Who pays if I tripped in a pothole in a Georgia store’s parking lot?

· 3 min read

A trip in a parking-lot pothole can lead to a claim against the party responsible for maintaining the lot, but these cases are often challenging because a pothole is a static, usually visible defect. Who pays depends on who controlled the lot and whether the hole was something a careful person should have seen and avoided.

The duty extends to approaches and parking areas

The duty to use ordinary care under O.C.G.A. § 51-3-1 covers not just the inside of a store but also its approaches, which generally include the parking lot customers use to reach the entrance. The party that owns or controls and maintains the lot, whether the store, a property owner, or a management company, is typically the one responsible for keeping it reasonably safe.

A pothole is a static defect, a fixed condition of the pavement. Georgia analyzes these around visibility and the injured person’s opportunity to notice the hazard. If the hole was open and obvious in daylight, the store may argue the shopper had knowledge equal to its own, which can defeat the claim because premises liability depends on the owner’s superior knowledge.

What shapes liability for a parking-lot pothole

Several circumstances determine who answers for the fall and whether a claim succeeds:

  • Who held responsibility for maintaining the lot, which may be set by a lease or management contract.
  • Whether the pothole was concealed by shadow, water, poor lighting, or surrounding clutter.
  • How long the defect had existed and whether the responsible party knew or should have known of it.
  • Whether the lot was so poorly maintained that the hazard reflects a failure of ordinary care.

A static condition like a pothole can become more clearly actionable when combined with another factor, such as inadequate lighting at night that hid it. Should a court assign the pedestrian some blame for missing the hole, O.C.G.A. § 51-12-33 turns that blame into a percentage that lowers the payout, with a total bar reserved for a pedestrian at least half responsible. Where a separate party controlled the lot, apportionment among multiple responsible parties may apply.

The bottom line

The party that owns, controls, or is contractually responsible for maintaining the parking lot generally pays for a pothole trip in Georgia, because the duty of ordinary care reaches a store’s approaches. As a static defect, the claim often turns on whether the pothole was visible enough that the shopper should have avoided it, with lighting, concealment, and maintenance responsibility driving who is liable and for how much.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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