Parking Lot Trip Hazards and Florida Law

August 20, 2026 | Trip And Fall

Most people think of premises liability as something that happens inside a store. A negligence lawsuit filed in Broward County this summer is a reminder that the walk from the car can be just as hazardous as the aisle. The allegations in that case follow a pattern that appears regularly in South Florida fall claims.

A Recent Broward County Filing

A Broward County woman sued Wal-Mart Stores East, LP, WSE Management, LLC, and a store general manager on July 21, 2026, in the Seventeenth Judicial Circuit. According to Boca Post's report, she alleges she tripped on rebar protruding from a broken concrete wheel stop in the parking lot of a Sunrise store, during nighttime hours when patrons relied on the property's lighting. No defendant has been found liable, and the outlet's review did not include a defense response.

Wheel Stops Are Not Spills

Florida separates two kinds of hazards. Section 768.0755 governs slips on a transitory foreign substance, meaning something spilled or dropped where it does not belong, and it requires proof that the business had actual or constructive knowledge of the condition.

A cracked wheel stop with metal sticking out of it isn't a transitory substance. It is a defect in the property itself, and claims like that proceed under common-law premises duties. That distinction matters, because a defect that developed over months is easier to connect to notice than a puddle from five minutes earlier.

Conditions That Often Support These Claims

  • Broken wheel stops with exposed rebar
  • Uneven pavement and sunken drainage grates
  • Burned-out or insufficient lot lighting
  • Faded striping at curb transitions
  • Debris left in walking paths

Building the Notice Argument

Notice is usually where these cases are won or lost. Deterioration takes time, and that works in an injured person's favor. Maintenance logs, inspection schedules, prior incident reports, and dated photographs all help show how long a defect sat in place. Surveillance footage is frequently overwritten within weeks, so preservation demands need to go out early. Someone hurt on commercial property can ask a Hollywood, FL trip and fall lawyer to handle that step quickly.

Shared Fault and Deadlines

Florida applies modified comparative negligence. Chapter 768 reduces an award by the injured person's share of responsibility, and a claimant found more than 50 percent at fault recovers nothing. Defendants lean on this, arguing the hazard was open and obvious.

Chapter 95 sets the deadline for negligence claims at two years from the date of injury for causes accruing on or after March 24, 2023. The clock doesn't wait for treatment to finish.

Reviewing Your Own Situation

A trip and fall in Hollywood raises the same questions the Sunrise filing does: who controlled the walking surface, how long had it been defective, and what records exist to prove it. Newman Injury Law, PLLC handles premises claims across Broward County and can explain what your situation would involve. Contact our office while the evidence is still available.



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