If you were injured in a dangerous parking lot as a pedestrian, driver, or other type of road user, the property owner is responsible for paying your damages.
A pothole-filled parking lot is a danger to drivers, pedestrians, and cyclists alike. They city has at least five pothole crews filling in the worst stretches of road “around the clock,” according to CBC News, but that does not address the growing number, and depth, of potholes the populated many parking lots throughout the city. Most parking lots are not owned or maintained by the city, and are the responsibility of private property owners and businesses to. As such, it is the property owner’s responsibility to fix a dangerous pothole-ridden parking lot, not the city of Windsor. If you were injured in a pothole collision or trip and fall, you deserve to be compensated for your damages. Here at The Preszler Law Firm, our personal injury lawyers specialize in pothole claims, and are available to answer your questions today.
Our slip and fall accident lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Seeking Compensation for Your Damages
Parking lot injuries range from sprained ankles and traumatic brain injuries for pedestrians, to whiplash and back injuries for motor vehicle occupants. Cyclists are also often the victim of potholes, which can turn a bike tire or cause the cyclists to go over the handlebars. Personal injury claims are valued based on the following damages:
- Out-of-pocket medical expenses
- Future out-of-pocket medical costs
- Pain and suffering
- Lost wages and earning capacity
- Property damage
- Other expenses such as housekeeping or transportation
Our skilled pothole injury lawyers here at The Preszler Law Firm have handled countless pothole injury claims and have the experience and dedication necessary to win your case.
Windsor Potholes In Parking Lot Lawyer Near Me (416) 364-2000
Who Is at Fault in Parking Lot Injuries Caused by Bad Road Surface and Potholes?
In most cases, managers of commercial properties or the property owners themselves are responsible for maintaining their accompanying parking lots, not municipalities. In some cases parking lots are owned and operated by the city, such as a parking lot for a courtroom or police station. Yet, these are much fewer in number than parking lots owned and used by fast food restaurants, convenience stores, outlet malls, and shopping centers. The first order of business when filing a personal injury claim is to figure out who is liable. In the case of a parking lot injury caused by potholes or cracked pavement, the at-fault party may attempt to place blame with another entity. For example, parking lots are often shared by multiple stores or businesses. Often, ony property manager or owner is responsible for the entire lot, though this may not always be the case, particularly when one parking lot seems to merge into other parking lots without much definition between the two. Locating the appropriate party is not always as easy as it seems, and holding that party accountable is even more difficult.
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Pothole Thrive on the Freeze and Thaw Cycle as Well as Neglect
Unfortunately, it seems that the pothole fiasco here in Windsor is going nowhere for the time being. Potholes are formed when the pavement cracks. Pavement cracking is caused by thermal expansion, among other things. When pavement heats up, it expands, and when it cools down, it contracts. This constant expansion and contraction stresses the pavement in a parking lot enough that cracks form. Once cracks are large enough to let water in, the real damage begins. The water that seeps down into the cracks and underneath the pavement and eventually freezes during the winter and spring, expanding upward and placing additional pressure on the pavement above. When the ice thaws, the ground detracts slightly, leaving a space or cavern under the pavement. With enough time and freeze and thaw cycles, the pavement will no longer be able to hold itself, and traffic and parked cars above it without deteriorating. Eventually, a hole is formed, and when cars drive over this compromised section of pavement, the deterioration occurs even more quickly.
As long as Windsor winters continue, so too will potholes, unless property owners all decide to take preventive measures. Neglecting regular parking lot maintenance creates dangerous pothole-filled parking lots that ruin suspensions and tires, and cause collisions and traumatic trip and falls.
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How Can Potholes Be Prevented?
Like many cities around the world, most cities in Canada have more parking lot space than bike lanes and public transportation rail lines. The car is King in Canada, and that is represented in our parking lots, which are large and abundant, to say the least. After all, Canada is the record holder for the largest parking lot in the world, with the 20,000 car lot of West Edmonton Mall. But this does not mean that our parking lots are well-cared for, or safe.
Potholes form when parking lots are not well maintained. A properly paved parking lot can withstand harsh winters and heavy traffic for a number of years before any serious signs of wear and tear, and pothole damage, begin to surface. By investing in quality paving and re-paving, property owners and property managers can avoid potholes from taking root. However, most property owners are more interested in the short term. Whether they do not have the capital to invest in an expensive paving job, or they simply do not care and are interested in taking short cuts, property owners are more likely to fill in potholes than to re-pave a parking lot. Filling potholes with asphalt only solves the problem for a few months before car tires begin to dig that asphalt out again.
Our Injury Lawyers Can Help
If you were injured in a dangerous parking lot as a pedestrian, driver, or other type of road user, the property owner is responsible for paying your damages. Insurers are quick to deny claims and slow to compromise. This is because they know that the longer they drag out the settlement process, the more eager and desperate injured plaintiffs become. For fair compensation, you need a lawyer who will patiently and relentlessly work your case by negotiating with insurance companies and taking them to court when necessary. To set up a free consultation, call The Preszler Law Firm today at 1-800-JUSTICE .
Call or text (416) 364-2000 or complete a Free Case Evaluation form
