Parking Lot Design Flaw Related Injuries

Despite door dings and creased bumpers, most people don’t think of parking lots as especially dangerous places. However, poorly designed parking lots can pose a significant risk of injury to both drivers and pedestrians. These seemingly innocuous spaces can become hazardous environments due to a combination of factors that are often overlooked in parking structure design, maintenance and security.

Most parking lot accidents and injuries are the fault of a single or multiple drivers who were distracted, misjudged spacing, or failed to look around them. However, in some cases these accidents are caused or worsened by poor parking lot design and/or insufficient maintenance on the part of an owner or a business. Some of these injuries – particularly those involving pedestrians – can be severe, even fatal.

How Common Are Parking Lot Injuries?

Parking lots can be surprisingly dangerous for pedestrians and drivers. Data from the National Safety Council (NSC) reported there are approximately 50,000 crashes in parking lots and parking garages annually, resulting in thousands of injuries and hundreds of deaths, mainly to pedestrians. A 2007 National Highway Traffic Safety Administration study found that there were more than 5,000 injuries to pedestrians that year, nearly all as a result of cars pulling into or backing out of parking spots. Some reports suggest that roughly 30% of car collisions with pedestrians occur in parking lots. And, according to the NSC, vehicle impact with pedestrians in parking structures accounts for 9% of all pedestrian deaths. These are alarming statistics.

These figures highlight the significant risk to pedestrians in parking lots, despite the generally lower travel speeds. Even moving at 5-10 miles per hour, a 4000+ pound vehicle can do devastating damage to a person. The danger is often exacerbated by driver distraction, with 66% of drivers admitting to making phone calls while driving through parking lots. Pedestrians, too, may be distracted by their phones, contributing to the risk.

To mitigate these dangers, pedestrians should stay alert, use designated walkways when available, and avoid distractions while walking in parking lots. However, even the most alert pedestrian can be vulnerable to injury when a lot owner or manager fails to implement and maintain sufficient safety protocols.

How Poor Parking Lot Design and Maintenance Can Cause Injury

Poorly designed or maintained commercial parking structures significantly increase the likelihood of pedestrian or driver injury. When the owner or manager of a parking lot or parking garage fails to provide or maintain adequate safety measures, they may be considered partially or wholly liable for a parking lot injury or death.

Pedestrians in particular can be exposed to specific risks in parking lots:

1. Collisions with vehicles: Pedestrian impact with a vehicle is the most significant parking structure risk, usually occurring when drivers are backing out of spaces or navigating tight corners. Again, while this is often the fault of the driver, there may be design or maintenance issues that prevent drivers from being able to see pedestrians, which contributes to the danger of a serious accident.
2. Slip, trip, and fall accidents: Slip, trip and fall accidents can occur due to uneven surfaces, potholes, cracks, debris, inadequate lighting, puddles, snow, and ice. Even improperly designed or placed speed bumps and tire stops can produce tripping hazards. Inclement weather conditions are a contributing factor in about 40% of parking lot slip and fall of cases. Owners/managers should maintain adequate drainage systems to prevent water accumulation and slippery surfaces, particularly in colder climates where water can form ice patches. These incidents often affect the most vulnerable – the elderly, the disabled, and small children – who may have difficulty navigating slick or uneven surfaces. Of course, business owners and lot managers can’t control the weather, but they can be responsible for failing to take precautions to prevent foreseeable accidents.
3. Inadequate infrastructure: A poorly designed parking lot may produce confusion for drivers and pedestrians, and lack designated walkways, crosswalks, or proper signage, such as yield and stop signs, which increases the risk of pedestrian and car accidents. Parking lot design flaws like poorly-placed structural columns, high walls, tight corners or overgrown vegetation may limit visibility, inviting accidents and injuries.
4. Poor security measures: Poor or absent lighting in parking lots can make it difficult for drivers to see pedestrians, especially during evening hours, inviting accident related injuries. In addition, poor lighting and design defects can create isolated areas that foment criminal activities, potentially resulting in assaults against parking lot users. Liability for parking lot injuries may fall upon business owners if they knew their parking lot posed such dangers and did nothing to address them, such as install more lighting, close off secluded areas, or hire security personnel.

What Types of Injuries Happen in Parking Lots?

