The action at many fast-food restaurants has shifted to the parking lot.
Drive-thru customers and third-party delivery drivers arriving and leaving in a rush have increased parking-lot traffic and congestion. U.S. restaurant sales through third-party deliveries rose almost 30% in 2023 from the previous year, according to Delaget, a restaurant data analytics provider.
Distracted driving is rising as well. Two-thirds of drivers admit to using their cellphones, and more than half say they text or use social media while driving through parking lots, according to a National Safety Council survey.
While restaurant owners can’t control drivers’ behavior in their parking lots, they are legally obligated to warn customers of hazards and take steps to eliminate them. Many parking-lot accidents involving pedestrians are never reported, but property owners are being hit with more lawsuits over these incidents, according to Kevin Madison, a consultant and expert witness in lawsuits over parking-lot safety.
Restaurant customers are considered “invitees” in many states and are afforded strong protections under premises liability laws. For example, a Philadelphia customer of a CVS drugstore won more than $300,000 in damages in 2015 after he caught his foot in a hole in a grassy strip of the store’s parking lot, fell, and injured his neck and shoulder.
Restaurant owners can reduce hazards by providing clear pavement striping, eliminating potholes and cracks, posting clear signs, and clearing debris, snow, and ice around entryways, on exterior walkways, and throughout the parking lot. Brightly painted crosswalks and bright lighting to help drivers see pedestrians are other protective measures.
Speed is the main cause of injuries and accidents, and physical barriers are the most effective way to slow vehicles down, Madison says. Speed bumps are designed to slow traffic to 3 mph, about the same speed as pedestrians walk. Bollards around doorways, or commercial-grade steel pipes sunk deep into concrete, can protect patrons entering and exiting the restaurant from reckless drivers.
