When Is a Property Owner Liable for a Parking Lot Fall?

In California, a property owner or occupier (such as a manager or tenant) can be held liable for a slip and fall under certain conditions. Under California law, property owners must use “ordinary care” in managing their property to avoid creating an unreasonable risk of harm to others. It’s not always easy to prove that an owner or operator didn’t exercise ordinary care, and different rules apply when the property is state-owned, so it’s always a good idea to talk with a Victorville, CA premises liability lawyer quickly to assess your case.

Key Conditions for Liability

A property owner is generally liable if they were negligent. To prove negligence, you have to show they had a duty of care to maintain the parking lot in a safe condition for visitors, that a hazardous condition existed that rendered the parking lot unsafe, that the owner either knew of this unsafe condition or should have known of it, and that, but for the inaction of the owner or occupier, the fall would not have happened. It’s important to realize that just because you have fallen in a parking lot does not automatically make the owner liable. You must prove negligence to win the case.

When an Owner Isn’t Liable & Common Defenses

You can expect a property owner to argue they are not liable in most of these cases, and there are some defenses they are likely to use. One of the most common is “Open and Obvious Hazard.” The argument here is that the danger was clearly visible and easily avoidable. If an owner had marked off a danger, such as a pothole, with bright markings or with cones, for example, then you probably don’t have a case.Another common defense is comparative negligence, where the parking lot owner argues that the injured person was at least partly at fault. If you were distracted by your phone or not watching where you were going, this may make you partially liable. Under California law, you can still bring a claim, but your damages will be reduced by the same percentage as your liability. 

Who Can Be Held Liable?

Most commonly, the property owner is liable. This is usually the landlord who is responsible for common areas, such as parking lots. However, in some situations, a property manager or the owner of a business controls and maintains the lot, even if they are not technically the owner of the property.

Tenants can sometimes be responsible, and in two ways. If their lease specifies that the parking lot is their maintenance requirement, then they are liable for hazards within it. But even if they’re not, if they created the hazard, they may still be liable. A government entity can also be liable if the property is state-owned, but with state-owned parking lots, you have to act quickly, and there are limits to what you can recover.

Talk to a Victorville, CA Premises Liability Lawyer Now

The more quickly you act, the easier it is to gather evidence and build a strong claim. Contact us today at the Law Offices of Vondra & Hanna in Victorville for a free consultation.

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