5 Major Trip and Fall Cases Every Property Manager Should Know

These cases come from restaurants, big box stores, and public sidewalks. The details change from one story to the next, but anyone who manages parking lots, walkways, or exterior pedestrian areas will recognize the same patterns.

1. 31 Million Dollar Pothole Fall in a Restaurant Parking Lot

In Santa Fe, New Mexico, a woman walking through the parking lot of a restaurant slipped and fell on an uneven area where a pothole had formed. She suffered severe injuries, and a Santa Fe jury awarded her 31 million dollars. A judge later upheld the full verdict after the defense asked for a reduction or new trial. 

Source: Judge upholds 31 million dollar verdict against a restaurant in Santa Fe

What went wrong:

• The hazard was in a high traffic area used daily by paying customers.
• The surface defect was visible and, based on reporting, longstanding.
• The case went all the way to a jury instead of settling, which opened the door to a very large award.

Key lessons for commercial properties:

• Potholes and low spots in a parking lot are not just appearance problems, they are real safety hazards.
• Keep a written record of when you inspect the lot and what repairs are completed so you can show that you stayed on top of maintenance.
• Look closely at the areas where new patches meet older asphalt, since a small raised edge there can easily trip someone.

2. 18.5 Million Dollar Settlement for a Damaged City Sidewalk

In Davis, California, a woman in her sixties caught her foot on a sidewalk defect and fell, suffering a serious spinal cord injury that resulted in paralysis. She later sued the city, claiming it did not properly maintain the sidewalk, and in 2025 Davis settled the case for 18.5 million dollars. 

Source: Davis woman wins 18.5 million dollar settlement after sidewalk fall leaves her paralyzed CBS News

What went wrong:

• Sidewalk damage from tree roots was widespread and well known.
• There was no strong proactive program to identify and fix hazards before someone got hurt.

Key lessons for commercial properties:

• If you have trees along walkways or in islands, plan for root heave and lifting panels as an ongoing maintenance item.
• Do not wait for complaints; implement routine pavement assessments of all pedestrian routes, including public facing sidewalks adjacent to your property where you may share responsibility.
• Where sidewalk responsibility is shared with a municipality, understand the local code and clarify who is expected to repair what.

3. 11.39 Million Dollar Verdict Against Target for an Uneven Parking Lot Surface

In Winter Garden, Florida, a 44 year old woman walked out of a Target store during the holiday rush with her child in her arms and headed through a busy parking lot. When she stepped toward a landscaped island, she hit a sudden change in height where the asphalt joined a concrete gutter.

An Orange County jury found Target 90 percent at fault and awarded 11,391,183.28 dollars in damages. 

Sources: Orlando woman wins 11.3 million dollars in lawsuit against Target WFTV

What went wrong:

• The transition between asphalt and concrete created an abrupt, code violating elevation change.
• The hazard was located exactly where pedestrians would reasonably walk to avoid moving traffic.
• The plaintiff’s lawyers framed the case as a preventable code issue, not just a random accident.

Key lessons for commercial properties:

• Regularly check the spots where different surfaces meet, such as asphalt to concrete, ramps, drainage inlets, and landscaped islands.
• Confirm that the slopes, joints, and any small lips in those areas comply with local building codes and ADA guidelines.
• Pay attention to how people actually move through your lot. If everyone cuts across a particular island, design and maintain it as a safe pedestrian path, not just a planting bed.

4. 10 Million Dollar Sidewalk Verdict in Brooklyn

In Brooklyn, New York, a man fell after catching his foot on a broken piece of sidewalk that measured roughly eight inches long, four inches wide, and two inches deep. The fall led to serious injuries that required spinal fusion surgery and an operation on his shoulder. 

Source: Brooklyn pedestrian injured in sidewalk trip and fall awarded verdict of 10 million dollars Ronald C. Burke

What went wrong:

• The sidewalk defect was small in size but deep and long standing.
• Evidence in the case showed that the sidewalk condition violated New York City maintenance rules, including Administrative Code section 19-152.

Key lessons for commercial properties:

• “Small” defects can create very large verdicts if the injury is severe and the defect has been present for a long time.
• In many jurisdictions, the property next to the sidewalk is responsible for keeping it in safe condition, rather than the city alone. Make sure you know how your local rules assign that responsibility and what they require you to do.

5. 7.5 Million Dollar Sidewalk Settlement in Whittier, California

In Whittier, California, special education teacher fell on a section of public sidewalk that tree roots had pushed out of level. She sustained multiple fractures, injuries to her knees, neck, and back, and a mild traumatic brain injury, and has dealt with chronic pain since the 2018 fall.

After a jury found the city responsible, Whittier chose to settle the case in 2025 for 7.5 million dollars. Reports describe this as the largest sidewalk defect trip and fall settlement in California history. 

Reports also note that residents had made repeated complaints about sidewalk hazards from tree roots before the accident.

Sources: Whittier woman reaches 7.5 million dollar settlement after sidewalk fall NBC Los Angeles

What went wrong:

• There were prior complaints about the same category of hazard.
• Corrective action lagged behind the risk.

Key lessons for commercial properties:

• Take every complaint about sidewalk or parking lot hazards seriously.
• Show a clear pattern: log complaints, inspect promptly, and either repair or clearly mark and block hazards until repaired.
• Jurors are especially unsympathetic when there is a paper trail that issues were known but not addressed.

