Headline: Negligence by Lack of Parking Lot Preventative Maintenance.
The Upside and Downside of Your Parking Lot
The upside to a well-maintained parking lot is subtle yet powerful. Its freshly painted lines and a lack of potholes cause people to gravitate to your lot. Not only does it catch their eye, but it also announces your facility cares about the details. Though, what about the many other days, months, or even years when you haven’t overhauled your lot? That is where the rubber meets the road, and liability rears its ugly head. The cosmetic impact on your brand is one thing, but the safety and risk of every patron and employee is much more serious business.
Generally, parking lot owners have a job of making sure no one becomes injured on the property. They will always be liable for injuries that occurred on their property. However, as long as reasonable care and action is taken to prevent harm to others, it is less likely a court will hold the owner responsible for a negligence claim.
Stephen Hatton, Owner, and Doug Gramer, National Sales Account Manager, of Elite Paving Group LLC. shared the #1 concern with an improperly maintained parking lot is liability. Liability to pedestrians and people on bicycles first, vehicles next. Facility managers need to view the lot from the customer’s perspective. You ensure no personal injury liability exists when you take reasonable care from the moment the customer drives onto the lot to them walking to/from the facility.
While facility managers are not lawyers, there are some rules of thumb to consider. Cause-in-fact is determined by the “but for” test. For example, if the facility was not negligent in filling cracks and holes, he wouldn’t have fallen and broken his ankle. Or, if the facility owner would have shoveled the snow and used ice melt, she would not have slipped and hurt herself.
Common accidents waiting to happen can include:
- Pavement deficiencies- cracks, slick surface, uneven surface, or potholes. These can and do happen as part of normal wear and tear but must be handled. Have a plan in place to address unforeseen deficiencies ASAP and maintain the overall surface on a scheduled plan.
- Insufficient lighting/security.
- Poor signage resulting in increased risks of collision.
What a Good Parking Lot Preventative Maintenance Plan Entails
Resurfacing and restriping a facility parking lot is a capital investment. The investment is exponentially larger as you multiply it by ten, a hundred, or five-hundred locations. This is where planning and a scheduled parking lot preventative maintenance plan make financial sense. A well-maintained parking lot lasts up to 12 years longer than its unattended-to counterpart.
As Hatton and Gramer explained, a refurbished lot is super-smooth with zero holes and the easiest to maintain. From there, you need a maintenance program. Elite endeavors to explain and recommend to customers what to do and when. At the time of a resurface, you plan two to three years out for the next step. For instance, you might overhaul and resurface a lot this year. Then in 2-3 years, seal coat to maintain and protect your investment. A restriping program will parallel the seal coating.
For their customers, Elite Paving Group does a site visit and inspection two times a year. This helps to nip any potential defects in the bud. For brands with multiple facilities, they help you strategically plan for optimal performance and budget efficiencies. Regular patchwork and emergency repairs get done on an as-needed basis. Your vendor should commit to eliminating any liabilities customers might face as fast as possible. It might look like a temporary patch to fill a pothole en route to the front door when it is mid-winter in the Northeast with a more solid, permanent solution and follow-up plan to address the hole in spring; or dispatching a crew overnight to fill a sinkhole. Building a long-term relationship with your paving contractor is essential for minimizing liability ongoing.
