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Parking Lot Accidents – Business versus Driver(s) Liability

With over a million visitors to Las Vegas each year, the city of Las Vegas has hundreds of parking lots and parking structures to accommodate motor vehicles. As such, parking lot accidents are bound to occur. But when a parking lot accident occurs in Las Vegas, who exactly is liable?

In Las Vegas, business owners have the responsibility to keep their premises which include their parking lot(s), safe from causing injury. If a Las Vegas business owner does not keep their premises safe, and a personal injury, such as a car accident, occurs, the Las Vegas business owner may be liable to the injured party(ies) if the injury was reasonable and foreseeable. To be liable the Las Vegas business owner must also owe a duty of care to the injured party(ies) and the injured party(ies) must show that the business owner breached that duty of care. Injured parties which can be owed a duty of care include customers, employees, and agents.

For instance, a Las Vegas business is aware there is a hole in their parking lot. They do not cover the hole, nor do they put a barrier around the hole. On the way to their car, a customer trips in the hole and suffers injuries. First, the Las Vegas business owner owes a duty of care to this individual because they were a customer. Second, it is foreseeable that a person, such as a customer, could be injured by the parking lot hole. Therefore a court could find that it is reasonable that the Las Vegas business should have taken steps to protect persons using their parking lot from injury. Furthermore, by not taking such steps to protect their customer, the Las Vegas business could be held liable for any injuries the customer sustained.

Parking lot accidents which occur because of circumstances, such as weather, that are outside the control of the Las Vegas business owner, can preclude the Las Vegas business owner from being liable for injuries even to someone they owed a duty of care. In these circumstances, another person or even the injured party may be held liable.

For instance, a customer pulls out of a Las Vegas parking lot space without looking in both directions. The customer hits another customer walking through the parking lot or another car entering the parking lot. In these circumstances, while it is reasonable and foreseeable that car accidents will occur in the parking lot, the customers driving their cars or the pedestrian in the parking lot could be an intervening cause to exclude the Las Vegas business from liability.

The commentary is for educational and commentary purposes only. If you or someone you know involved in a car accident or have a personal injury on the property of a Las Vegas business contact Lagomarsino Law to ensure your rights are protected, and you receive the best medical care and just compensation. Contact our office for a free confidential case review, and receive a response within hours. Call Toll Free 866-414-0400