A quick trip to the grocery store or a bank shouldn’t end in an emergency room visit. Yet, for thousands of people every year, a simple walk from their car to a building entrance leads to traumatic injuries.
Slip and fall accidents in parking lots are some of the most common causes of premises liability claims, often resulting in serious injuries like broken hips, traumatic brain injuries, and spinal damage. According to the National Safety Council, falls are a leading cause of preventable injury-related death, and many of these occur on surfaces that should have been safe.
If you have been injured after falling in a parking lot, you likely have questions about who is to blame and how to pay for your recovery. This blog will help you understand your rights and how to move forward.
Key Takeaways of Parking Lot Slip & Fall Accidents
- Slip and falls in parking lots are often caused by preventable hazards, such as potholes, poor lighting, ice and snow, oil spills, debris, and poorly marked wheel stops.
- Property owners and managers have a legal duty to keep parking lots reasonably safe under premises liability laws.
- Liability depends on negligence, meaning the owner knew or should have known about the hazard and failed to fix it.
- More than one party may be responsible, including property owners, business tenants, maintenance companies, or government entities.
- Strong evidence is critical after a fall, including photos of the hazard, incident reports, witness information, and prompt medical documentation.
Common Causes of Slip and Fall Accidents in Parking Lots
Insurance adjusters often try to make victims feel like their fall was a result of their own clumsiness. Do not let them control the narrative. In many cases, falls happen because of specific, preventable hazards that property owners ignored.
Common causes of slip and fall accidents in parking lots include:
- Potholes and Cracks: When owners ignore maintenance, small cracks or holes, they become large holes that you can easily trip over.
- Wheel Stops: Concrete wheel stops are frequently poorly lit, unpainted, or broken. This turns these should-be safety precautions into invisible tripping hazards, especially at night.
- Inadequate Lighting: When lighting is poor or bulbs are burned out, it can be easy to trip over debris, uneven levels, and other obstacles.
- Ice and Snow: In winter, the risk of falling in a parking lot skyrockets. Property owners have a duty to clear snow and treat ice within a reasonable timeframe.
- Oil and Debris: Leaking vehicles or accumulated trash can make surfaces slick and unpredictable.
Related: How to Spot Black Ice on Roads
Who is Responsible if I Fall in a Parking Lot?
One of the most confusing aspects of these cases is determining exactly who is responsible if you fall in a parking lot. Unlike a private driveway, a commercial parking lot often has multiple responsible parties.
Liability generally falls under the legal concept of premises liability. This means property owners (or those managing the property) have a legal duty to maintain a reasonably safe environment for visitors.
To win a case, you generally must prove negligence, which involves showing:
- Duty of Care: The owner owed you a duty to keep the area safe.
- Breach: The owner knew (or should have known) about the hazard and failed to fix it.
- Causation: That specific hazard caused your fall.
- Damages: You suffered actual injuries and financial loss.
Potential Responsible Parties for Parking Lot Slip & Falls
Responsibility isn’t always straightforward. It could lie with:
- The Property Owner: The company or individual who owns the land.
- The Business Tenant: The store, restaurant, or office leasing the space.
- Maintenance Companies: Third-party contractors hired to plow snow or repair pavement.
- Government Entities: If the lot is owned by a city or municipality.
Learn More: How to Sue an Apartment Complex for Negligence
Can You Sue for Slipping on Ice in a Parking Lot?
The short answer is yes, but it depends on the specific laws of your state regarding “natural accumulation.” Winter weather complicates liability, but it does not absolve property owners of negligence.
Generally, property owners must act reasonably. If they let ice build up for days, fail to salt walkways, or create unnatural hazards (like a gutter draining onto a sidewalk and freezing), they can be held liable.
Important Note: Clearing ice immediately after it forms is not always feasible, especially during an active storm. Property owners are typically granted a reasonable amount of time to address hazardous conditions once the weather subsides. If there is ongoing snowfall or freezing rain, they may not be held liable for slips and falls, as it can be challenging to keep areas completely clear and safe during severe weather events.
Protecting Your Future: Evidence Collection
Building a strong case starts the moment the accident happens. Here is what you should do after being injured in a slip and fall accident in a business parking lot:
- Take Photos: Photograph the hazard (ice, pothole, etc.) from multiple angles. Use a reference object (like a key or coin) to show the size of a crack or hole.
- Report the Incident: Notify the property manager or business owner immediately. Ensure an incident report is created, but be careful what you say, stick to the facts, and do not apologize or admit fault.
- Get Witness Details: If anyone saw you fall, get their name and phone number. Their testimony can be the difference between winning and losing.
- Preserve Clothing: If you slipped on oil or a hidden substance, your shoes and clothes are evidence. Do not wash them.
- Seek Medical Attention: Go to the doctor or hospital immediately. You need an official medical record linking your injuries to the fall.
- Contact a Lawyer: Reach out to a slip and fall lawyer as quickly as possible. They can guide you through the legal process, protect your rights, and help you build a strong case.
How a Slip & Fall Accident Lawyer Can Help You
Premises liability cases are notoriously difficult to fight by yourself. Insurance companies for commercial properties are aggressive. They will argue that the hazard was “open and obvious,” meaning you should have seen it, or they will claim you were distracted by your phone.
We understand how emotionally exhausting and financially burdening it can be to fight these battles while trying to heal. An experienced attorney can:
- Demand Surveillance Footage: Stores often delete security footage quickly. A lawyer can send a “preservation letter” to ensure this vital evidence is saved.
- Investigate Maintenance Records: We can find out if the owner had previous complaints about the same pothole or if they fired their snow removal company to save money.
- Calculate True Damages: We fight for more than just medical bills; we fight for lost wages, pain and suffering, and future rehabilitation costs.
Parking Lot Slip & Fall Accident FAQs
What if I was partially at fault?
If you were partially at fault, you may still be able to recover damages, but the compensation could be reduced based on your level of responsibility. For instance, if you were found to be 30% at-fault, you would receive 70% of the settlement. State laws are different. Here are comparative laws broken down.
What if I fell on ice?
If you fell on ice, liability may fall on the property owner if they failed to clear the hazard within a reasonable time.
What injuries are common?
Common injuries include fractures, sprains, head injuries, and back injuries, depending on how you fell.
Get the Recovery You Deserve
You shouldn’t have to pay the price for someone else’s negligence. If you have been wrongfully injured, our team is equipped to fight for your needs.
At DM Injury Law, we have a proven track record of success, with over $1 billion dollars won for our clients. When you hire us, you get a dedicated team of attorneys and support staff to help you with every aspect of your case, allowing you to focus on your physical recovery while we focus on your financial recovery.
We offer free consultations and operate on a contingency basis, meaning there is no fee unless we win. Do not let a property owner’s carelessness derail your life.
We have offices all over the Midwest and are ready to help you with your slip and fall accident claim. Contact us for a free consultation or call us at 816-203-3580 to discuss your legal options.
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