California Parking Lot Injury Demand Letter Guide

📋 What is Parking Lot Premises Liability in California?

Under California law, property owners and operators of parking lots and parking garages owe a duty of care to visitors to maintain their premises in a reasonably safe condition. When they fail to do so, and that failure causes injury, they can be held liable for damages under premises liability law.

Common Parking Lot Injury Scenarios

Use this guide if you were injured in a parking lot or parking garage due to:

💧 Slip and Fall - Wet Surfaces

Oil spills, water leaks, rain accumulation, or cleaning fluids without warning signs or barriers

🚧 Trip Hazards

Potholes, cracked pavement, uneven surfaces, speed bumps in disrepair, or debris

💡 Poor Lighting

Inadequate lighting contributing to falls, vehicle accidents, or criminal assaults

🚗 Negligent Design

Blind corners, inadequate signage, confusing traffic patterns, or missing pedestrian walkways

👍 What You Can Recover in Parking Lot Injury Cases

Medical expenses - Emergency room, surgery, physical therapy, medications, future care
Lost wages - Time missed from work during recovery and reduced earning capacity
Pain and suffering - Physical pain, emotional distress, loss of enjoyment of life
Property damage - Damaged clothing, personal items, or vehicle if applicable
Loss of consortium - Impact on spousal relationship due to injuries

Types of Parking Lot Defendants

🏢 Property Owners

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The owner of the property has a non-delegable duty to maintain safe premises. Even if they hire a management company, the owner remains ultimately responsible for dangerous conditions. Owners include shopping centers, office buildings, hospitals, apartment complexes, and standalone parking structures.

💼 Property Managers / Operators

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Companies hired to manage or operate parking facilities have a duty to inspect for hazards, maintain the property, and warn of known dangers. Management companies like parking operators (LAZ, SP+, ABM) can be held liable alongside property owners.

🏗 Maintenance Contractors

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Third-party contractors responsible for cleaning, repairs, or security may be liable if their negligent work created the hazard. For example, a cleaning company that fails to put up wet floor signs after mopping.

🛒 Tenants / Anchor Stores

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In some cases, major tenants like grocery stores or retail anchors may have lease provisions making them responsible for portions of the parking lot. Their customers are business invitees entitled to a safe shopping environment.

⚠ Time is Critical - 2 Year Deadline

Under California Code of Civil Procedure Section 335.1, you have only 2 years from the date of injury to file a lawsuit. However, you should send your demand letter much sooner to preserve evidence and increase settlement chances. Surveillance footage is often deleted after 30-90 days.

⚖ Legal Basis

California premises liability law provides strong protections for individuals injured on commercial property. These statutes and cases form the foundation of your claim.

Key California Statutes

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California Civil Code Section 1714(a)

"Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person." This is the foundational statute for all premises liability claims in California.

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Rowland v. Christian (1968) 69 Cal.2d 108

Landmark California Supreme Court case establishing the modern premises liability standard. Property owners must exercise reasonable care to protect all visitors from foreseeable harm, regardless of whether they are invitees, licensees, or even trespassers in some cases.

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California Code of Civil Procedure 335.1

Establishes the 2-year statute of limitations for personal injury claims. Your lawsuit must be filed within 2 years of the date of injury, or you lose your right to sue. If the defendant is a government entity, special rules under the Government Claims Act apply (6-month claim deadline).

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CACI 1000-1012 - Premises Liability Jury Instructions

California Civil Jury Instructions outline the elements of a premises liability claim: (1) defendant owned/controlled the property; (2) defendant was negligent in use or maintenance; (3) plaintiff was harmed; (4) defendant's negligence was a substantial factor in causing harm.

Duty of Care by Visitor Status

🛒 Business Invitees (Highest Duty)

Shoppers, customers, and business visitors. Property owner must inspect for hazards and either repair them or provide adequate warning.

👥 Licensees (Social Guests)

Friends, family, or others with permission to be on property for non-business reasons. Owner must warn of known hazards.

