Who’s Responsible For Parking Lot Injuries At California Malls During Holidays?

California mall parking lots fill up quickly during major holidays. That can increase the likelihood of accidents. If someone gets hurt, identifying who is responsible can be a complex process. Depending on the circumstances, multiple parties may share liability. These include:

Shopping at bustling malls throughout the state, such as South Coast Plaza, Westfield Valley Fair, or The Grove, should be a joyful experience. However, crowded parking lots during holidays can pose accident hazards. Uneven pavement, poor lighting, and distracted drivers and pedestrians all carry risk.

If a hazard isn’t fixed and you get injured, California law lets you seek compensation. This applies even if those responsible didn’t mean to hurt you. To seek damages such as medical bills, lost wages, and other related losses, you must show that another party acted carelessly or failed to maintain a safe environment.

At Arash Law, you can learn more about how to navigate the process of filing injury claims if you were hurt in a parking lot at a California mall. Call (888) 488-1391 today for a free case assessment.

Potentially Liable Parties In California Mall Parking Lot Accidents

Determining liability for a parking lot injury at a California mall can be a challenging task. The person or party at fault usually pays for damages. However, multiple parties can share responsibility.

One or more of the following could be liable for a parking lot accident at California malls:

Negligent Drivers

Drivers most frequently cause parking lot accidents due to errors such as:

In a parking lot crash, the at-fault driver’s car insurance usually pays for the damages. Identifying that driver can be tough. Malls get very crowded during the holidays. Collecting evidence, such as witness statements, police reports, or video footage, can thus be invaluable.

Property Owners Or Businesses

Mall owners and businesses are required to maintain a safe parking lot. Their obligation includes fixing broken pavement and ensuring the lot is well-designed. Premises liability holds property owners and companies accountable for injuries resulting from unsafe conditions.

A property owner might not have been aware of a danger in their parking lot. Sometimes, they should have been aware of it, but didn’t address it. In these scenarios, they can be held liable for resulting injuries. There are two main ways to prove this knowledge:

• Actual Notice — Someone tells the owner or an employee about a problem. A written record of a reported hazard is crucial for a potential legal case.
• Constructive Notice — The owner should have discovered the hazard during a routine inspection.

Common grounds for premises liability in parking lots include:

• Slip-and-Fall Hazards — These include wet spots, uneven pavement, and icy patches.
• Structural Defects — Examples include broken stairs and inadequate lighting.
• Security Failures — Owners could be liable for injuries from assaults or thefts in unsecured parking lots. One real-world example is a coyote attack that occurred in Westfield UTC’s parking lot right before Thanksgiving in 2025. The incident injured two children. In this scenario, parents could file a claim against the mall for inadequate security.

If you get hurt in a parking lot because of unsafe conditions or hidden hazards, you might have a valid premises liability claim. This claim would be against the property owner or business. A premises liability lawyer can explain your rights. They can also assess whether you have a valid case.

Pedestrians

Drivers typically bear the primary responsibility for safety. However, pedestrians must also exercise reasonable care and caution in mall parking lots, especially during the rush of major holidays. If their carelessness causes a crash, they may be partially liable for the resulting damages.

Here are some common negligent behaviors that could cause a holiday pedestrian accident in shopping areas:

• Jaywalking.
• Disregarding signals like traffic lights
• Walking while distracted, such as while using a smartphone.
• Wearing dark clothing in poorly lit areas or at night.
• Darting into traffic or suddenly stepping out from behind parked cars.
• Walking while impaired by alcohol or drugs

Pedestrian accidents are complex because they often involve severe, life-altering injuries. The NHTSA reports that in 2023, there were about 7,314 pedestrian fatalities and 68,244 injuries from traffic accidents.

Pedestrian cases often result in disputes over who was at fault. A pedestrian accident lawyer can handle these challenges, advocate for the victim’s rights, and help seek compensation that reflects the physical and financial impact of the accident.

