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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Is a Store Liable for Parking Lot Potholes

    I was leaving a store while carrying some large boxes that impeded my complete view of the ground. As I got near my car, my foot went into a pothole. My foot twisted and I fell, severely spraining my ankle and suffering abrasions.

    Is the store liable for my fall?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is a Store Liable for Parking Lot Potholes

    The specifics of trip-and-fall liability vary by state. In broad terms, if you could reasonably observe the condition of the pavement, the premises owner likely has a defense to your injury based upon the condition's being 'open and obvious' and your basic obligation to exercise due care by watching where you are going.

    Beyond that, if this is a strip mall or similar arrangement with a shared parking lot, the entity responsible for the conditions in the parking lot may be the premises owner instead of the store itself.

    You can consult a personal injury lawyer with the details of your case or, if you want to try to settle a claim yourself, you can try contacting the store to see if you can make a claim with its (or its landlord's) insurance adjuster.

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