Typically made from concrete or recycled plastic, you'll find wheel stops -- also known as "bumper curbs," "parking blocks," or "parking chocks" -- in almost every parking lot.
While annoying and often-times ugly, they aren't considered "inherently dangerous," when properly maintained. So, don't expect to be compensated should you happen to trip over one of them.
In Cardia v. Willchester Holdings, LLC , Ms. Cardia fell over a wheel stop while visiting a CVS Pharmacy and later brought a personal-injury lawsuit seeking damages against the drugstore and the property's owner. Although the Westchester County Supreme Court refused to entertain the defendants' motion to dismiss Cardia's case, the Appellate Division, Second Department, reversed on appeal suggesting that the poor plaintiff had failed to exercise appropriate or "reasonable" cation under the circumstances:
A wheel stop or concrete parking lot divider which is clearly visible presents no unreasonable risk of harm ... Here, Willchester made a prima facie showing of entitlement to judgment as a matter of law by presenting photographs depicting the condition of the parking lot at the time of the plaintiff's accident, which demonstrate that the wheel stop over which the plaintiff tripped and fell was not an inherently dangerous condition, and was readily observable by those employing the reasonable use of their senses ....
Although Cardia's lawyer furnished the court with an expert's opinion that the protruding barriers "violated good and accepted engineering safety practices," the AD2 was unpersuaded by the "conclusory" nature of that analysis and put an abrupt stop to plaintiff's case.
For a copy of the Appellate Division's decision, please use this link: Cardia v. Willchester Holdings, LLC