Connecticut personal injury attorney James Sabatini has filed suit on behalf of his client who sustained serious injuries as a result of a defective parking lot. Commercial and retail parking lots have to be maintained and inspected by the property owner. Failing to maintain a parking lot results in deteriorating conditions including loose gravel, cracks and potholes. These hazards pose a significant risks to shoppers. Stepping into a pothole or tripping over a serious crack in the pavement can cause serious injury. The property owner must take reasonable steps to fix the defect or at a minimum place a warning cone to alert shoppers of the hazard.
The failure to correct the defect or warn against it constitutes negligence and the property owner will be liable for injuries caused by the hazard. In many of these cases, the property owner’s insurance company will argue that the injured shopper was at fault for not seeing the hazard. In most cases this argument can be defeated or minimized. For example, shoppers will not see the crack, loose gravel or pothole because they are carrying large boxes or shopping bags. In other instances, the hazard has been covered by leaves, sand, debris or snow.