Commercial parking lots pose a number of hazards for drivers and pedestrians alike. If you've fallen in a parking lot as a result of a dangerous property condition—whether the accumulation of ice or snow, the presence of some object that shouldn't be there, or an unsafe pavement condition—it's probably not obvious who owns the parking lot (or who is responsible for maintaining it). That's an important consideration if you're thinking about filing a slip and fall claim over your injuries, so let's take a closer look at how to figure it out who is legally responsible for the condition of the parking lot, and why it matters. (For details on a related issue, learn more about parking lot car accidents.)
Parking Lots and Premises Liability
In most cases, the owner of the parking lot is responsible for maintaining it in a condition that is reasonably safe for vehicular and pedestrian travel, and this is usually the same entity that will be liable for any injuries suffered on the property, based on a long-established legal principle known as "premises liability."
In the typical case of a store or mall parking lot, ownership of the lot can usually be determined by contacting the management or leasing company that is responsible for the property. While the lot's owner is ultimately responsible for injuries caused by inadequate maintenance or a defective and dangerous condition, the owner may have agreements with others, such as a management company, under which the management company has assumed liability for these types of claims. Under these circumstances, you may be able to file a personal injury lawsuit against both the lot owner and the management company (and let them sort out liability between themselves).
If you have difficulty finding out who owns the parking lot—which is not uncommon given the complex structuring of real estate development projects that often involve multiple related entities—you can also determine ownership by examining the real property records for the municipality in which the lot is located. As long as you know the property address, you should be able to find out who owns the lot through a search of public records.
While you can certainly conduct all of this research and investigation on your own, it may be a good idea to discuss your situation with an experienced personal injury attorney, especially if your injuries are significant. An attorney will have the expertise to determine who might be liable for your accident, and can devise the right strategy for getting the best outcome for your case.
Was the Parking Lot Hazard "Open and Obvious"?
It's important to note that many jurisdictions have an "open and obvious" exception to the property owner's liability. In general, this kind of rule protects the property owner (or the maintenance company) from claims arising from certain conditions that would be readily observable and avoidable by a reasonable person exercising ordinary care for their own safety. The best example here is probably the accumulation of snow and ice in a part of the country where this kind of weather is common.
If you can show that the condition that caused your fall was not open and obvious, you may have a valid premises liability claim against the property owner/maintainer if you can show that the condition existed long enough prior to your fall that the owner/maintainer should have:
- discovered the hazard, and
- taken reasonable steps to fix it (or at least to warn visitors of the hazard through the use of cones and signage).
Strengthening Your Parking Lot Slip and Fall Claim
It's important to do everything you can to document your fall and your potential claim with photos of the condition that caused your accident, photos of your injuries, and preservation of anything else that might be relevant. (Learn more about what to do after an accident or injury.)
You should also make a report of the fall and your perceived injuries to the person in charge of the business whose lot you were using. If you are injured too severely to do this, and you require immediate medical attention, you should have a friend or relative make this report on your behalf as soon as possible. Learn more about why it's important to report a slip and fall ASAP.