Third Parties

Shopping malls sometimes hire maintenance companies or contractors to clean, repair, or maintain their parking lots. Many of them do so when preparing to accommodate more visitors during major holidays. The third parties they hire often handle:

• Fixing cracks, potholes, and other structural pavement hazards.
• Maintaining clear parking lines, arrows, and visible crosswalks.
• Applying sealcoating to protect pavement and maintain safe traction.
• Resurfacing or repaving degraded lots for safe use.
• Clearing trash, oil spills, and seasonal hazards that cause slip-and-falls.

If a company performs these tasks poorly or fails to complete them at all, it could face liability for any resulting injuries. A personal injury lawyer can help establish fault by reviewing service agreements and maintenance logs.

Common Causes Of Parking Lot Accidents During Major Holidays

According to the National Safety Council (NSC), a higher number of traffic fatalities occur during major holidays. These include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Americans’ preference for car travel, as well as for drinking alcohol during related celebrations, are two major contributing factors to motor vehicle crashes during these periods. Unfortunately, the risk of these accidents during holidays extends to parking lots.

These areas can be more dangerous than many people realize. Every year, tens of thousands of collisions occur here. During holidays, these parking lots become hotspots for accidents, putting visitors at risk of both car crashes and slip-and-fall injuries in California malls. Here are a few reasons why:

• Increased Foot Traffic — Crowds of shoppers carrying bags or pushing carts could step out from between parked cars, leaving drivers little time to react.
• Impaired Driving — The holidays see an uptick in impaired driving because alcohol is often served at related events. In fact, the California Highway Patrol made over 1,300 DUI arrests over the 2025 Fourth of July weekend alone. The agency conducted maximum enforcement to prevent these drivers from causing accidents, as alcohol and drugs are known to worsen judgment and reaction times on the road. Impaired drivers pose a similar risk in mall parking lots.
• Reversing Vehicles — Drivers backing out of spaces often fail to check for people behind them, particularly when they’re focused on avoiding other cars. In November 2025, this issue led to the death of a nursing student in Long Beach. The driver, who was distracted at the time, hit the victim while exiting a parking space.
• Blind Spots — Drivers of large vehicles, such as SUVs and trucks, could accidentally hit nearby pedestrians whom they cannot see through their windshields or mirrors.
• Hazardous Surfaces — Spilled liquids, rain, or icy patches can cause pedestrians to slip and fall. However, these hazards can also lead to vehicle skids in outdoor mall parking lots, which is why one common tip you’ll find in a holiday season driving guide is to steer smoothly and precisely. Otherwise, drivers could lose traction and control of their car, potentially causing them to collide with parking lot infrastructure, other vehicles, or pedestrians.
• Aggressive or Rushed Driving — Drivers may speed, follow too closely, or cut across rows if they’re in a rush to park. These behaviors often lead to injuries. In particular, Black Friday deals often lead to brawls over parking spots.
• Unsupervised Children — If parents are busy, such as when loading Christmas gifts into their cars, children may run around unsupervised. Their sudden movements could make it hard for drivers to avoid hitting them.
• Poor Lighting — Dim or broken lights make it difficult for drivers and pedestrians to see each other, which can prevent accidents from occurring.
• Risky Pedestrian Behaviors — Using phones or listening to music can make shoppers less aware of their surroundings and oncoming traffic.

Each of these factors increases the risk of mall parking lot accidents, especially during busy holiday periods. If you’re injured, an accident lawyer can help identify who was at fault and gather evidence like witness statements or video footage. They can also negotiate with insurance companies to pursue compensation for your injuries and losses.

Common Injuries After Parking Lot Accidents In California Malls

Visiting malls like the Glendale Galleria or the Citadel Outlets in the City of Commerce can be a great way to enjoy holiday events or do some last-minute shopping. However, the resulting rush often leads to crowding in parking lots, increasing the risk of accidents and injuries.

