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Surprisingly many claimants think that they do not have legal recourse or they are unable to claim compensation if they slip and fall in a private or municipal parking lot – when the opposite is in fact true.
Have you been hurt in a Parking Lot? Our Hamilton parking lot injury lawyers have represented victims who trip and fall in parking lots due to negligent conditions since 2003
The law concerning parking lots falls under what we call the “Occupiers’ Liability Act,” which is an Ontario law that mandates that property owners must keep their premises in a reasonable state of repair at all times. A victim may be able to demonstrate that the parking lot owner did not keep their premises in a reasonable state of repair or that the property was not monitored consistently. If so, then the parking lot owner will be found liable, and the claimant will then be entitled to a determined amount of compensation.
The other common type of injury suffered in parking lots is motor vehicle accidents. For many, particularly senior citizens, parking lots can be a challenging place to drive. Many parking lot accidents are low-impact collisions, but when a car or truck hits a pedestrian, high or low-impact issues are often not of concern.
Slip and Fall Injuries – Parking lots in the Winter
Parking lot slip and fall injuries happen quite often in the winter because either the parking lot owner or contracted maintenance company failed to salt or sand the premises properly.
Why do salting deficiencies typically happen? Property owners often retain snow removal or maintenance companies for snow removal and salting. Some contracts mandate “salt-on-call,” which means that the property owner needs to contact the contractor and request that the parking lot be salted. On the other hand, some contractors have the full authority to salt whenever they deem necessary.
When this happens, contractors sometimes fail to monitor the weather properly, there might be scheduling deficiencies or the contractor might be overloaded with contracts and may not be able to get to the property in time.
Sometimes, contractors will salt when it is too cold, rendering salt application meaningless. Generally salt loses its effectiveness once the temperature fall below -10 to -15 degrees. At that point, salt is simply used for traction (salt causes freezing point depression – meaning that salt helps lower the freezing point of ice and, therefore, the melting point of water. Water freezes at 0°C. Salt can cause that freezing point to be lowered which forces the ice to melt and prevents the water from freezing).
A parking lot without proper drains or catch basins to drain melted snow and ice can also be an issue. Without proper drainage, water has nowhere to go, and either it ends up in a re-patterned freeze, or it seeps underneath the pavement into the gravel sub-base, causing the pavement to weaken and eventually crack or collapse into potholes.
In addition, snow can be negligently plowed into an area, which causes run-off into pedestrian pathways after it melts.
Trip and Fall Injuries – Parking Lot Trip and Fall Accidents
Our Hamilton parking lot injury lawyers represent pedestrians who have suffered injuries caused by trips and falls in parking lots. Often, parking lots that are not maintained, in combination with harsh Canadian weather, cause asphalt to expand and contract. When cracks occur in parking lots and water seeps in, that water could freeze and cause the pavement to expand, bend, crack, weaken, and eventually break.
Asphalt then sinks into the eroded portions of the damaged parking lot, forming a pothole. If they are not properly repaired and patched, potholes become tripping hazards. Tripping hazards occur because of the variance in height between two walking surfaces—the parking lot and the pothole.
Potholes can be hazardous for pedestrians, as it is quite easy to catch the toe of a shoe on the edge or lip, causing a person to tumble and lose their balance. Potholes must be fixed in a timely manner. If they don’t, then the establishment, store, mall, airport-whatever the property may be, could be liable to pay you compensation for your serious injuries.
What is the Duty of Care Imposed on Parking Lot Owners in Personal Injury Cases?
By law, the owner of the premises must maintain “positive action” where circumstances warrant. This means that procedural safeguards must be put in place to protect visitors from foreseeable harm reasonably. The safeguards should be routine or consistent. The occupier has an ongoing duty to inspect, and the inspections should be documented to prove that the system was, in fact, complied with.
Have you ever seen inspection sheets on the back of a bathroom door in a restaurant? These maintenance logs show that the bathroom floor has been inspected hourly (or whatever the case may be) or regularly. The same goes for parking lots. A routine inspection should be logged. The parking lot inspection should be consistent, effective and within a set schedule.
What Types of Parking lot Inspection Might be Considered Ineffective?
A disorganized system involving multiple factors might be considered ineffective. A disorganized system with poor communication between management and employees or management and contractors could be ineffective. Inappropriate delays in attending to parking lot deficiencies can also render an inspection ineffective. Or, if certain areas are routinely unattended, if a system or policies were in place but the owner/contractor were not compliant, if a system did not adjust to proper weather conditions, or if there was no proper warning such as signage – all of these might be considered to be a problematic or ineffective system of maintenance.
Parking Lot Pothole Injuries in Ontario – Our Hamilton Parking Lot Injury Lawyers Can Explain Your Rights
Oftentimes, in the winter, even if a proper system is in place, a parking lot may unfortunately lie in a state of disrepair with cracks or potholes which could have been repaired but were not. Cracks in parking lot pavement are often caused by a lack of drainage or moisture issues, along with direct exposure to sunlight.
