QUESTION
If I tripped and fell in a convenience store parking lot, are they liable?
Asked on Jul 29th, 2013 on Personal Injury - Alabama
More details to this question:
A month ago I tripped over a parking block at a convenience store. I thought it was just a sprain, but I broke my long bone from the ankle to the metatarsal, but I didn't report it. I do have witnesses, do I still have a personal injury claim?
13 ANSWERS
You may have what is called a “slip and fall” case. Much will depend on the condition of the parking lot, the condition of the parking block, and what your witnesses observed. You should probably consult with a personal injury attorney as to the exact details involved in this matter and to see if it worthwhile pursuing this matter. Despite what TV and talking heads say, not every injury is compensable and not every case is frivolous. You should contact an attorney sooner rather than later as the condition of the parking lot may change and witnesses become unavailable. You normally have three years from the date of a personal injury to file suit. Good Luck!
Answered on Mar 19th, 2017 at 5:52 AM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
Sorry to say probably not: test is whether the block you tripped over was somehow a concealed hazard. If it was open and obvious, no liability.
Answered on Aug 02nd, 2013 at 9:16 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Probably not in Michigan. Even though premises owners have a general duty to maintain a safe premises, a properly placed parking block would not likely be found to be a defect on the property. Further, in Michigan the open and obvious doctrine indicates that any casually observable condition will take away any liability of the owner/possessor of the premises as they have no duty to warn of/fix any open & obvious conditions (the Michigan courts say you should've seen and avoided the condition).
Answered on Aug 02nd, 2013 at 9:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You really do need to consult with a personal injury lawyer, and bring with you pictures of whatever you tripped over just because you have an injury on someone's property does not make them responsible they have to be negligent.
Answered on Aug 02nd, 2013 at 9:16 PM
If the parking block is what I think it is, a tire stop, it's in plain sight so you are the one at fault, not the convenience store. I would never take this case because what is in plain sight is what they call open and obvious and that is a defense.
Answered on Aug 02nd, 2013 at 9:16 PM
Ronald A. Steinberg
it depends on a number of things. 1) Did the property owner cause the problem? 2) Did the property owner witness the problem? 3) Did someone report the problem to the property owner? 4) If none of the above 3 can be proven, did the problem exist for an unreasonably long period of time before the accident? 5) Whether any of the above 4 can be proven, was the problem visible so that the victim could have avoided encountering the problem? 6) If the victim could have easily avoided the problem by merely paying attention to where they were going, then the probably is no case. Note- just because someone gets hurt on someone else's property does not mean that they are entitled to any recovery. The victim must be able to prove that the fault, if any, of the property owner was a proximate cause of the injuries.
Answered on Aug 02nd, 2013 at 9:16 PM
Yes. You usually have two years to sue. Many firms, including mine, will consult with you for free about your case. scribe.
Answered on Aug 02nd, 2013 at 9:16 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Anyone can make a claim under these circumstances, however, you cannot win a case like this unless some very specific circumstances are present. A "parking block" is usually fixed to the pavement and is considered an open and obvious "condition" of the property. If you fail to see it and avoid it, it's usually your own fault. The property owner will not be found liable unless the parking lot is found to be a dangerous condition which the owner knew of, or should have known of, and the owner either failed to make it safe or at least post a warning.
Answered on Aug 02nd, 2013 at 9:16 PM
James Eugene Hasser
You have 2 years to sue, but you have to prove that the store was liable somehow. Just because you get hurt on someone's property, doesn't necessarily make them liable.
Answered on Aug 02nd, 2013 at 9:16 PM
Thomas Edward Gates
You do have a personal injury claim, however, since you did not report it you can expect some push back. Also, you could be partially at fault for not seeing parking block this is called contributory negligence. Also, you did not use the normal path of egress and ingress.
Answered on Aug 02nd, 2013 at 9:16 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Whether the convenience store or the owner of the property is liable to you for your injuries depends upon what caused you to fall. Without this information, I am unable to provide a better answer.
Answered on Aug 02nd, 2013 at 9:16 PM
4 Awards
You may have a claim depending on all of the circumstances. These cases are very fact specific.
Answered on Aug 02nd, 2013 at 9:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault
Answered on Aug 02nd, 2013 at 9:16 PM