Yes, injuries from parking lot pothole falls are actionable in Naperville when the property owner knew or should have known about the hazard and failed to repair it or provide adequate warning.
“Actionable” means that you have a valid claim to take legal action against whoever was supposed to repair the pothole. You can take legal action, whether through filing an insurance claim or filing a lawsuit.
If you fell and were injured due to a pothole in a Naperville parking lot, a Naperville slip and fall injury lawyer can help you find out if your case is actionable. They’ll help you investigate whether the property owner was negligent and help you pursue compensation for your injuries.
The Property Owner’s Duty to Maintain Safe Parking Lots
Under Illinois premises liability law, property owners must maintain their premises in a reasonably safe condition for lawful visitors. This duty extends to parking lots, which are considered part of the property where owners invite customers, tenants, and guests.
Property owners must regularly inspect their parking lots to identify hazards like potholes. When potholes are discovered, owners must either repair them promptly or provide adequate warnings to prevent injuries.
The standard is not perfection but reasonableness. Property owners are not liable for hazards they could not have known about through reasonable inspection. However, once a pothole exists long enough that regular inspections should have discovered it, the owner’s failure to address the problem in a timely manner becomes negligence.
What Makes a Pothole a Dangerous Condition
The size and depth of the pothole matter significantly. A shallow depression of an inch or less typically does not create actionable liability, while deeper holes several inches deep are more likely to be considered hazardous.
The location of the pothole within the parking lot is also important. Potholes in high-traffic areas where pedestrians regularly walk, near entrances and exits, or in areas with poor lighting pose greater risks.
Courts also consider whether a reasonable person exercising ordinary care would have noticed and avoided the pothole. If the hazard is so obvious that people should see and step around it, the property owner may not be liable. However, property owners cannot rely solely on visitors being careful when the pothole is difficult to detect or avoid.
Constructive Notice vs. Actual Notice
To prove a property owner is liable for your pothole fall, you must show they had either actual or constructive notice of the hazard. Understanding this legal distinction is important to building your case.
Actual Notice
Actual notice means the property owner knew about the specific pothole before your accident. This can be proven through maintenance records documenting the pothole, complaints from other customers or tenants about the hazard, photographs or videos showing the owner or their employees were aware of the problem, or prior incidents of injuries.
Constructive Notice
Constructive notice means the pothole existed long enough that the owner should have discovered it through reasonable inspections, even if they claim they did not actually know about it. The hazard was sufficiently obvious or conspicuous that proper attention would have revealed it.
Property owners cannot avoid liability by simply claiming they did not know about a pothole if it existed long enough that reasonable inspections should have discovered it. Your parking lot pothole fall is actionable in Naperville if we can prove either form of notice.
What Compensation Can You Recover From a Parking Lot Pothole Fall?
If you were injured in an actionable parking lot pothole fall in Naperville caused by a property owner’s negligence, you may be entitled to compensation for both economic and non-economic losses. The specific amount depends on the severity of your injuries and the impact on your life.
Economic damages include all medical expenses for emergency room treatment, doctor visits, surgery, physical therapy, medications, and any future medical care your injuries require. You can recover lost wages for time missed from work during your recovery, as well as compensation for reduced earning capacity.
Non-economic damages account for physical pain and suffering, emotional distress, and reduced quality of life caused by your injuries. If your injuries are permanent or leave you with lasting limitations, you may receive additional compensation for the long-term impact on your daily activities and enjoyment of life.
Contact Charlie Therman for Help With Your Naperville Parking Lot Injury Case
Property owners must be held accountable when their negligence causes injuries. At Charlie Therman Injury & Accident Lawyers, P.C., we have been fighting for injured clients since 2002 and have recovered over $100 million in compensation.
We go to bat for our clients by thoroughly investigating parking lot accidents, gathering the evidence needed to prove negligence, and fighting for maximum compensation. Choose Charlie and let us handle your parking lot injury claim while you focus on recovery.
We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Contact us today for a free consultation to see if the injuries you’ve suffered from a parking lot pothole fall in Naperville are actionable.
