Tragic Parking Stop Fall

Fatal Premises Liability Over Ignored Parking Hazards

Key Takeaways

• Preventable Fatality: A legally blind elderly man died from massive head trauma after his mobility cane became wedged in a cracked, dilapidated concrete parking stop.
• Ignored Safety Warnings: The property owner blatantly ignored two separate requests from the convenience store manager to fix the known parking lot hazards.
• Clear Premises Liability: By failing to maintain the property pursuant to their lease agreement despite acknowledging the danger to customers, the owner directly caused a completely avoidable wrongful death.

This case involves the tragic death of a legally blind elderly man from massive head injuries he suffered in a fall caused by a severely damaged concrete parking stop in a convenience store parking lot. While walking into the store to buy some snacks, our client’s cane, which he used due to his blindness, became stuck in a cracked and broken parking stop in front of the store. As he walked and the cane jammed into the broken concrete, our client lost his balance, fell, and struck his head on the concrete curb leading from the parking lot to the sidewalk in front of the store.

On two separate occasions, the store manager requested that the property owner repair the severely damaged and dilapidated parking stops pursuant to the terms of their lease agreement for the property. When his first request went unfulfilled, the store manager again requested the repairs be made. Again, his request went unfulfilled.

Importantly, the store manager testified that the reason he wanted to parking stops fixed was that they presented a danger to his customers. Sadly, he was correct, as our client died as a direct result of these broken, dilapidated, and dangerous parking stops.