Man Stabbed in Shopping Mall Parking Lot
West Palm Beach: In a lawsuit brought on by a man stabbed in the parking lot at a West Palm Beach shopping mall, the insurance company was ruled liable for the victim’s injuries. Despite the insurance provider claiming it owed no duty to defend or compensate the stabbing victim for his injuries based on an exclusion to coverage, a federal judge ruled otherwise. Even though the fight did not take place within the bar and grill itself, business operators and owners owe a duty to its patrons to provide safety, both within and outside of the premises which they operate, rent, or own. Jupiter West Plaza, which rents out the space to Uncle Mick’s Bar and Grill, has Mt. Hawley as its insurance provider, which according to Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida, “Mt. Hawley is not entitled to a declaratory judgment that there is no coverage under the policy for the claims asserted by Frye in the underlying liability action.” Adding: “Mt. Hawley has a continuing duty to defend the claims against the policy holders set forth in the underlying complaint.”
Business owners and operators of public or private spaces have a legal responsibility to provide safe and adequate conditions for all those that visit their establishments. Premises Liability is based on protecting the rights of victims that suffer personal injury, loss, or wrongful death on the private or public premises of an individual or business. The Perazzo Law Firm’s Personal Injury Litigation attorneys represent those that have suffered personal injury or loss through a Slip, Trip and Fall Accident brought on by the negligence of property owners or operators. Our Miami and North Miami Beach office attorneys and staff have handled thousands of cases for clients that have suffered personal injury during everyday activities such as: grocery shopping in a supermarket, vacationing at a hotel, dining in a restaurant, riding a roller-coaster, or crossing through a parking lot. Perazzo Law has a proven track-record of providing our clients with just compensation for injuries such as: Brain Injury, Spinal Cord Injury, fractures, or other work related losses from Premises Liability situations.
What do our Premises Liability Lawyers do for our Clients?
Our Premises Liability lawyer handle cases ranging from personal injuries brought-on by a variety of unsafe conditions, including open excavations, uneven sidewalks, wet floors, crumbling curbs, snowy or icy walks, falling objects, inadequate security, poor lighting, faulty chairs or benches, among more. At the Perazzo Law Firm we handle every aspect of the Premises Liability case from beginning to end, aiming to provide our clients with a full service representation to achieve just compensation for personal injuries suffered on account of negligence.
In the ‘looking down generation’, Miami motorists and pedestrians are constantly distracted by cell phone use, either while walking, riding, driving, or even while talking to face-to-face to other people. There are a lot of motor vehicles and pedestrians in Miami parking lots that form part of the looking down generation. Some areas of a parking lot in Miami may hold more potential probability for an accident than others. Motorists and pedestrians should apply added precaution in any poorly lit areas of a parking lot in Miami, as they can be more prone to a parking lot accident that may involve not only a car accident, but criminal activity or a slip, trip or fall accident in a Miami parking lot. Entering and exiting parking lots also requires added care. Automatic parking lot gates may lead to personal injury, property damage, or loss. On occasion, an automatic parking lot gate may lower on someone’s head, either while driving, riding, or walking under it, causing personal injury, or property to a motorist’s vehicle.
Who’s to Blame in a Parking Lot Accident in Miami?
Firstly, motorists should know that there are rules set in place for operating a car, truck, SUV, or motorcycle in a parking lot in Florida parking lots. Just like Miami streets, larger commercial and public parking lots have thoroughfares and feeder lanes, which work as ‘right of way’ rules in Miami. Thoroughfares are the wider lanes inside a parking lot from which motor vehicles enter, travel through, and exit the parking lot in Miami. The feeder lanes are narrower that cut through the thoroughfares leading to the parking spots. Motorists heading along the thoroughfare have right-of-way thus the motorists entering a thoroughfare are obliged to yield. Motorists pulling out of a spot are obliged to yield to thoroughfare traffic in the same way a motorists yields to traffic when pulling out of his/her driveway onto a street, avenue, etc. Parking lot accidents as a result of a motorists failing to abide by the basic parking lot driving laws may be held legally liable for any personal injury, property damage, loss, or even wrongful death as a result of parking lot accident caused by driving negligently in Miami. Motorists may sometimes back-out into each other. When this happens, the ruling is usually 50-50, depending on the corresponding insurance or police report. Motorists that crash into another parked vehicle are usually 90% liable for property damage. Sometimes vehicles may not be parked properly and lead to a parking lot accident in Miami. Perazzo Law advised motorists that cause property damage to another vehicle to refrain from leaving the scene of the accident without reporting the incident. Failure to do so may be deemed Hit and Run, which is a criminal charge. Insurance companies have special ways of handling parking lot accidents in Miami. Even though parking lot traffic generally operates at slower speeds, with the legal limit set at 1-15 mph. impacts and collisions can be costly. Some motorists have PIP insurance, which covers up to $10,000 in damages. But if there is personal injury involved, there won’t be much left to cover a new fender and the paint job. The victim may have collision coverage, but again, there may be clauses which prevent the policy holder to collect for damages. On average, parking lot accident victims in Miami parking lots have ten days to report the parking lot accident. The Perazzo Law FirmPersonal Injury staff recommends parking lot accident victims to handle parking lot accidents that result in personal injury, property damage, or loss in the same way they would a car accident on a Miami street. Seek eyewitness testimony, contact the authorities, seek medical assistance if needed, and keep all medical records. The Perazzo Law Firm urges parking lot accident victims to contact the Miami or the North Miami Beach office to find about more about parking lot related accident insurance claims in Miami.
Parking Lot Accidents in Miami can either fall under Premises Liability Litigation or Motor-vehicle Accident Claim, both of which can lead to an Insurance Claim. Let the Perazzo Law Firm handle your personal injury claim following an accident in a parking lot in Miami.
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