You’re walking through a San Diego store parking lot. Maybe it’s Costco. Or Target. Or the local grocery store.
Suddenly, you trip. A pothole you didn’t see. Or maybe a car backs into you. Or you slip on spilled liquid no one cleaned up.
Now you’re hurt. Medical bills are piling up. You missed work. And you’re wondering: who’s responsible for this?
The answer depends on what caused your injury. Multiple parties could be liable.
Parking lots are more dangerous than most people realize. According to the National Safety Council, thousands of preventable injuries occur in parking lots every year.
Common hazards include:
Trip and Fall Accidents
Tripping hazards include:
Vehicle-Pedestrian Accidents
Drivers cause injuries by:
Assault and Criminal Activity
Inadequate security in poorly lit parking lots can lead to:
Determining who pays for your injuries requires identifying who was negligent. California law recognizes several potentially liable parties.
The Property Owner
Property owners have a legal duty to maintain safe premises. This duty comes from California Civil Code Section 1714, which states everyone is responsible for injuries caused by their lack of ordinary care.
Store and business parking lot owners must:
If the owner knew or should have known about a dangerous condition and failed to fix it, they’re liable for resulting injuries.
The Business Tenant
Sometimes the business renting the property has responsibility for parking lot maintenance. Lease agreements often specify who handles what.
If the business controls the parking lot, they may be liable even if they don’t own the property.
Property Management Companies
Many commercial properties hire management companies to handle maintenance. If the management company was responsible for parking lot upkeep and failed to perform their duties, they may share liability.
Negligent Drivers
If a vehicle hit you in the parking lot, the driver may be liable. This includes:
According to California Vehicle Code, drivers must exercise due care for pedestrian safety.
Contractors and Maintenance Companies
If your injury resulted from faulty repairs or dangerous conditions created during maintenance, the contractor may be liable.
To recover compensation, you must prove the property owner or responsible party was negligent. This requires establishing four elements:
1. Duty of Care
The property owner owed you a legal duty to maintain safe conditions.
2. Breach of Duty
The owner failed to meet this duty by allowing a dangerous condition to exist.
3. Causation
The dangerous condition directly caused your injury.
4. Damages
You suffered actual harm (medical expenses, lost wages, pain and suffering).
Evidence is critical. You need to show:
If someone’s negligence caused your parking lot injury, California law entitles you to full compensation for all damages.
Economic Damages:
Non-Economic Damages:
Your compensation should cover everything this injury cost you, both now and in the future.
What if you share some blame for your parking lot injury? Maybe you were texting while walking. Or you ignored a warning sign.
California uses pure comparative negligence. Even if you were partly at fault, you can still recover damages.
Your compensation gets reduced by your percentage of fault. If you’re found 20% responsible and your damages total $100,000, you’d receive $80,000.
Don’t let property owners claim you’re fully at fault. An experienced attorney fights to minimize your fault percentage and maximize your recovery.
What you do immediately after getting injured affects your ability to recover compensation.
1. Get Medical Help
Call 911 if injuries are serious. Otherwise, see a doctor the same day. Don’t delay treatment. Insurance companies use delayed medical care to argue your injuries aren’t serious.
2. Report the Incident
Tell store management or security about your injury. Get a copy of the incident report. This creates an official record.
3. Document Everything
Take photos of:
4. Gather Witness Information
Other customers or employees may have seen what happened. Get their names and contact information.
5. Preserve Evidence
Keep the clothes and shoes you were wearing. Don’t repair or throw away anything related to the incident.
6. Don’t Give Statements
Property owners and their insurers will ask for recorded statements. Politely decline until you’ve consulted an attorney.
7. Contact a Premises Liability Lawyer
The sooner you hire legal representation, the sooner your attorney can investigate and preserve evidence.
Every case is different. Settlement values depend on:
Minor injuries with quick recoveries may settle for thousands. Serious injuries causing permanent disability can be worth hundreds of thousands or millions.
Don’t accept the insurance company’s first valuation. Let an experienced attorney calculate your claim’s true worth.
Big box stores and chain retailers have significant resources and experienced legal teams. They’re used to fighting injury claims.
You need an attorney who isn’t intimidated by corporate defendants. Someone who’s successfully handled cases against major retailers before.
At DP Injury Attorneys, we’ve gone up against large corporations and won. We know their tactics. We’re not afraid to take them to trial when necessary.
Sometimes parking lot injuries result from criminal activity. If poor security contributed to your injury through assault or robbery, the property owner may be liable.
California law requires property owners to provide reasonable security in high-crime areas. This includes:
If the owner knew their parking lot had a crime problem but failed to increase security, they may be liable for resulting injuries.
Getting hurt in a parking lot because someone else was negligent isn’t your fault. You were just trying to shop or go about your day.
Now you’re dealing with medical bills, lost work, and pain. The property owner’s insurance company is focused on protecting their bottom line, not your wellbeing.
You deserve compensation for your injuries. You deserve someone fighting for your rights.
Contact DP Injury Attorneys today for a free consultation. Call or reach out online. We handle parking lot injury cases throughout San Diego. No fees unless we win your case.
We’ve helped countless clients recover compensation after parking lot injuries. Let us fight for you.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
