By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a 7-Eleven lot?
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Hit by a car in the lot
Parking lots mix people on foot with drivers backing out, cutting across spaces and pulling up to pumps. The driver who hit you, and the driver’s insurance, are the first claim. Our page on who is at fault in a parking lot accident explains how fault is sorted out. If the lot’s layout, missing signs or blocked sight lines played a part, the store or property owner can share the blame.
Curbs, wheel stops, potholes and lighting
Trips on broken curbs, loose wheel stops and potholes are premises claims against whoever controls the lot. That may be the franchisee, 7-Eleven, Inc., or a landlord, depending on the lease.
Stores will argue the hazard was open and obvious. In Weaver v. Speedway, LLC, 28 F.4th 816 (7th Cir. 2022), a federal appeals court applying Indiana law affirmed judgment for Speedway after a customer tripped on a curb whose yellow paint had faded, and held that the company’s own manual did not by itself set the standard of care (Weaver v. Speedway). Each state handles the argument its own way. In California and Washington your share of fault reduces your recovery; in Texas it bars recovery if it is over 50%.
Poor lighting matters in crime cases too. A Washington customer beaten in the parking lot of a Tacoma 7-Eleven brought the case that set that state’s rule on a store’s duty against crime (Nivens v. 7-11 Hoagy’s Corner). More on that on our robbery and assault page.
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Gas pump injuries
Many 7-Eleven stores sell fuel, and 7-Eleven also owns Speedway, about 3,800 stores bought in May 2021 (7-Eleven), and Stripes, bought from Sunoco in January 2018 and located mostly in Texas (7-Eleven via Franchising.com). Injuries at the pump include:
- Slipping on fuel or oil left on the pad.
- A driver pulling away with the nozzle still in the tank.
- Nozzles, hoses or breakaway fittings that fail.
- Fires at the pump.
Spills are the store’s responsibility to find and clean, under the same notice rules as an indoor spill (see our slip and fall page). Equipment failures can bring in the maker of the dispenser or nozzle. Burns from a pump fire are covered on our burn injury page.
What to do
- Photograph the spot: the curb, the pothole, the fuel on the ground, the lighting, the pump number.
- Get the driver’s information and the police report if a car was involved.
- Report it to the store and ask in writing for the outside and pump camera video.
- Keep your receipt or pump number to fix the time and location.
Deadlines and your share of fault
| State | Deadline to sue | Your own share of fault | Store’s notice of a hazard | Crime by a stranger |
|---|---|---|---|---|
| California | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) | Actual or constructive notice; a missed inspection can support an inference of notice (Ortega v. Kmart) | Sliding scale: guards need high foreseeability, simple steps are owed when a threat is imminent (Ann M.; Delgado) |
| Texas | 2 years (CPRC § 16.003) | Barred if you are more than 50% responsible (CPRC § 33.001) | Proof of how long the hazard was there is usually required (Wal-Mart v. Reece) | Five factors: proximity, recency, frequency, similarity and publicity of prior crimes (Timberwalk) |
| Washington | 3 years (RCW 4.16.080(2)) | Reduces the award, never bars it (RCW 4.22.005) | No notice needed when the way the store operates makes the hazard foreseeable (Pimentel; Johnson, 2021) | Duty against imminent harm and reasonably foreseeable crime, decided in a case against a Tacoma 7-Eleven (Nivens) |
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Related pages
- 7-Eleven injury lawyer
- 7-Eleven storefront crash lawsuits
- 7-Eleven robbery and shooting lawsuits
- 7-Eleven slip and fall lawsuits
- Parking lot accident: who is at fault?
Common questions
Who is responsible if I trip on a curb at a 7-Eleven?
Whoever controls the lot: the franchisee, 7-Eleven, Inc., or the landlord, depending on the lease. The store will argue the curb was obvious, so photos of the damage and the lighting matter.
A car hit me in the 7-Eleven parking lot. Who pays?
The driver’s insurance first. Your own uninsured or underinsured motorist coverage may apply if the driver has little or none. The store can share fault if the lot’s design or missing signs contributed.
Does this apply to Speedway and Stripes?
Yes. 7-Eleven owns both chains, and the same premises liability rules apply.
How long do I have to sue?
Two years in California and Texas, three years in Washington.
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7-Eleven injury lawyer — Beverly Law
If you were hurt at a 7-Eleven, Speedway or Stripes in California, Texas or Washington, talk to an injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Weaver v. Speedway, LLC, 28 F.4th 816 (7th Cir. 2022)
- Nivens v. 7-11 Hoagy’s Corner, 133 Wn.2d 192 (1997)
- 7-Eleven, Speedway acquisition (May 14, 2021)
- 7-Eleven via Franchising.com, Sunoco/Stripes (Jan. 24, 2018)
- Cal. Code Civ. Proc. § 335.1
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- RCW 4.16.080
- RCW 4.22.005
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.
