Premises Slip Fall Case for Parking Lot Injuries...

by Norma
(Syracuse, NY)

I'm wondering if this is a premises slip fall case: My husband was going for his monthly chemo treatment. He got out of the car at the medical facility, he went to close his door and fell down. The parking lot was all slushy with some ice, as previously we had snow mixed with rain.

He was picked up by other patients and put in a wheelchair and taken inside. The oncology nurse called an ambulance and he was taken to our local hospital.

He had a broken hip and they performed surgery and put 3 screws in his hip. Is the medical facility responsible for his medical bills? Thank you.

Visitor Question:
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ANSWER for "Premises Slip Fall Case for Parking Lot Injuries...":

The medical facility is likely liable. If the parking lot is owned exclusively by the medical facility, then liability attaches to the medical facility alone. If you pay or use a validated parking ticket to get out of the parking lot it is highly probable the lot is managed by an entirely separate company. If that is the case, the parking lot management company and the medical facility are mutually liable.

Finally, in many cases commercial parking lots are owned by entirely separate entities. Those entities usually lease space to parking lot management companies and commercial businesses like the medical facility. If so, then all three entities are “individually and collectively” liable for the pain and suffering, mental anguish, and all medical bills attendant to your husband’s treatment at the local hospital.

The law sets a much higher “standard of care” for those entities providing services to the infirm. As their standard of care is higher so is their liability for damages resulting from their negligence.

There is no excuse for a medical facility’s parking lot to have any slush in it. The people who park there are often fragile and weak. How much would it cost to pay a person or two to keep the lot clear during business hours? That is a question to be answered by a judge or jury.

(P.S. For those of you unfamiliar with the northern word “slush” it means a combination of rain, ice, road oil and stones accumulated on the ground. It looks like dirty snow.)

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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