Is a large store responsible for injuries that happened in their parking garage?

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Is a large store responsible for injuries that happened in their parking garage?

The curb was not signed or painted yellow or any warning that it was different than the slanted painted yellow side.

Asked on June 23, 2015 under Personal Injury, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They may be liable IF the condition was "unreasonably dangerous"--that is, something which no reasonable property owner would allow to exist. However, they are only liable for such dangerous conditions: a store or other property owner does not insure or guaranty the safety of their guests and is not liable for injuries not resulting from dangerous conditions it allowed to exist. It is not clear that the condition you describe would be unreasonably dangerous; to be able to win a lawsuit for injuries, you'd need some expert, like some sort of traffic or parking-lot-design expert to be able to convincingly testify that this was unreasonably dangerous.


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