Whether you are involved in a car collision or slip and fall on uneven pavement, these injuries can lead to both medical and financial problems. Some common ones a bodily injury lawyer can help you with include:

• Head injuries
• Broken bones
• Neck injuries
• Back injuries
• Hip or knee injuries
• Shoulder injuries
• Internal bleeding
• Soft tissue or nerve damage

Unfortunately, some of these injuries can be fatal. Data from the National Safety Council shows that more than 50,000 parking lot crashes cause around 60,000 injuries and 500 deaths every year. Given these relatively high risks, pedestrians and drivers must remain alert when they’re in busy parking lots during major holidays.

How To Establish Liability For Parking Lot Injuries At California Malls

If you are hurt in a parking lot accident at a California mall on a holiday, figuring out who is responsible depends on proving negligence. Doing so generally involves demonstrating four key elements. To illustrate, here’s what that would look like if you were injured in a parking lot slip-and-fall:

1. Duty of Care — The at-fault party had a duty to maintain parking lots in a safe condition. For instance, mall owners are responsible for addressing hazards such as icy puddles.
2. Breach of Duty — The at-fault party failed to take reasonable steps to maintain a safe parking lot. In line with the above example, mall employees might have been unable to spot a puddle, clean it up, or warn visitors about it.
3. Causation — The unsafe condition directly caused your injury. You need to clearly show that you slipped and fell because the puddle wasn’t addressed.
4. Damages — You incurred actual losses. A slip-and-fall accident attorney can help you gather medical bills, lost wages, proof of pain and suffering, and other pieces of evidence that help demonstrate the extent of your damages.

Establishing negligence in a parking lot accident is rarely straightforward. Consider talking to an attorney if you need help proving your case or navigating the claims process. If you’re worried about legal fees and wondering, “Do lawyers only get paid if they win?” the answer is yes for those who work on a contingency fee basis. Under this arrangement, you only pay your attorney if they obtain compensation on your behalf.

What Should I Do After A Parking Lot Injury At A California Mall?

Holiday mall parking lots can be hectic and stressful. If you get hurt in an accident, here are some recommended steps you can follow:

1. Get Medical Help — Call 911 if needed. Even if you feel okay, it’s still a good idea to visit a doctor. They can check for hidden injuries before they worsen. They’ll also create a medical record that could support a potential claim.
2. Document the Accident — Gather clear evidence after an accident to support your case.
   • Take photos or videos of the parking lot, the accident hazards present, and your injuries.
   • Obtain contact info from witnesses.
   • Request copies of official reports.
   • Ask for security camera footage.
3. Talk to an Attorney — A personal injury lawyer can investigate your accident to find out what caused it and who may be responsible for your injuries. They can:
   • Assess the strengths of your case
   • Collect and preserve evidence.
   • Review photos, videos, and reports.
   • Interview witnesses.
   • Consult industry experts if needed.
   • Handle communication with insurers.
   • File a lawsuit and represent you in court, if necessary.

Frequently Asked Questions About California Mall Parking Lot Injuries

After a parking lot accident, you may be looking for free accident lawyer advice. Below are answers to common questions about parking lot injuries at California malls. If you need legal guidance tailored to your specific case, contact us at (888) 488-1391.

Who’s Responsible For Parking Lot Injuries At California Malls During Holidays?

Responsibility for injuries in mall parking lots depends on who was careless. A distracted or negligent driver is often at fault if they cause an accident. Mall or parking lot owners can also be responsible for injuries if they fail to maintain a safe environment for shoppers. Sometimes, a business or its employees may be at fault if their actions lead to an injury.

In some cases, more than one person or party may share responsibility for a parking lot accident. This situation can complicate the process of pursuing compensation. That’s why it is advisable to consult a personal injury lawyer. They can help clarify who may have caused your California mall parking lot accident on a major holiday.

Can I Still Get Compensation If I Share Responsibility In A Parking Lot Accident?

