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James Kevin Holmes

James Holmes’s Answers

1 total

  • I fell after tripping on uneven asphalt in a parking lot of a store, the asphalt was not only laid unevel asphalt

    the ashalt was also deteriated from oil leaking from cars. I tripped over that corroded area. I was wearing flat shoes with rubber bottoms and they were not the problem as thie insurance sugggested. I have majar contusions inside What can I expec...

    James’s Answer

    Your question poses several questions. (1) Did the condition of the parking lot violate any building codes. Most building codes require that there not be any changes in elevation of more than 1/2 inch in an area where people would be expected to walk. Absent a code violation, you would have a difficult case and be required to show the store knew about the "defective" condition and failed to repair it. (2) Who owned the parking lot and had the responsibility to repair? It could be either the store or the landlord. A landlord that rents to several stores in the same shopping center, can be liable for the maintenance of the parking lot, including the responsibility to inspect it and look for hazardous conditions. Slip and falls are very difficult cases. You should discuss your case with a lawyer in your area.

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