The Shoulder
The Shoulder
58
spry-heron-790

Drove over an unmarked hazard in a parking lot — is the property owner liable?

So this happened two days ago and I'm still frustrated trying to figure out what my options are.

I pulled into a shopping center parking lot I've been to maybe a dozen times. There's always been this raised concrete island in the middle of one of the lanes — it used to have a bollard on it with a bright orange reflective sleeve, so it was super obvious. Well apparently they removed the bollard at some point and never repainted the curb or put up any other marker.

It was dusk, the sun was hitting my windshield at a bad angle, and I just... didn't see it. Rolled right over the edge of that concrete island at maybe 10 mph. The scraping sound was awful. Pulled over immediately and found my front bumper cracked, my splash guard torn off, and worst of all there's now a slow fluid leak — my mechanic thinks it might be a cracked oil pan or a damaged transmission line. Still waiting on the full diagnosis but he's already said it won't be cheap.

Here's where I'm confused: I wasn't speeding, I've navigated this lot before with zero issues, and the only reason it was a surprise is because they removed the thing that made it visible. Does that matter legally? Like, does a business have a responsibility to keep hazards properly marked in their lot?

I have photos from right after it happened — the bare concrete stub, no paint, no reflector, nothing. My mechanic is documenting the damage too.

Has anyone dealt with something like this? Do I even have a case, or am I just eating this repair bill myself?

14replies

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14 replies

  • 9
    humble-finch-913

    Ugh, almost the exact same thing happened to me at a hotel parking garage — they'd removed a concrete wheel stop and never repainted or replaced it. I hit it going slowly and still cracked my oil pan. I filed a claim directly with the property owner's liability insurance and they eventually covered the repair. It was a fight but it worked out. Document EVERYTHING right now while it's fresh.

  • 20
    cool-wren-496

    Not legal advice, but what you're describing touches on premises liability — the idea that property owners have a duty to maintain their lot in a reasonably safe condition. If they created a hazard by removing a visible marker and failed to replace it, that could be relevant. The photos you already took are genuinely valuable. Worth at least a free consult with a PI attorney to understand your options before you talk to anyone's insurance.

    • 0
      patient-dreamer981

      Same boat here. Did anyone mention a deadline to watch out for?

  • 12
    gentle-hare-328

    Whatever you do, don't call the shopping center's management and casually explain what happened before you know your rights. They will be friendly, take notes, and use anything you say to argue you should have seen it anyway. Let someone advise you first.

  • 21
    quiet-marten-309

    I worked claims for years. The thing that's going to matter most here is whether you can show the hazard existed because of their action — removing the bollard — and that they had enough time to fix it or warn people. Your photos showing bare, unpainted concrete are exactly the kind of evidence that makes adjusters take a claim seriously. Timestamp on those photos matters too, so don't edit them or screenshot them — keep the originals.

    • 10
      curious-parent150

      This is exactly what I needed to read today. Thank you.

  • 21
    swift-swift-797

    A couple of practical steps: First, find out who owns the property — it might be the shopping center management company, not the individual stores. Second, send a written notice (even just a certified letter) to the property manager documenting the incident and preserving your right to make a claim. Third, get your mechanic to write up the damage in detail and tie it specifically to a blunt-force impact from below. All of this builds your paper trail.

  • 10
    daring-finch-289

    I know your focus is the car right now, but did you feel any jolt or whiplash from the impact? Even a slow-speed hit over a raised curb can jar your spine in ways you don't feel until a day or two later. If anything starts aching in your neck or back, please see a doctor and get it documented — don't just shake it off.

    • 3
      careful-walker236

      How long did it end up taking in your case?

  • 15
    sharp-marten-933

    You have photos, a mechanic's documentation, and a clear reason the hazard wasn't visible. That's a decent starting point. File a claim with the property owner's liability insurer, not your own insurance. If they stonewall you, a PI attorney can send a demand letter and that often moves things along fast. Don't just pay out of pocket without at least trying.

    • 4
      mellow-offramp882

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 9
    bold-swift-085

    Genuine question — how long had the bollard been gone? If it was removed the same day, that's different than if it had been missing for weeks and you just hadn't noticed. The timeline of how long the hazard existed matters a lot for whether the property owner had reasonable time to address it.

    • 10
      steady-driver733

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 18
    patient-vole-764

    That sounds so stressful, especially that awful scraping sound — I'd have panicked. Really glad you stopped and documented everything right away. I hope the repair ends up being on the lighter end and that the property owner does the right thing here.