QUESTION:
My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot?
ANSWER:
Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability claim. If the courts find that the defendant consciously ignored perils involved, and intentionally fail to remedy defective condition, the defendant may also be liable for punitive damages as in the case Nolin v. National Convenience Stores, Inc. (1979), based on Civil Code section 3294.
It is best to work with a lawyer who is an expert in personal injury law to understand more about cases involving premises liability claims.