Parking lots present numerous slip, trip, and fall hazards that property owners must address. From potholes and cracked pavement to ice accumulation and poor lighting, parking lot hazards cause thousands of injuries annually.
Common Parking Lot Hazards
Surface defects including potholes, cracked pavement, crumbling asphalt, and uneven surfaces create trip hazards. Water pooling often indicates underlying surface problems.
Ice and snow accumulation makes parking lots treacherous in winter. Large surface areas make complete clearing challenging, but owners must make reasonable efforts.
Oil and fluid spills from parked vehicles create slippery patches that may not be immediately visible.
Poor lighting prevents pedestrians from seeing hazards, especially at night. Inadequate lighting also increases crime risks.
Curbs and wheel stops that are damaged, improperly placed, or poorly visible create trip hazards.
Property Owner Duties
Parking lot owners must maintain surfaces in reasonably safe condition. Regular inspection should identify developing hazards before they cause injuries. Reasonable maintenance includes prompt pothole repair, crack sealing, adequate lighting, regular cleaning for debris and spills, and winter weather response.
Retail and Commercial Parking Lots
Business operators owe customers duties to maintain safe parking. Customers injured in store parking lots can pursue claims against the business regardless of whether the business owns or leases the property.
Large retailers with extensive parking often contract with property management companies. Both the business and management company may bear liability.
Apartment Complex Parking
Landlords must maintain safe parking areas for tenants and their guests. Tenants injured in poorly maintained parking lots have premises liability claims against landlords.
Lease terms may address parking maintenance, but landlords cannot disclaim all responsibility for dangerous conditions.
Municipal Parking Lots
Government-owned parking lots (city lots, meter areas) raise sovereign immunity issues. Claims against municipalities require compliance with government tort claim procedures, including short notice deadlines.
Many municipalities have waived immunity for premises liability claims, but procedures still differ from private property claims.
Winter Weather Considerations
Parking lots are challenging to maintain in winter. Reasonable efforts to address ice and snow include plowing, salting, and sanding. The natural accumulation rule may limit liability in some jurisdictions, but most expect property owners to make reasonable efforts at ice control.
Documentation of weather conditions, when precipitation ended, and what maintenance was performed helps establish whether the owner acted reasonably.
Lighting Requirements
Adequate lighting serves both safety and security functions. Parking lots should be lit sufficiently for pedestrians to see walking surfaces and potential hazards. Building codes and industry standards provide guidance on appropriate lighting levels.
Poor lighting that prevented you from seeing a hazard supports negligence claims.
Evidence in Parking Lot Cases
Document the hazard immediately if possible. Photograph surface defects, lighting conditions, and the specific location. Note the date, time, and weather conditions. Parking lot conditions may change quickly—potholes get filled, ice melts—so immediate documentation is essential.
Identify any surveillance cameras that may have captured the area. Determine who owns and maintains the parking lot.
Pursuing Your Claim
Parking lot ownership and maintenance can involve multiple parties—property owners, businesses, management companies, and maintenance contractors. Identifying responsible parties requires investigation.
A premises liability attorney can determine who is responsible, preserve evidence before conditions change, and pursue claims against appropriate defendants.