Cimarron, CO Personal Injury Law Firms & Lawyers

The California law in question at play here was established by Proposition 213 in 1996. While usually this law bars a person from collecting compensation for pain and suffering for injuries they sustained in an accident (while driving without insurance), there are some limited exceptions related to whether the at-fault driver was under the influence of drugs or alcohol at the time of the collision. This is a fact specific evaluation and we have been successful numerous times in very similar situations.

You can almost always sue someone for your injuries assuming there is a reasonable basis to believe someone is at fault. However, the more important question is whether you would be successful in your suit. The answer to that question is "maybe" depending on additional information not contained within your Question or the Question Detail. Assuming this fall occurred in privately owned parking lot, the owner may be responsible for your medical bills, lost wages, pain, suffering and other damages. Before the parking lot owner (hereinafter referred to as "Owner") would be responsible for your damages, you must prove they were at fault for your fall. Generally, to prove liability for a fall on ice you must prove all of the following: (1) That the Owner either caused the ice to be in the parking lot, knew of the ice, or, by the exercise of reasonable care, would have discovered the icy parking lot; (2) that the Owner should have realized that the ice involved an unreasonable risk of harm to people walking in the parking lot; (3) that the Owner should have expected that people either: would not discover or realize the danger; or would file to protect themselves against the danger posed by the water; and (4) that the Owner failed to use reasonable care to protect people from the danger posed by the ice. The information necessary to establish these items is not continaned within your Question or Question Detail. The following is a partial list of questions that would need to be answered to determine whether the Owner is at fault based on the items set forth in the prior paragraph: what the weather (temperature; precipitation) for at least the 7 days before your fall; how long had the ice been on the parking lot; did the ice cover the entire parking lot or just parts; had the Owner made any attempts to remove the ice; was the ice "visible" to people walking on it or was it covered by snow or "black ice"); what time did you fall; the lighting conditions of the parking lot; whether you had walked on the same ice you fell on prior to your actual fall; the type of shoes/ boots you were wearing and their tread; how fast you were walking; what were you doing and looking at just prior to your fall. Again, this is just a partial list. In addition, you would have to examine your own actions in determining whether you were 50% or more at fault for your fall. In Nebraska, to recover you must be less than 50% at fault. The main questions as to your own "possible" fault involve: (1) whether you knew about the ice; and (2) how carefully you were walking, which involves your speed and what you might have been carrying; and (3) whether you were watching where you were walking. Again, the information provided does not permit me to determine the likelihood of prevailing in a lawsuit against the parking lot Owner. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

The simple answer is that the injured party could sue both of you. However, ultimately the responsible party will be the one who is in charge of maintaining the area where the person fell. In addition, the injured plaintiff must be successful showing there was a defect or hazard in that area (through the wrongdoing or negligence of the entity in charge) which caused his/her fall.