What These Cases Have in Common

Across all five examples, a few themes show up again and again:

1. The hazard was visible and preventable. Potholes, broken panels, raised slabs, abrupt changes in elevation, or code violations were present for some time before the injury.
2. There was no strong inspection and maintenance program on record. Either inspections were informal or documentation was weak, which made it easier for plaintiffs to argue neglect.
3. Complaints or prior incidents had been ignored or under addressed. When you have notice and do not act, the story becomes “profits over safety,” which juries punish severely.
4. The injuries were catastrophic, not minor. Spinal fusion, paralysis, traumatic brain injury, or long term disability drive the numbers into the millions.
5. Jury attitudes favor larger awards for severe injuries. Injury severity, not company size, tends to drive award size, and many jurors now view multimillion dollar awards as appropriate in serious cases.

All of this is bad news if you are reacting after someone has already been hurt. The good news is that most of the underlying hazards are completely within your control.

Practical Steps Commercial Properties Can Take To Avoid Trip and Fall Disasters

You will never remove every possible hazard, but you can demonstrate that you take safety seriously and respond to issues when you see them. That kind of documented effort can both prevent injuries and significantly reduce your liability if a claim is ever made.

1. Build a documented inspection program

• Make it a habit to walk every route that people use on your property, including parking stalls, drive lanes, crosswalks, sidewalks, ramps, entrances, and loading areas, and do it on a set schedule.
• Use a checklist or digital form to record the date, who performed the inspection, what problems they saw, and what you did to address them
• Photograph any defects and then take follow up photos once repairs are complete.

If a case ever goes to court, a clear inspection and maintenance record can be one of your strongest assets.

2. Prioritize pavement and sidewalk repairs

Many trip and fall events begin on outdoor walking surfaces. Pay particular attention to:

• Potholes, dips, or sunken trench patches in parking areas
• Panels or slabs that have been pushed up by tree roots
• Cracks that have opened into wide gaps or created obvious height differences
• Abrupt lips where asphalt meets concrete at gutters, islands, or ramps.

Work with your pavement maintenance contractor to build an annual plan that covers crack filling, patching, overlays, and regrading where needed. Fast, well documented repairs are much cheaper than litigation.

3. Treat transitions and changes in elevation as high risk zones

Anywhere the walking surface changes, your risk increases:

• Asphalt to concrete at islands and curbs.
• Ramps, steps, and thresholds.
• Drainage grates, trench drains, and utility covers.

Check that:

• Elevation changes are gradual and within code and ADA limits.
• Edges are clearly visible, with good contrast striping where appropriate.
• Water does not pond at transitions and freeze in cold weather.

4. Improve visibility and wayfinding

A surface does not need to be badly damaged to cause trouble. If people cannot see where they are stepping, the risk still climbs.

• Make sure your parking lots, walkways, and entrances are lit evenly, without harsh glare or dark patches.
• Repaint lines, crosswalks, and pedestrian routes before they fade so they stay easy to follow.
• Use signs and painted walkways to direct people along the safest route, especially in areas where vehicles and pedestrians cross paths.

5. Respond quickly to complaints and incident reports

Your response to the very first complaint can shape how a future claim is viewed.

When someone points out a hazard:

1. Record the report right away, including the date, time, and the person who raised it.
2. Inspect the area promptly.
3. If you cannot fix the issue immediately, block off or protect the area with cones, barriers, or temporary ramps until repairs are finished.
4. Document the repair with notes and photos when it is completed.

When an incident occurs:

• If an incident happens, start by making sure the injured person receives whatever medical help is necessary.
• Then document the situation carefully. Take photos and videos, gather witness names and contact information, and complete an incident report.
• Contact your insurance carrier as soon as possible and follow their instructions for reporting the event.

6. Know your codes and responsibilities

• Learn how your local building codes, ADA standards, and ordinances apply to sidewalks, curbs, and other walking surfaces, including who is responsible for keeping them in good repair.
• Go through your leases as well, since common area responsibilities are often divided between property owners and tenants.
• Periodically have safety or risk management professionals review your site. A third party report can identify blind spots and support your due diligence.

A Simple Trip and Fall Risk Checklist

Use this basic checklist as a starting point and then adjust it for your specific properties:

• Parking lots have no deep potholes or major low spots
• Sidewalks are free of raised panels, broken sections, and wide gaps
• Ramps and surface transitions are within code and do not have sharp or abrupt lips
• Walkways, curbs, and crosswalks are clearly marked and still visible after dark
• Lighting is even and reliable across entrances, parking areas, and the spaces between buildings
• Trees and roots are monitored and managed where they affect concrete or asphalt.
• Written inspection schedule in place, with logs kept for at least several years.
• Complaint and incident reporting process is clear and followed by staff.
• Maintenance and repair work is documented with photos and invoices.

Final Thoughts

The largest trip and fall settlements usually do not happen by chance. They often grow out of obvious hazards, weak documentation, and a narrative that suggests parking lot safety was not treated as a priority.

As a commercial property owner or manager, you cannot decide how a jury will react, but you can decide how well you maintain your pavement, sidewalks, lighting, and safety procedures. A consistent, proactive maintenance program will:

• Protect your tenants, customers, and visitors.
• Reduce the chance of serious injuries.
• Put you in a much stronger position if a claim ever does land on your desk.

If you have not walked your parking lots and sidewalks in a while, now is the time. One afternoon of inspection and a committed maintenance plan is a lot cheaper than the next eight figure headline.