Parking areas have shown to have a higher-than-average injury rate compared to other environments, making proper parking lot design, maintenance, and security measures paramount to preventing injuries and potential legal liabilities for property owners.

Parking lot design flaws and maintenance issues have been linked to various types of serious injuries, including but not limited to:

– Traumatic brain injuries

– Spinal cord injuries

– Fractures and broken bones

– Severe lacerations and contusions

– Internal injuries

– Death

The complexity of determining fault in parking lot accident cases often makes it challenging for injured parties to obtain compensation, as multiple factors and parties may be involved. This underscores the importance of proper design, maintenance, and safety measures to prevent serious injuries and potential parking lot accident liability claims. Part of ensuring just compensation for your injury is finding a parking lot accident lawyer who specializes in premises liability law, public space safety protocols, and long-term injury compensation. They will have the experience and resources needed to determine who’s at fault, as there may be multiple parties in your claim, including the property owner, the business managing the lot, the negligent motorist, the parking lot design and engineering firm, the parking lot maintenance company, and/or the security company contracted to keep the parking lot safe. A personal injury law firm knowledgeable in parking lot and parking garage accident liability will have a team of professionals that understands how to determine who’s liable for injuries related to the negligence or bad faith actions of parking structure owners and managers.

Are There Lawsuits Related to Parking Lot Design and Safety?

Property owners have a legal duty of care to keep their parking lots safe for visitors. When a parking lot owner or manager knows or should reasonably know the foreseeable risks and fails to address them, any related injury on their property could result in a legal claim. The parking lot design firm, too, may be held legally responsible.

There have been numerous personal injury lawsuits related to poor parking lot design and maintenance. These lawsuits typically fall under premises liability litigation, where property owners and/or managers are held responsible for injuries occurring on their property due to their negligence. Some key points regarding parking lot-related personal injury lawsuits include:

1. Parking lot negligence, neglect and disrepair

• Injuries caused by confusing traffic patterns or inadequate signage resulting in vehicles hitting pedestrians or colliding with other vehicles
• Pedestrian accidents caused by poor lighting or lack of designated walkways
• Slip and fall accidents due to uneven surfaces, potholes, or inadequate snow/ice removal
• Negligent security in structures with a history of criminal activity

2. Serious injury claims

• Soft tissue damage
• Fractures and broken bones
• Concussions and traumatic brain injuries
• Spinal cord injuries
• Crushing injuries

3. Potential damages suffered parking lot accidents

• Medical expenses
• Lost wages
• Pain and suffering
• Permanent disability
• Wrongful death

4. Liability:

Recently, there has been an increasing focus on inadequate security in parking lots as a basis for premises liability claims. When accidents occur due to poor design or lack of maintenance, property owners and managers can be held liable for failing to maintain safe premises. 

Your or a loved one’s parking structure injury could have been due to:

• Inadequate signage or markings – creating driver confusion and misdirection
• Absent or poorly-marked pedestrian pathways – hindering safe passage to and from the destination
• Inadequate lighting – especially during nighttime hours or in covered parking structures, promoting a higher likelihood of vehicle collisions and pedestrian accidents
• Uneven surfaces and pavement issues – triggering trip and fall accidents for pedestrians, or a loss of control for drivers, resulting in collisions with pedestrians or other vehicles

• Weather-related hazards – that were created or ignored by management. Claims include neglecting to take safety measures such as setting out signage, blocking off dangerous area, or having adequate drainage.
• Inadequate security – including insufficient lighting, isolated areas, and limited visibility that can make parking lots attractive to criminals, putting users at risk of theft and assault. If criminal activity has been reported on the premises and no steps have been taken to address safety concerns, the owner or manager of the parking structure may be liable for injuries and losses.

Notable personal injury lawsuits related to poor parking lot design and maintenance include:

1. Annocki v. Peterson Enters., LLC (2014): This California Court of Appeal case involved a wrongful death claim after a motorcyclist collided with a car exiting a restaurant parking lot. The plaintiff argued that the condition of the parking lot exposed people to an unreasonable risk of injury offsite. Initially, the trial court dismissed the plaintiff’s complaint. However, the appellate court reversed the decision, and allowed the claim to proceed, ruling that there was a question of fact as to whether the restaurant owed a duty to warn patrons about safe exit routes due to the parking lot’s flawed design.

