I slipped in the parking lot of my job when getting out of my car. The property is owned by a management company. My company leases offices.
They water the grass each morning and I parked in the last spot, where it was like a culdesac. There was grass in front of the parking spot and to the left side, where water ran off onto the parking lot each day and where grass would collect after they mowed.
It caused it to build up and made a thin, slimy coating on the ground. I slipped in the slime breaking my ankle in 3 places and tearing the ligaments. Nobody saw me fall, but several people finally found me. I was covered in the slime and my purse and things were scattered.
My husband and I went back after we left the ER to take pictures, but they had already scraped up the slime removing my skid marks. My secretary had already made the report for me that morning after she took me to the ER. I now have to have surgery and be out of work for a couple months.
My surgery alone is 40K and my insurance only covers 80%, and I have a 4K deductible which I have to come up with first, and I’ll need therapy afterward. Is the property management company responsible? Shouldn’t they have not allowed anyone to park in a spot that had regular build up of water, grass and dirt that became slimy?
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That was a terrible fall. From the facts you present it does sound as if the management company may be liable. If you are sure the management company owned the property then they should be the entity responsible. Normally management companies do just that – they manage the property for the owner.
If you think it is possible they are the managers and not the owners of the property, then the owner AND the management company may share the liability.
The facts you present evidence a clear case of liability. The management company/owner should have known about any danger their actions or omissions might directly or indirectly cause to the public. They have a duty to make their property safe for the public. They have invited people to park there and in so doing should be responsible for injuries suffered by the public.
At one time or another we have all seen sprinklers on and water running off onto a sidewalk or street. The management company would be hard pressed to say they were unaware their sprinklers might have caused water to run off.
At a minimum the management/owners could be liable for Actual Damages such as:
• Your 4K insurance deductible; and
• The 20% you are supposed to pay over and above the 80%; and
• The lost wages you have already lost and will lose during your recuperation: and
• Your loss of Consortium
Beyond that they should be liable for:
• Your Pain and Suffering; and possibly
• Punitive Damages
In addition, the pain and suffering you’ve endured, and still yet unquantifiable medical problems you may continue to endure, the courts have traditionally designated the term Pain and Suffering as “catch all” to cover those events.
In some cases, the courts may award an additional and sometimes substantial amount as Punitive Damages. Punitive damages can be likened to punishing the responsible party for actions or omissions the court believes to be egregious.
Because time is of the essence in these cases, especially the Statute of limitations period of 2 years, if you decide to seek compensation for your injuries it would be in your best interest to begin legal proceedings at the earliest possible time.
Learn more here: Third-Party Lawsuits and Workers' Comp
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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