Owners and occupiers of premises owe a duty to invitees to use reasonable care to keep their premises in a reasonably safe condition for use by invitees. When you enter a premises with the express or implied permission of the owner or occupier, you are an invitee. The duty of an owner or occupier to maintain their premises in reasonably safe condition extends to the surroundings under their control, including the parking lot. For premises owners and occupiers, parking lots raise some important liability concerns.
Slip and Fall Accidents
This is probably the most common parking lot liability concern for property owners. Slip and fall injuries on parking lots can be caused by a variety of conditions such as poorly maintained walkways, uneven pavement, snow and ice, plant roots, or holes.
Drivers maneuvering their way in and out of parking spots in a parking lot can often result in collisions, especially in poorly designed parking lots. While the car accident may be due to driver negligence, collisions can also be caused by poorly designed parking lots.
Pedestrians can get struck by vehicles while they are making their way through the parking lot. They may also trip and fall due to other conditions present in the parking lot.
A premises owner or occupier may be liable for the actions of third parties who cause harm to people in their parking lot.
Duty of Premises Owners to Maintain the Premises
Premises owners have a duty to take reasonable steps to keep their parking lots reasonably safe to avoid causing harm to visitors to the premises. Owners and occupiers have a duty to maintain the premises in good repair and to warn visitors of potential dangers or hazards on the premises. When a premises owner fails to maintain their property in good repair and an invitee is injured on the premises, the premises owner can be held liable for damages suffered by the injured through a premises liability claim.
Duty of Premises Owner to Protect Invitee from Injury Caused by a Third Party
Sometimes, a premises owner may be held liable for actions of third parties on their premises. Generally, a premises owner does not have a duty to exercise care until they know or have reason to know that the acts of the third party are occurring, or about to occur. For example, if several robberies or assaults have occurred in a parking lot, the premises owner has knowledge of this issue and has a duty to take steps to address this issue for the safety of their invitees. If the place or character of the parking lot is such that the premises owner should reasonably anticipate careless or criminal conduct by third parties, the premises owner may be under a duty to take precautions against it, and to provide reasonably sufficient resources to provide reasonable protection. For example, because of the character of a casino, the parking lot should have adequate security personnel and equipment. When a premises owner fails to take these precautions, they may be liable for damages resulting from harm caused by third parties.
If you have been injured in a parking lot accident, you may be entitled to compensation for your damages. To learn more about your legal rights, you should contact an experienced Las Vegas personal injury attorney. Contact Koch & Brim, LLP at 702-410-6034 for a free consultation.