The lawsuit alleged that:

• The restaurant’s parking lot and driveway were designed in a way that created decreased visibility for patrons exiting onto the highway.
• The restaurant failed to post any signage notifying patrons of the safest exit route.
• Parking lot attendants were not instructed to provide guidance on safe exiting.

This case highlights how poor parking lot design, particularly regarding visibility and lack of proper signage, can lead to serious accidents and potential liability for property owners. It demonstrates that businesses may have a duty to warn patrons of potential dangers, even when those dangers extend beyond the immediate boundaries of their property.

1. In a 2024 case against 7-Eleven, a $91 million settlement was reached after a pedestrian was struck by a vehicle in a parking lot lacking safety bollards, which are the cement barriers that keep vehicles from hitting a building, other cars or pedestrians. The plaintiff in this case was standing in front of the store when a driver accidently jumped the curb and pinned the man to the wall, crushing both of his legs. The plaintiff’s injuries were so severe that both his legs had to be amputated. The driver of the car was uninsured at the time. However, the man’s attorneys discovered that, on average, storefront crashes occurred at 7-Eleven locations more than 1.3 times per day over a 15-year period. This was a shocking discovery. It was clear that 7-Eleven knew of the hazardous conditions present due to their parking lot safety lapses, and did little or nothing to correct them. Why would a company fail to implement a parking lot safety feature as easy and inexpensive as a concrete bollard? The Illinois jury gave 7-Eleven $91,000,000 worth of reasons to think about it.

This case highlights the culpability of a business that fails to employ reasonable safety measures, particularly after it has earned a history of parking lot injury complaints and legal filings. 

Because of these cases and others, there has been an increasing focus on inadequate security measures in parking lots as a basis for premises liability lawsuits. Courts are now more likely to consider foreseeability of harm and specific circumstances when evaluating claims related to parking lot design and safety.

I Was Seriously Injured in a Parking Lot Accident. What Do I Do Now?

In those sudden, jarring moments when an unexpected injury occurs in a parking lot, the emotional and physical vulnerability can be overwhelming. Whether you’ve been involved in a collision, slipped on an icy patch, or tripped over an uneven surface, the shock and pain can be profound. The trauma may have impacted not only your body, but also your sense of personal safety. It’s important to remember that in these vulnerable moments, you are not alone.

Compassionate self-care is crucial: seek medical attention when needed, allow yourself to process the emotional impact, and know that healing – both physical and emotional – is a journey that unfolds with patience and support from those around you. Your resilience in facing such this unexpected challenge is a testament to your strength.

If you decide to reach out to an accident injury attorney that specializes in premises liability claims, make sure it is someone who understands parking lot safety laws. The right accident injury lawyer will work tirelessly to gain fair compensation for your injury, rehabilitation, lost wages and other costs.

AutoAccident.com for Parking Lot Accident Injury Representation

If you or a loved one was seriously injured due to a parking lot’s faulty design, poor upkeep, dangerous conditions, or lack of adequate safety features, the law firm of AutoAccident.com is here to help. Our legal team understands the specific risks associated with bad parking lot design and insufficient safety strategies.

As personal injury attorneys familiar with parking lot injury litigation, we recognize the complexities involved in these cases. The interplay of design flaws, maintenance issues, and user behavior creates a challenging legal landscape, but we have the experience and resources needed to thoroughly investigate all aspects of the lot’s design and maintenance history to build a strong case for negligence where applicable.

We will work diligently to secure fair compensation for your pain, suffering, lost wages and other damages. While most accident injury claims are settled out of court, we are always prepared to go to trial if those responsible for your injuries want to low-ball or deny your claim. Our goal is to ensure you are fully compensated for your injuries now and going forward – as well as encourage property owners to prioritize safety in their parking lot designs and management practices. By doing so, we can work towards reducing the alarming statistics of parking lot accidents and create safer community spaces for everyone.

Located in California with a legal reach than spans all fifty states, the injury law firm of AutoAccident.com is a trusted leader in accident injury litigation, with 10.0 ratings by Avvo and Justia, 5-star ratings on Yelp and Google, and membership in the Million Dollar Forum and the National Association of Distinguished Counsel.

Call us now at 916.921.6400 or toll-free at 800.404.5400 for free or contact us for, friendly advice.