Can I sue for a trip and fall at a supermarket parking lot?

UPDATED: Oct 1, 2022

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Can I sue for a trip and fall at a supermarket parking lot?

My grandmother tripped and fell due to a pothole at a supermarket parking lot. Due to heavy rain, she didn’t see the hole. She dislocated and broke her wrist in 2 places. Can I sue the supermarket for not keeping their parking structure up to date and safe?

Asked on November 29, 2018 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your grandmother (not you; she is the injured party) may well have a case. If a property owner allows a dangerous condition to exist on their property--something obvious, like a pothole--they can be liable for the injuries it causes. Your grandmother could potentially sue for her out of pocket (not paid by Medicare/said or health insurance) medical costs; if she suffers months or longer of impairment or disability, some amount for "pain and suffering"; and if she is working and misses work due to this, some amount for lost wages.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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