Yes. California follows a comparative negligence rule. Essentially, you can still seek compensation even if you share responsibility for an accident. However, the court will assign a percentage of blame to you. It will then reduce your potential compensation accordingly. If your damages amount to $100,000 and the court finds you 25% responsible, it may only award you up to $75,000.

That said, you may be wondering, “Do I need a personal injury lawyer?” The answer might be yes if you partially caused your parking lot accident.

How Does Insurance Work If I’m Not At Fault?

If an accident is not your fault, the liable party’s insurance company usually pays for your damages. This coverage often includes:

• Medical Expenses — ER visits, surgeries, physical therapy, chiropractic care, and other costs related to your injuries.
• Property Damage — Compensation for the repairs or replacement of your car or any personal items damaged in the incident.
• Lost Wages — The income you couldn’t earn while recovering from your injuries.
• Non-Economic Damages — The physical and emotional distress resulting from the accident.

Typically, you will file a claim with the other driver’s insurance company. It will investigate the accident to determine who is responsible for the incident. If the insurer denies your claim or offers a low settlement, accident attorneys can advocate for your rights.

Who Has The Right-of-Way In A Parking Lot In California?

In California parking lots, drivers in the main “thoroughfare lanes” generally have the right-of-way. However, California law also requires drivers to yield to any pedestrian crossing within a marked or unmarked crosswalk at an intersection.

How Much Compensation Can I Get If I Get Hit By A Car?

The amount you can pursue depends on your circumstances. Factors include the complexity of your case, the severity of your injury, and the limits of the at-fault party’s insurance policy.

For instance, serious or life-changing injuries are more likely to result in substantial compensation. You can also include car repair costs in your claim if necessary. Our personal injury attorneys can help you identify the damages you can seek and factor them into your claim.

What Should You Not Say When Making An Insurance Claim?

When you talk to an insurance company, keep your answers honest and straightforward. Here are things you should avoid saying:

• “I’m Sorry” or “It Was My Fault” — Avoid any statement that sounds like you are accepting blame for the accident.
• “I’m Not Really Hurt” — Never downplay your injuries or assume you are fine immediately after the crash. Symptoms may appear days later.
• Opinions or Guesses — Stick to the facts. If you don’t remember a detail, simply state that you do not know.
• “I Don’t Have a Lawyer” — Mentioning that you are unrepresented may encourage the insurer to offer a lower settlement amount.

To protect your interests, consider working with an accident lawyer. They can handle all negotiations with the insurance company on your behalf.

How Long Do You Have To Sue For A Parking Lot Injury In California?

In California, you generally have two years from the date of the accident or injury to file a lawsuit. This deadline is called the statute of limitations. If you miss it, you may lose your right to pursue compensation, regardless of whether your claim is valid.

However, there are some exceptions and special situations to be aware of. For instance, the two-year deadline for injured minors typically begins at age 18. In other words, they have until their 20th birthday to file a lawsuit.

Unfortunately, you could face tighter deadlines due to delays. Insurers may take longer to respond to you during major holidays. On these occasions, they often handle a higher number of claims with fewer staff.

A personal injury attorney can help identify which exceptions may apply to your case so you can file it on time. They can also help you address any delays you may encounter.

Injured At A Mall Parking Lot? Contact A Personal Injury Lawyer Today!

Visiting malls during major holidays should be a fun experience. However, crowded parking lots raise the risk of accidents that can quickly turn joyful moments into stressful ones.

If you got injured in a parking lot accident during the holiday rush, consider seeking legal help. Our experienced parking lot accident lawyers can guide you through your options and help you seek compensation.

We handle a wide range of personal injury cases. From car accident lawyers to attorneys experienced with claims involving negligent security, rideshare, dog bite, and slip-and-fall incidents, our team assists clients throughout California, regardless of their immigration status or background.

Call the AK Law Firm at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation.