Liability for the use of car parks

It is the duty of the car park owner to ensure that the car park is safe in design and use. This should be based on a risk assessment to ensure that appropriate controls are in place to manage the material risks

Sensible controls may include ensuring that the car park:

  • Is clearly sign posted, well-lit and easy to find.
  • Allows for clear visibility for both pedestrians and drivers.
  • Has well drained and maintained surfaces which are level and not slippery.
  • Has clearly marked parking areas with safe walking areas for pedestrians.
  • Has clear speed limits.
  • Has demarcation for pedestrians.

Consideration should be given to whether reverse parking is the most appropriate means of parking in specific bays.

Should a risk materialise  as the landlord/owner, you have a duty to ensure that the risk is appropriately managed. For example:

  • During winter months when the road become icy and slippery, the road and pathways should be de-iced and grit laid down.
  • Warnings should be in place where there are potential safety risks (i.e. cones or hazard tape) and the hazard dealt with as soon as possible.
  • Replace/update worn road markings.

Where any incidents take place, a risk assessment should be carried out, and a management plan should be created to reduce the risk of recurrence.

The HSE provide further guidance on making car parks safer: Parking - Workplace transport - HSE