A property owner will be deposed in the circumstances, with questions about why routine maintenance and inspection did not lead to the repair of the damaged parking lot potholes by patching, filling, and other surface treatments.
Pavement cracks, but more importantly, potholes, can be a source of major parking lot tripping hazards. Potholes are normally caused by the expansion and contraction of water accumulation under the pavement.
In the spring, when the ice melts, the pavement will contract, leaving gaps underneath it where water gets trapped. When the water freezes and thaws underneath the asphalt over and over, the pavement will weaken and continue cracking until it ultimately gives way. When cars or other pressures repeatedly mount the weak pavement, depressions happen – thus creating a pothole in the parking lot.
The problem with potholes in the winter is that water pools in potholes freezes over, and becomes a dangerous slip hazard to pedestrians.
Even if snow is removed from the parking lot, the remaining black ice formation in and around the pot-hole can be visually confusing. Even worse, potholes can be deadly for cyclists, who can be tossed from their bikes and fall if they hit an unexpected parking lot pothole.
Trip and Fall Injuries – Parking Lot Injuries in the Warmer Months
Similar to winter pothole deficiencies, pedestrians and cyclists can end up brutally hurt in a parking lot if the pavement is deficient in non-repair during the warmer months. As noted above, potholes start to form when water trickles into the gravel sub-base and undermines the structural enforcement of pavement. Parking lots are obviously susceptible to high traffic. The weight of cars and trucks moving over the pavement with weak support or sub-base support will cause the pavement to flex, crack and fall away when potholes form.
Remember – property owners are mandated to promote positive action – meaning that reasonable inspection of their property must be maintained to avoid liability. Preventive maintenance to repair the cracks (to prevent further water penetration) and keep the water out of the asphalt is the best defence against potholes.
If you have tripped in a pothole in the summer months, most of the time, it’s because regular inspection and maintenance were negligently avoided. Suppose you have been hurt by tripping or falling in a parking lot pothole or crack in the parking lot pavement. In that case, you must contact a Hamilton parking lot injury lawyer specializing in occupier liability litigation.
Car Accidents – Pedestrians and Parking Lot Injuries
Parking lot accidents are surprisingly common. The important thing to remember is that the Ontario Highway Traffic Act cannot be enforced on private property such as parking lots. The Act generally applies only on highways, streets, avenues, parkways, bridges, etc. With this in mind, if an accident happens in a private parking lot, a defendant driver cannot generally be charged in contravention of the HTA.
Pedestrians in parking lots are often hit by cars backing out of spaces. Accidents also occur when a car pulls forward out of a space. Drivers must always make sure that parking lot lanes are clear before pulling out.
From a personal injury perspective – nothing is stopping an injured victim from commencing an action against an at-fault driver who caused injury in a parking lot. You are absolutely entitled to retain a Hamilton parking lot injury lawyer to sue the at-fault driver for such things as:
- Pain and suffering
- Loss of enjoyment of life
- Loss of amenities
- Compensation for family members
- Your past wage loss
- Your future wage loss
- Compensation for the inability to take care of your home, indoors and outdoors
- Health care costs not covered by your private group carrier or OHIP
- Management fees if you were very seriously hurt
- Dependency losses on behalf of the family members, particularly the spouse, if the victim dies
- Reimbursement of out-of-pocket expenses on behalf of family members
Types of Parking Lot Injuries Caused by Potholes and Cracks in the Pavement
Personal injury sustained as a result of a slip, trip, or fall in a pothole or cracked pavement seems to vary by season. In the winter, many victims who slip and fall on a pothole with a ponded ice formation seem to suffer ankle fractures—such as bi-malleolar or malleolar ankle fractures. Victims also seem to suffer lower extremity fractures, such as patella, femur, and hip fractures.
Upper extremity injuries seem more common in the summer months. Whether potholes, cracks, debris, or poor illumination caused the fall, victims often try to extend their hands or protect themselves from falling. We see upper extremity injuries, such as rotator cuff injuries and fractured elbows, wrists, or hands.
Injuries caused to pedestrians by motor vehicles vary. A large proportion of injured pedestrians suffer femur and hip fractures caused when vehicles are turning or backing out of a parking space without paying proper attention. Other vehicle accidents can be caused by drivers failing to yield to pedestrians, not signalling for a turn, disobeying signage and/or walk signals and distracted driving. If you have been hit by a vehicle, you must speak to a Hamilton parking lot injury lawyer to learn your options and rights without delay.
Injured in a Parking Lot? Contact one of our Hamilton Parking Lot Injury Lawyers Today
Your first step should be to call a Hamilton parking lot injury lawyer. They can make the request that any video surveillance of the parking lot be preserved. Failure to preserve video evidence can result in claims for spoliation (loss or destruction of evidence). Your parking lot injury lawyer would then undertake the appropriate investigation to advance a claim for damages.
At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.
Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.