Can You Sue a Shopping Center After Tripping in the Parking Lot? This California Court Says Yes

By Yosi Yahoudai Founder and Managing Partner

June 25, 2025

Personal Injury

If you’ve ever tripped in a parking lot and wondered if you could sue – this one’s for you. 

In May 2025, the California Court of Appeal made a big move in De La Cruz v. Mission Hills Shopping Center, LLC, a case that could impact how premises liability claims are handled across the state. 

Here’s what happened, why it matters, and what you need to know if you’ve been injured on commercial property. 

What Was the De La Cruz Case About?

The plaintiff, De La Cruz, tripped over a pothole in a shopping center parking lot and suffered injuries. She sued the shopping center for negligence. Pretty straightforward. 

Unfortunately, the shopping center tried to get the case tossed out early. Their argument? They had a contract with De La Cruz’s employer (a tenant), and that contract made the tenant responsible for certain property conditions. Therefore, they claimed they weren’t liable. 

The trial court agreed and granted summary judgment – basically saying, “case closed, you can’t sue us.” 

But the Court of Appeal reversed that ruling. Why? 

Because De La Cruz wasn’t a party to that contract. She never signed it. She never agreed to its terms. And the court ruled that she shouldn’t be bound by it – meaning her negligence claim could move forward. 

What Does This Mean If You’re Hurt on Commercial Property?

It means the property owner can’t hide behind third-party contracts to dodge responsibility – at least not without a serious legal fight. 

“This decision reinforces a key principle of premises liability,” says Jason Javaheri, Co-Founder and Managing Partner at J&Y Law. “If you’re injured because of a dangerous condition – like a pothole – the focus should be on who controlled the property and whether they failed to fix it. Not on behind-the-scenes contracts you never signed.” 

Can a Property Owner Still Try to Shift Blame?

Yes – and they often do. 

They may try to argue that: 

• Another party (like a store tenant) was in charge of maintenance 

• You weren’t paying attention 

• The hazard was “open and obvious” 

But these are all arguments, not automatic wins. And courts are increasingly scrutinizing those defenses, especially when the injury is serious and the danger preventable. 

What Should You Do If You Trip or Fall in a Parking Lot?

Here’s how to protect your rights from Day One: 

1. Take Photos
   Of the pothole, cracks, poor lighting – anything that contributed to your fall.
2. Report the Incident Immediately
   Tell the store, mall, or property manager. Get a copy of any incident report.
3. Get Medical Attention
   Even if the injury seems minor – document everything.
4. Don’t Accept Blame or Sign Anything Without Legal Review
   Insurance companies will often push for early statements or lowball offers.
5. Talk to a Premises Liability Lawyer
   This is not the time to DIY your case. Property owners have legal teams – you should too.

Why This Case Sets a Powerful Precedent

This appellate ruling doesn’t just help De La Cruz – it sends a message: 

Victims can’t be dismissed based on legal loopholes they never agreed to. 

“When property owners cut corners or fail to maintain their spaces, they shouldn’t get a free pass just because of a behind-the-scenes contract,” Javaheri adds. “This case shows the courts are still willing to stand up for real people when it matters.

Have You Been Injured in a Parking Lot Fall?

Whether it happened at a shopping center, grocery store, or strip mall – you may have a strong case, even if the property owner tries to point fingers elsewhere. 

Call (877) 735-7035 for a free consultation. At J&Y Law, we’ll help you understand your rights, investigate the property, and fight for every dollar you deserve.