🚫 Trespassers (Limited Duty)

Even trespassers in California are protected from willful harm and artificial conditions the owner knows about.

Elements You Must Prove

Duty - The defendant owned, leased, occupied, or controlled the parking lot
Breach - The defendant failed to use reasonable care to keep the property safe
Notice - The defendant knew or should have known about the dangerous condition
Causation - The dangerous condition was a substantial factor in causing your harm
Damages - You suffered actual harm (injuries, medical bills, lost wages, pain)

💡 Actual vs. Constructive Notice

Actual notice: The property owner knew about the hazard (e.g., employee created it or received complaints). Constructive notice: The hazard existed long enough that a reasonable inspection would have discovered it. Evidence like dust, dirt rings, or witness testimony about duration can prove constructive notice.

✅ Evidence Checklist

Gather these documents and evidence before sending your demand letter. Click to check off items as you collect them.

📷 Scene Documentation

✓ Photos of the exact hazard that caused your fall
✓ Photos of the surrounding area and lighting conditions
✓ Measurements of pothole depth, crack width, etc.
✓ Photos of any warning signs (or lack thereof)

📹 Surveillance & Reports

✓ Request surveillance video immediately (letter to property)
✓ Incident report filed with property management
✓ Police report if one was filed
✓ Names and contact info of any witnesses

🏥 Medical Records

✓ Emergency room records from date of injury
✓ All follow-up treatment records
✓ Physical therapy records
✓ Medical bills and payment records

📈 Financial Documentation

✓ Pay stubs showing lost wages
✓ Letter from employer documenting missed work
✓ Receipts for out-of-pocket expenses
✓ Documentation of any PTO or sick leave used

📹 Request Surveillance Video Immediately

Most parking lots have security cameras, but footage is typically overwritten every 30-90 days. Send a written request (email and certified mail) to the property owner/manager immediately demanding they preserve all video footage. Include the date, time, and exact location of your fall.

💰 Calculate Your Damages

California parking lot injury cases can result in significant compensation. Here is what you may be entitled to recover.

Category	Description
Past Medical Expenses	All medical bills incurred to date: ER, surgery, imaging, prescriptions, therapy
Future Medical Expenses	Projected costs of ongoing treatment, surgery, or lifetime care needs
Past Lost Wages	Income lost from date of injury through present due to inability to work
Future Lost Earning Capacity	Diminished ability to earn income if injuries are permanent or long-term
Pain and Suffering	Physical pain experienced and expected to continue; no cap in California
Emotional Distress	Anxiety, depression, PTSD, fear of parking structures or public places

💰 California Has No Damage Caps for Negligence Cases

Unlike some states, California does not cap pain and suffering damages in ordinary negligence cases. Juries can award whatever they believe fairly compensates the victim. Medical malpractice cases have a $350,000 cap on non-economic damages, but standard premises liability cases do not.

📊 Sample Damages Calculation

Example: Slip and Fall with Broken Wrist

Emergency room and initial treatment $8,500

Surgery (ORIF - open reduction internal fixation) $35,000

Physical therapy (3 months, 2x weekly) $6,000

Lost wages (8 weeks off work at $1,200/week) $9,600

Pain and suffering (2-3x medical specials) $100,000

ESTIMATED TOTAL VALUE $159,100

💡 Comparative Negligence in California

California follows "pure comparative negligence" (Civil Code 1714). Even if you were partially at fault (e.g., looking at your phone), you can still recover damages reduced by your percentage of fault. If you were 20% at fault for a $100,000 case, you would recover $80,000.

📝 Sample Language

Copy and customize these paragraphs for your demand letter.

Opening Paragraph

I am writing to formally demand compensation for injuries I sustained on [DATE OF INCIDENT] at the parking lot/garage located at [ADDRESS]. As the owner/operator of this property, you owed a duty of care to maintain the premises in a reasonably safe condition under California Civil Code Section 1714. Your failure to do so caused me to suffer serious injuries and substantial damages.

