Slippery Painted Parking Lot

I slipped and fell in a parking lot near a disabled painted zone. There was rain on the ground. Do I have a claim for the injury to my leg?

You may have a claim, depending upon other circumstances. In prior posts, I discussed issues surrounding slip and fall cases. One post dealt with a slip and fall inside of a mall. Another post explained issues regarding a slip and fall case in a subway car. And the last post explored the issues concerning a slip and fall on snow.

It is not clear from your question exactly what caused your fall. I will assume for purpose’s of this post that you slipped and fell on the painted area of the parking lot near the disabled parking.

One of the theories of a claim against a land owner for a slip and fall accident is proof that the land owner had created the slippery condition which caused the accident. Typically, if a store owner (or it’s employee) mops the floor and does not place warnings of the wet floor, the store owner has created the slippery condition. However, in downstate cases in our particular judicial district, the courts require that the property owner have notice of the slippery condition which caused the accident. Walsh v Super Value, Inc., 76 AD3d 371, 904 NYS2d 121 (2d Dept 2010).

Notice of the Created Slippery Condition

In your particular case, you are alleging that the combination of rain and the painted parking lot created a slippery condition. Unlike my hypothetical situation of a freshly mopped floor, your case presents a unique fact pattern. The parking lot owner created the painted parking lot lines. But that is not enough to prove liability against the owner. You must further show that when the parking lot owner had the lines painted, it knew or should have known that the particular type of paint used would create a slippery condition when wet. Westbay v Costco Wholesale Corporation, 200 AD3d 935, 159 NYS3d 492 (2d Dept 2021).

So it is not enough to prove that the parking lot owner created a slippery condition. You may even have to hire an expert to examine the paint. The expert must evaluate if the type of paint used in the parking lot is the type of paint that the owner knew or should have known would create a slippery condition when wet. See also SanAntonio v 340 Ridge Tenants Corp. 204 AD3d 713, 166 NYS3d 256 ( 2d Dept 2022).

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.