Are Business Owners Liable for Parking Lot Potholes?

Are Business Owners Liable for Parking Lot Potholes?

If you’re wondering, are business owners liable for parking lot potholes when accidents happen, the answer depends on whether the owner or manager failed to maintain the property safely. Here are the key points:

• Duty of Care: Business owners must maintain parking lots in a reasonably safe condition.
• Inspections Required: Regular checks should identify dangerous potholes before accidents happen.
• Failure to Repair: If hazards are ignored or left unmarked, liability may apply.
• Injury or Damage: Victims may pursue claims for medical bills, lost wages, or vehicle repairs.
• Exceptions: Public streets fall under government responsibility, not private businesses.

In short, business owners can be liable for parking lot potholes if they fail to inspect, repair, or warn about dangerous conditions that cause injury or damage.

Potholes are a universal nuisance, especially for drivers. Across the U.S., some cities even mark an unofficial National Pothole Day each January and launch repair campaigns like Potholepalooza to fill as many holes as possible.

Despite these efforts, the American Automobile Association (AAA) estimates pothole damage costs U.S. drivers $3 billion annually in blown tires, bent rims, and suspension repairs. Crashes and fatalities have also been linked to drivers swerving or braking to avoid holes. For more on preventing roadway hazards, see the National Highway Traffic Safety Administration’s Road Safety resources.

Potholes don’t just threaten public roads. Parking lots owned by private businesses develop the same cracks and voids, creating risks for cars, pedestrians, cyclists, and motorcyclists. That’s why the question “are business owners liable for parking lot potholes?” matters to anyone visiting a store, office, or shopping center.

In this article, we’ll explore a key question: Are business owners liable for parking lot potholes when injuries or damages occur? We’ll cover who pays for repairs, when you can file a claim for car damage or a fall, what evidence helps, and how compensation is determined.

Understanding Liability for Parking Lot Potholes

Courts don’t expect flawless pavement, but they do expect owners to manage foreseeable risks. That begins with the duty of care businesses owe to customers and visitors. In many cases, business owners are liable for parking lot potholes if they knew about a hazard but failed to repair it or provide a warning.

The duty of care business owners owe

• Regular inspections based on traffic and season (e.g., after storms or freeze-thaw cycles).
• Prompt repairs or temporary protections such as cones, barricades, or warning paint.
• Adequate lighting and striping to prevent hidden hazards.
• Documented maintenance records proving hazards were addressed in a timely manner.

Private lots vs. public streets

• Private parking lots: Responsibility typically lies with the landlord, commercial tenant (if assigned by lease), or property manager.
• Public streets: If the hole is in a public right-of-way, liability usually involves the government entity responsible for road maintenance. Special notice and filing deadlines apply.
• Borderline areas: The line between private and public property may not be clear. Until clarified, both the business and municipality may be treated as potentially responsible.

When a pothole becomes a legal hazard

• Size and severity: Deep holes, sharp edges, or crumbling rims that catch shoes, strollers, or tires.
• Location: In pedestrian routes, crosswalks, ADA paths, or high-traffic areas.
• Visibility: Hidden by water, poor lighting, or faded striping.
• Duration and notice: Evidence the defect existed long enough that it should have been fixed.
• Foreseeability: Heavy traffic or weather conditions made deterioration predictable without timely repair.
• Insufficient warnings: No cones, paint outlines, or temporary barriers.

When these factors exist, a pothole crosses from ordinary wear into a legally actionable hazard—reinforcing why are business owners liable for parking lot potholes is such a common legal question.

Who Pays for Pothole Repair?

Private business lots

Repairs are usually the responsibility of the party with control over the property—whether the landlord, tenant (per lease terms), or property manager. Maintenance contracts often assign inspection and repair duties.

Shared-use areas

Shopping centers and office complexes often split repair costs through common area maintenance (CAM) agreements, with a property manager overseeing work.

Municipal involvement

If the defect lies in a roadway that appears part of the lot but belongs to the city, repairs fall to the municipality. Businesses, however, may still need to report hazards.

Insurance coverage

Businesses may rely on commercial property insurance or general liability coverage. Vehicle damage may first go through your auto insurer, which could then seek reimbursement if the lot owner’s negligence is proven.

What Happens If I Hit a Pothole and My Tire Pops?

Immediate vehicle damage

• Punctured or blown tires.
• Bent or cracked rims.
• Suspension misalignment affecting handling.
• Damage to shocks, struts, or undercarriage.

Documenting the damage

• Photograph the pothole, including size and location.
• Take photos of your vehicle damage.
• Keep receipts for towing, tire replacement, or repairs.
• Report the hazard to the property owner or manager and request an incident report.

Car damage vs. injury claims

Vehicle repair claims are often handled through your auto insurer first, while injury claims typically fall under premises liability law. In either case, thorough evidence strengthens your claim.

Protect Your Rights After a Parking Lot Pothole Injury with Thompson Law

A pothole in a business lot can leave you with medical bills, repair costs, and lost income. These cases hinge on proving the property owner failed to take reasonable safety steps. An experienced attorney can investigate, gather evidence, and fight for the compensation you deserve.

If you’ve been hurt or your vehicle was damaged, don’t wait to ask: Are business owners liable for parking lot potholes in your case? Contact the parking lot injury lawyers at Thompson Law today for a FREE CONSULTATION and learn about your legal options.

Frequently Asked Questions About Parking Lot Pothole Liability

Are business owners liable for parking lot potholes?

Yes. Business owners and property managers are often liable for parking lot potholes if they fail to maintain safe conditions. Regular inspections and timely repairs are expected under premises liability law.

What should I do if my car is damaged by a pothole in a business parking lot?

Take photos of the pothole and the damage, save all receipts for repairs, and report the hazard to the business immediately. You may be able to file a claim with the property owner’s insurance if negligence is proven.

Can I sue for injuries caused by a pothole in a private parking lot?

Yes. If a pothole caused you to trip, fall, or otherwise sustain injuries, you may have grounds to sue the business owner for medical bills, lost income, and other damages.

What if the pothole was in a city-owned area instead of a private lot?

If the pothole is in a public street or curbside lane, claims are usually directed against the city or county. These cases involve strict deadlines, often requiring notice within six months.

How do I prove liability in a pothole accident case?

Evidence is crucial. Photos of the pothole, maintenance logs, witness statements, and medical or repair records can all help establish negligence and support your claim.

Do businesses always have to repair every pothole?

No. Courts don’t expect surfaces to be flawless. However, businesses are expected to address potholes that are large, hazardous, or in high-traffic areas where harm is foreseeable.

¿Atienden en español?

Sí. Hablamos español. We provide bilingual support so Spanish-speaking clients have full access to our attorneys.

Contact Thompson Law today for a FREE CONSULTATION!