Hazard Description - Pothole/Pavement Defect

On [DATE] at approximately [TIME], I was walking through your parking lot when I stepped into a large pothole/crack/uneven pavement that was [SIZE/DEPTH]. This defect was not marked with any warning signs or barriers. The condition of the pavement indicates this hazard had existed for an extended period, giving you constructive notice of the danger. Your failure to repair this known hazard or warn visitors constitutes negligence under California premises liability law.

Hazard Description - Wet/Slippery Surface

On [DATE], I slipped and fell on [oil/water/cleaning fluid/ice] that had accumulated on the parking lot surface near [SPECIFIC LOCATION]. There were no warning signs, cones, or barriers alerting pedestrians to this hazardous condition. The [discoloration/pooling/extent of the spill] indicates this condition existed long enough that a reasonable property owner conducting regular inspections would have discovered and remedied it. Your failure to do so constitutes negligence.

Injury Description

As a direct result of this fall, I suffered [DESCRIBE INJURIES: e.g., a fractured wrist requiring surgery, torn ligaments in my knee, a concussion and back strain]. I was transported to [HOSPITAL] where I received emergency treatment. I have since undergone [TREATMENT: e.g., surgery, physical therapy, ongoing pain management]. My treating physicians have indicated that [PROGNOSIS: e.g., I will require additional surgery, I will have permanent limitations, full recovery is expected in X months].

Damages Demand

Based on the foregoing, I hereby demand the total sum of $[AMOUNT] to compensate me for all damages arising from this incident, itemized as follows: past medical expenses ($[AMOUNT]); future medical expenses ($[AMOUNT]); past lost wages ($[AMOUNT]); future lost earning capacity ($[AMOUNT]); and pain and suffering ($[AMOUNT]). This demand is made pursuant to California Civil Code Section 1714 and the principles established in Rowland v. Christian. Please respond within [30 DAYS].

🚀 Next Steps

What to do after sending your demand letter and how to proceed if the property owner or insurer does not respond.

Insurance Claim Process

📌 Dealing with Commercial Liability Insurance

Most commercial properties carry Commercial General Liability (CGL) insurance with coverage typically starting at $1 million. Your demand will likely be forwarded to their insurance company. The adjuster may request a recorded statement - you are not required to provide one, and it is generally advisable to consult an attorney before doing so.

Timeline After Sending Demand

Days 1-14

Property owner/insurer receives and reviews demand; may request additional documentation

Days 14-30

Initial response or counteroffer; negotiation begins; insurer may conduct investigation

Days 30-60

Continued negotiation; if no progress, consider hiring attorney and preparing for litigation

Days 60-90

Final settlement discussions; if unsuccessful, attorney files lawsuit before statute expires

If They Do Not Respond or Offer Too Little

Consult a Personal Injury Attorney
Most personal injury attorneys work on contingency (typically 33-40% of recovery). Initial consultations are usually free. An attorney can assess the true value of your case and handle negotiations with the insurance company.
File a Lawsuit in Superior Court
If settlement cannot be reached, you must file a lawsuit before the 2-year statute of limitations expires. Cases under $10,000 can be filed in Small Claims Court; larger cases go to unlimited civil court.
Discovery and Litigation
Once a lawsuit is filed, you can subpoena maintenance records, inspection logs, prior incident reports, and surveillance footage. Many cases settle after discovery reveals the defendant's negligence.

Need Legal Help?

Parking lot injury cases require thorough investigation and strategic negotiation with insurance companies. Get a free case evaluation from an experienced personal injury attorney.

Free Case Evaluation

California Resources

California Courts Self-Help: courts.ca.gov/selfhelp - Forms and guides for filing lawsuits
CA State Bar Lawyer Referral: calbar.ca.gov - Find a certified personal injury attorney
Small Claims Court: For claims up to $10,000 ($5,000 for businesses)
California Department of Insurance: insurance.ca.gov - For insurance-related complaints