Parking lots may seem like relatively safe places, but they are common sites of serious injuries—especially when property owners fail to maintain them properly. From uneven pavement to poor lighting, the hazards that lead to a fall can often be traced back to negligence. If you’ve slipped, tripped, or stumbled in a business’s parking lot and suffered injuries, you may be wondering whether legal action is an option.
The answer depends on several factors, including the condition of the property, the business’s knowledge of the hazard, and how the accident occurred. In many cases, injured individuals do have the right to pursue compensation. When searching for the best personal injury law firm in Columbia, SC, many clients confidently choose the Marc Brown Law Firm for their personalized attention, strong results, and deep knowledge of premises liability law.
Contents
Understanding Premises Liability
Premises liability is the legal concept that holds property owners responsible for maintaining safe conditions for visitors. Businesses are expected to routinely inspect and repair hazards in areas accessible to the public, including parking lots. When they fail to do so and someone is injured as a result, the business can be held liable.
This duty includes fixing known problems such as potholes, cracks, or broken curbs and taking reasonable steps to address new issues promptly. If a dangerous condition exists and the property owner knew—or should have known—about it, they may be considered negligent under the law.
Common Hazards That Lead to Parking Lot Falls
While a fall may seem like an isolated incident, many parking lot injuries are entirely preventable. Common hazards include:
- Cracked or uneven pavement
- Potholes or sinkholes
- Accumulated water, ice, or oil spills
- Loose gravel or debris
- Inadequate lighting that limits visibility
- Missing or broken handrails on nearby ramps or stairs
If any of these conditions contributed to your fall, it’s important to document them quickly. Take photos, gather witness statements, and seek medical attention as soon as possible. This evidence becomes crucial if you decide to pursue a claim.
What You Must Prove to Succeed in a Claim
To successfully sue a business for a fall in their parking lot, you must demonstrate that:
- The business owed you a duty of care
- They breached that duty through negligence or inaction
- That breach directly caused your injuries
- You suffered measurable damages such as medical bills, lost income, or pain and suffering
For example, if a store’s outdoor security cameras show that employees walked past a growing crack in the pavement for weeks without addressing it, that can be compelling evidence of negligence.
Comparative Fault and How It Affects Your Case
South Carolina follows a modified comparative negligence rule. This means that if you are partially responsible for your fall—for example, if you were texting while walking—you can still recover compensation as long as you are not more than 50% at fault. However, your total recovery may be reduced based on your percentage of responsibility.
This makes the accuracy of your claim—and the evidence supporting it—even more important. Clear documentation and legal guidance can help ensure your actions are viewed fairly in comparison to the business’s negligence.
The Role of Insurance and Settlement Negotiations
Many parking lot fall claims are initially handled through the business’s liability insurance provider. However, insurance companies often attempt to minimize payouts or deny claims altogether. They may argue that the hazard was open and obvious, that you were distracted, or that your injuries are exaggerated.
