A broken curb, a pothole, a wheel stop you couldn’t see in the dark. Parking lot falls happen in a split second, but the injuries can mean surgery, months off work and medical bills that keep coming.
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*Past results do not guarantee a similar outcome.
Florida property owners and businesses have a duty to keep their parking lots reasonably safe for customers and visitors. When they don’t, Aronfeld Trial Lawyers helps injured people hold them accountable.
The owner of the property, the business that leases it, a property management company or a contractor hired to maintain the lot may all have a role. Responsibility depends on who controlled the area and who knew, or should have known, about the hazard.
Under Florida law, an injured visitor generally needs to show that the property owner had actual or constructive knowledge of the dangerous condition: they knew about it, or it existed long enough, or happened often enough, that they should have found and fixed it.
The strongest parking lot cases are built on proof of what the hazard looked like and how long it was there:
Important: photograph the scene before you leave if you can. Hazards are often repaired, repainted or cleaned soon after a fall.
A fall onto asphalt or concrete is unforgiving. Injuries we see in parking lot cases include:
Some injuries, like concussions and soft-tissue tears, are not obvious right away. Get checked out by a doctor even if you feel okay at the scene.
Property owners and their insurers often argue that a hazard was “open and obvious” or that the injured person should have been watching where they were walking. Under Florida’s comparative fault rules, a person found more than 50% at fault for their own injuries generally cannot recover damages, so how the fall happened matters.
Florida also shortened the deadline for most negligence lawsuits to two years. Waiting can mean lost evidence and a lost claim.
Aronfeld Trial Lawyers has represented injured people in Florida for more than 30 years. See all personal injury practice areas.
We move quickly to preserve surveillance video, request maintenance and incident records and document the condition of the lot before it changes. We identify everyone who may be responsible, including owners, tenants, managers and contractors.
Depending on the facts, compensation may include medical expenses, lost wages, pain and suffering and other damages. Every case is different, and past results do not guarantee a similar outcome. Learn more about premises liability and our other practice areas.
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Call 866-597-4529Send us a messagePossibly. Wheel stops placed in walking paths, painted the same color as the pavement or poorly lit can be unreasonably dangerous. Whether you have a case depends on the location, visibility and what the property owner knew.
It depends on who controlled and maintained the parking lot. Leases often split those duties, and more than one party may be responsible.
Florida uses a modified comparative fault system. If you are found 50% or less at fault, your recovery is reduced by your share of fault. If you are found more than 50% at fault, you generally cannot recover.
For most negligence claims in Florida, the deadline to file a lawsuit is two years from the date of the injury. Some claims have shorter notice requirements, so contact a lawyer as soon as possible.
Tell us what happened. The consultation is free, and you pay nothing unless we recover for you — no attorney’s fees and no costs.
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