Fell in a Parking Lot: Who Is Responsible?
The owner or business that controls a parking lot generally must use reasonable care to keep it reasonably safe for customers and visitors, but it is not responsible for every fall. Under state premises-liability law, courts ask whether the condition (such as a pothole, crack, bumper block or poor lighting) was unreasonably dangerous, whether the owner knew or should have known about it, and whether it was open and obvious. Small, ordinary pavement defects often are not enough. If a city or public agency owns the lot, special notice-of-claim deadlines can apply. Rules differ by state; check the slip-and-fall page for your state.
What the law says
- A fall in a parking lot is generally handled under the same state premises-liability rules as a fall inside a building, and those rules differ by state. Example (New Jersey): the official jury charge notes that courts have held a business's duty to customers includes a duty to provide reasonably safe means of entering and leaving, and in one case extended a restaurant's duty to adequate lighting for patrons crossing a road to reach its parking lot. New Jersey Model Civil Jury Charge 5.20F, Duty Owed - Condition of Premises (rev. 11/2022)
- Example (Texas): a customer suing over a parking-lot fall must show (1) the owner actually knew or should have known of the condition, (2) the condition was unreasonably dangerous, (3) the owner did not use reasonable care to reduce or eliminate the risk, and (4) that failure caused the injuries. Supreme Court of Texas, United Supermarkets, LLC v. McIntire, No. 21-0208 (June 17, 2022) (per curiam)
- Example (Texas): in a 2022 case, a shopper broke her foot and leg after her heel caught an approximately 3/4-inch divot in a grocery-store parking lot as she stepped down from her truck. The Supreme Court of Texas held the divot was not unreasonably dangerous as a matter of law and ruled for the store. Supreme Court of Texas, United Supermarkets, LLC v. McIntire, No. 21-0208 (June 17, 2022) (per curiam)
- Example (Texas): in deciding whether a condition is unreasonably dangerous, the court considered whether it was clearly marked, its size, whether it had caused earlier injuries or complaints, whether it differed substantially from similar conditions, and whether it was naturally occurring. The court said it made no broad ruling on pavement defects and did not decide whether a larger or differently situated defect could be unreasonably dangerous. Supreme Court of Texas, United Supermarkets, LLC v. McIntire, No. 21-0208 (June 17, 2022) (per curiam)
- Example (Texas): the court said safety codes may be relevant to whether a condition is unreasonably dangerous, but the injured shopper had not shown the codes her expert cited applied to that parking lot. Supreme Court of Texas, United Supermarkets, LLC v. McIntire, No. 21-0208 (June 17, 2022) (per curiam)
- Example (Texas): the Supreme Court of Texas has noted that a property owner could satisfy its duty either by repairing a pothole or by providing an adequate warning sign, because an owner ordinarily need not do both. Supreme Court of Texas, Austin v. Kroger Texas, L.P., No. 14-0216
- Example (Ohio): under the open-and-obvious doctrine, a property owner owes no duty to warn customers of open and obvious dangers. In a 2016 appellate case, a shopper who stepped in a hole in a store's asphalt lot lost because the court found the hole so obvious that customers were reasonably expected to discover it and protect themselves. Ohio Court of Appeals, Third District, Howard v. Meat City, Inc., 2016-Ohio-7989
- Example (Ohio): "attendant circumstances" can create an exception to the open-and-obvious rule, but the Ohio court said they must be unusual circumstances of the property owner's making that significantly increase the danger, not ordinary, regularly encountered conditions. Ohio Court of Appeals, Third District, Howard v. Meat City, Inc., 2016-Ohio-7989
- Example (New Jersey): cases listed in the state's jury charge include a fall over a bumper block in a parking lot and a fall over an unknown object in a supermarket parking lot with inadequate lighting. New Jersey Model Civil Jury Charge 5.20F, Duty Owed - Condition of Premises (rev. 11/2022)
- If a city, county or other public agency owns the lot, special notice rules may apply. Example (New York): for tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises. See the notice-of-claim deadlines by state table. N.Y. Gen. Mun. Law §§ 50-e, 50-i
- Example (California): before suing a government agency, you must first submit a written claim; a claim for personal injury must be submitted within 6 months of the injury. Cal. Gov. Code §§ 905, 911.2, 945.6; Judicial Branch of California Self-Help Guide, "Government claims"
- Your own share of fault matters. Example (Texas): a claimant whose percentage of responsibility is greater than 50% cannot recover; otherwise damages are reduced by the claimant's percentage of responsibility. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
FAQ
Can I sue a store for a pothole or crack in its parking lot?
Possibly, but small defects are often not enough. The Supreme Court of Texas held a roughly 3/4-inch divot was not unreasonably dangerous as a matter of law, noting that small surface defects in pavement are common and that customers know parking lots are not perfectly flat. It did not decide whether a larger or differently situated defect could be dangerous.
What if the hole was easy to see?
In states with an open-and-obvious rule, that can defeat the claim. An Ohio appeals court ruled against a shopper who stepped in a parking-lot hole it found so obvious that customers were expected to see it and protect themselves. Rules differ by state; see the slip-and-fall page for your state.
Does poor lighting in a parking lot matter?
It can. New Jersey's jury charge lists a case involving inadequate lighting in a supermarket parking lot and a case extending a restaurant's duty to adequate lighting for customers walking to its lot.
What if the parking lot belongs to the city or a public agency?
You may have to file a formal notice of claim within a short deadline. In New York, the notice must generally be served within 90 days. See the notice-of-claim deadlines by state table and the sidewalk-fall page for your state.
Can the owner avoid liability by putting up a warning?
Often. The Supreme Court of Texas has said an owner ordinarily satisfies its duty by either making the danger safe or adequately warning of it, and has described a pothole that could have been either repaired or marked with an adequate warning sign.
How long do I have to file a lawsuit for a parking lot fall?
It depends on the state. In Texas, for example, the deadline is two years after the day the cause of action accrues. See the personal injury statute of limitations by state chart.
Related
- Fell Down Stairs on Someone's Property: Who Is Liable?
- Fell at Your Apartment Complex? When the Landlord Is Liable
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Injured Because a Landlord Didn't Make Repairs: Your Rights
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.