Can You Sue if You Fall in a Parking Garage?

Frequent Causes of Parking Garage Injuries

Parking garages, while convenient, can be hazardous due to several reasons. Here are some of the most frequent causes of injuries:

• Slips, Trips, and Falls: Wet floors, oil spills, and poorly maintained surfaces are common in parking garages, and these hazards can lead to slips, trips, and falls, resulting in serious injuries such as fractures, sprains, and head injuries.
• Poor Lighting: Insufficient lighting will make it difficult to see obstacles or hazards, increasing the risk of accidents. Dark or poorly lit areas can also make people more vulnerable to assaults.
• Faulty Design or Maintenance: Structural issues, such as uneven surfaces, broken stairs, and malfunctioning elevators, can cause accidents. Poor maintenance can exacerbate these problems, making the environment even more dangerous.
• Vehicle Collisions: Tight spaces, sharp turns, and limited visibility in parking garages can lead to vehicle collisions. Pedestrians are at risk of being hit by cars backing out of spaces or navigating through the garage.
• Security Lapses: Inadequate security measures can lead to criminal activities such as thefts, assaults, or carjackings, putting individuals at risk of physical harm.

Determining the Validity of Your Injury Case

Not every parking garage injury will result in a successful lawsuit. To have a valid personal injury case, several factors must be considered:

• Negligence: You must demonstrate that the injury was due to someone else's negligence. This could be the parking garage owner, a maintenance company, or another driver. Negligence could involve failing to maintain safe conditions, ignoring known hazards, or not providing adequate security.
• Duty of Care: You need to show that the party responsible had a duty of care to ensure your safety. Property owners and operators typically have this duty to maintain their premises and keep them free from hazards.
• Causation: Your personal injury attorney will have to establish a link between the negligence and your injury. Medical records, witness statements, and surveillance footage can help prove this connection.
• Damages: You must have suffered damages because of the injury. This can include medical bills, lost wages, pain and suffering, and other related expenses.

Time Frame for Filing Your Personal Injury Claim

In many areas, the statute of limitations for a personal injury claim is generally three to six years from the date of the injury. This means you have a limited window to file your lawsuit. However, there are exceptions to this rule:

• Discovery Rule: In some cases, the clock starts ticking when the injury is discovered rather than when it occurred. This is particularly relevant if the injury wasn't immediately apparent.
• Government Entities: If your claim is against a government entity, such as a public parking garage, the time frame is shorter. You typically have about three months to file a notice of claim.
• Minors and Incapacitated Individuals: The statute of limitations may be extended for minors or individuals who are legally incapacitated at the time of the injury.

Additional Considerations for Parking Garage Injury Claims

Beyond the basics, several additional factors can impact your ability to sue and the potential outcome of your case:

• Comparative Negligence: If someone is partially to blame for their injury, their compensation could be reduced by their percentage of fault. So, if you were distracted by your phone when you slipped, you might be deemed partially responsible.
• Insurance Coverage: Insurance policies of the responsible parties can affect your claim. This includes the parking garage owner's liability insurance, the maintenance company's coverage, and the driver's auto insurance if a vehicle was involved.
• Evidence Preservation: It’s critical that you preserve evidence for a successful claim by taking photographs of the accident scene, obtaining witness contact information, and securing any available surveillance footage.
• Medical Documentation: Comprehensive medical documentation can help prove the extent of your injuries and their level of impact on your life. This includes medical reports, treatment plans, and records of any ongoing care you require.

Are You Looking for a Qualified Personal Injury Lawyer?

If you've been injured in a parking garage, call the Law Offices of Andrew Zeytuntsyan. We specialize in personal injury cases, including parking garage injuries. Our team is committed to thorough investigation, aggressive representation, and compassionate client care. Reach out for a free consultation with a local personal injury attorney in your area.