Visitor Question

Hit a stone divider in a parking lot…

Submitted By: Pavel (PA)

Recently I had an accident where I hit a stone divider in a parking lot. It was a small fenced lot, without any lights or signs. As soon as I passed a gate and made left turn, I hit the divider. The divider was not properly marked, with no warning or reflector on it. I crushed my car badly.

I called the security of the company whose parking lot I was in, and I called the police station. I also made a claim to my own insurance company. My question is, can I sue the company who owned the parking lot for my property damage and bodily injuries arising from that accident? What do I have to do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Pavel,

A person can sue anyone, at anytime, and just about anywhere. That doesn’t mean the person will ultimately prevail.

In your case, it appears the concrete abutment was in the parking lot for some time. Your facts don’t mention whether you struck a concrete abutment normally placed in front of parking spaces. While you don’t refer to that, we will presume that is the type of concrete abutment you are speaking of.

With that said, it is reasonable to presume persons driving in parking lots should know concrete abutments exist, and a result, drivers should be careful when driving.

In your case, even if it was dark and the abutment wasn’t clearly visible, you will have a difficult time proving a case of negligence.

In the alternative, if the abutment was not placed in an area which is customary, and there were no lights to illuminate the abutment, you may have a legitimate case against the parking lot owner for negligence.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 6, 2014

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