Is a hospital responsible if I was injured in their parking lot? - Accident Law Questions and Answers- LawQA.com

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Is a hospital responsible if I was injured in their parking lot?

Yesterday, I fell on an uneven pavement of a hospital parking lot while visiting a relative and was initially evaluated at their Emergency Room. I sustained a left ankle fracture. The hospital security guard was summoned to the scene. What are my rights? I will be missing work days. Is the establishment responsible?

Answer By Russell D. Gray
Law Office of Russell D. Gray, PC
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The hospital may be responsible for an unsafe condition in its parking lot. The question of liability is very complicated, and it depends on whether the hospital was or should have been aware of the uneven pavement. You should contact an attorney for help with this. I'd be happy to help.

Answer Applies to: Utah
Replied: 6/19/2011

Michael Anthony Wing, P.C.
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If the landowner it knew or should have known of a dangerous condition, or if it created the dangerous condition, then it had an obligation to repair or warn. There are multiple codes and standards to be considered relative to walking surfaces. There may be other responsible parties. Go ahead and meet with a lawyer. There is a two year statute of limitations, so keep that in mind. Stay well.

Answer Applies to: Alabama
Replied: 6/14/2011

Vincent J. Bernabei LLC
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When you were injured, you were considered a licensee, since you were visiting a relative. A possessor of land is liable to a licensee for harm resulting from a condition on the land only if "`(a) the possessor knows or has reason to know of the condition and should realize that it involves an unreasonable risk of harm to such licensees, and should expect that they will not discover or realize the danger, and "`(b) he fails to exercise reasonable care to make the condition safe, or to warn the licensees of the condition and the risk involved, and "`(c) the licensees do not know or have reason to know of the condition and the risk involved.'" You may therefore be entitled to recover your lost income, your medical expenses, and you may also be entitled to additional compensation for the pain and suffering you've suffered as a result of your injury.

Answer Applies to: Oregon
Replied: 6/13/2011

Answer By Josh Lamborn
The Law Office of Josh Lamborn, P.C.
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Premises liability cases are very difficult cases to litigate. Even very clear cases of liability can sometimes be tricky. Without seeing the area that you are talking about I can't tell you for sure whether the hospital is liable or not. It will depend on a whether a reasonably prudent landowner should reasonably have known the area was hazardous and whether they took steps to do anything about it. In a case where the pavement is just a little uneven it is unlikely that you would be able to prove the landowner was liable absent some sort of "smoking gun" evidence such as an internal memo indicating that they know of the hazard and did nothing to correct it. I would encourage you to seek counsel to determine whether a viable premises liability case exists.

Answer Applies to: Oregon
Replied: 6/13/2011

Law Offices of Earl K. Straight
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It depends. In your case, the issue will be whether the uneven pavement amounted to a dangerous condition, which is often in the eye of the beholder, and hotly contested. Assuming by uneven you mean there was a lip or change in elevation, was it one inch or six inches? Was it obvious or difficult to see? These are some of the fact questions that will come into play when determining whether the hospital would be liable for your injury.

Answer Applies to: Texas
Replied: 6/13/2011

Law Office of Travis Prestwich, PC
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Probably yes. If the condition of the parking lot was such that the hospital knew or should have known it was a hazard, it would be responsible for your injuries. You should speak to an attorney right away to gather information critical to the case.

Answer Applies to: Oregon
Replied: 6/13/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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It depends on the condition of the area. The whole question is one of notice of a defect to the hospital and how obvious the danger would be to a pedestrian. They are not per se liable. See a lawyer with experience in the field.

Answer Applies to: Alabama
Replied: 6/13/2011

Paul Whitfield and Associates P.A.
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If your fall was because of negligent maintenance you may recover if you did nothing wrong to contribute to the fall.

Answer Applies to: North Carolina
Replied: 6/13/2011

Answer By Eddie W. Wilson
Wilson & Hajek, LLC
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An expert would have to examine the parking lot to determine if it is a dangerous condition. If so, you can sue the hospital under most circumstances.

Answer Applies to: Virginia
Replied: 6/13/2011

Ramunno & Ramunno, P.A.
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You may have have claim but it will depend on the circumstances. You should discuss with an attorney that handles these types of cases.

Answer Applies to: Delaware
Replied: 6/13/2011

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