If I was walking through a store parking lot, what are my rights if I was injured by the trailer hitch on a truck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was walking through a store parking lot, what are my rights if I was injured by the trailer hitch on a truck?
A truck with a hitch was parked. Its backend was 4 ft past marked lines and hitch about another 6 inches further out into traffic lane (area between parking sections). I fell because the trailer hitch impacted my knee cap and I went down. There was nothing in tow. The tag number was noted and witness info gathered. The owners of vehicle came out and the witness and stated what had happened. Isn’t there a law that makes having a hitch attached with nothing in tow illegal? What are the responsibilities of the store and the truck owners in question. I am having an X-ray and whatever else needed done.
Asked on November 20, 2015 under Personal Injury, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First, Wal-mart has no legal obligations here whatsoever: the owner (or renter, if they don't own the land) of a parking lot is not liable for injuries caused on its lot by persons not under its control--like by a customer.
Second, regardless of whether the truck should or should not have had a trailer hitch with nothing on two, you are the one who walked into a stationary, visible object (the hitch). Therefore, even if the truck's driver and/or owner was negligent or otherwise acted improperly, you were almost certainly negligent, or careless (walking into the stationary object) as well. Your own negligence would reduce, and possibly eliminate, any amounts you'd otherwise be entitled to recover.
While it would be worthwhile for you to consult in more detail with a personal injury attorney, based on what you write, there is a good chance you are not entitled to compensation from anyone in this case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.