Atlanta Parking Lot Negligent Security Attorney for Injury & Wrongful Death

Parking Lot & Garage Negligent Security Attorney in Atlanta

Representing Injury Victims of Violent Crimes & Wrongful Death Due to Parking Lot Negligence

Most people don’t give much thought to parking when they’re going to work, shopping, or running errands. But parking lots and parking garages have many of the same risks involved as driving, including car crashes, vehicular damage, and even the security risk of being attacked.

Every year, injuries occur in parking lots, ramps, and garages throughout the Atlanta area. Criminal attacks, car crashes, and other violent crimes can leave victims with serious injuries in their wake, along with mounting bills and expenses. EHS reports that 500 deaths a year occur to drivers and pedestrians in parking lots and parking garages, and this figure does not include injuries and accidents that are suffered in non-vehicle-related manners.

What Is Parking Lot Negligent Security in Georgia?

Parking lot owners in Georgia are required to keep their parking facilities in good condition and provide adequate security for everyone who parks there. Under Georgia’s OCGA §51-3-1, property owners of all types of property – including parking garages – owe a duty of care to everyone they invite. This includes adequate security to reasonably protect their customers from criminal attacks.

Negligence in a parking lot or garage is a claim that falls under premises liability. If you are injured in a parking lot by a third party, your claim against the owner would be governed by those laws. The third party receives criminal charges, and will go through a separate criminal trial.

Dangers of Parking Lots

One of the most common parking lot dangers – and the one that surely comes to mind – is the risk of a car or pedestrian accident. While most parking lot accidents occur at low speeds, they still have the potential to be fatal – especially if larger vehicles like shuttles are involved.

But parking lots are also where we see many:

  • Slips, trips, and falls.
  • Assaults.
  • Robberies.
  • Shootings.
  • Physical fights (sports team rivals, gang members, nightclub patrons, domestic violence incidents, arguments over parking spots, etc.).
  • Carjackings.
  • Sexual assaults.

When a building owner fails in that duty to protect visitors, it can lead to serious injuries for an innocent victim. The parking lot owner can help prevent many of these incidents by making their property safer. The owner or occupier who neglected to provide adequate security in their parking lot or garage can be held liable for the victim’s injuries with a claim of negligence.

Proving Liability and Causation in Parking Lot Negligent Security Cases in Georgia

All property owners in Georgia are required to keep their premises safe for everyone who might be on the property, whether an employee, visitor, or vendor. Premises liability is the area of Georgia law that governs the safety and ownership of private property. When someone is injured on private or public property and files a lawsuit, the suit is governed by Georgia’s premises liability laws.

If a parking lot incident does occur, ranging from an act of sexual assault to a crash that causes injuries, it can be difficult to understand who is liable. It is important to note that the parking lot owner/manager may be held liable if their negligence contributed to the incident. The owner/manager of the parking lot may be found negligent when a dangerous condition existed on the parking lot or the potential for there to be an accident/criminal activity was understood; the parking lot owner/manager did not take action to correct the dangerous condition/prevent criminal activity; and the victim’s injuries could have been prevented but for the actions of the parking lot owner/manager.

For example, if a person is robbed or assaulted in a parking lot, the parking lot owner/manager could be held partially liable if the victim can prove that:

  1. The parking lot was dangerous (i.e. by virtue of being poorly lit, being located in a dangerous neighborhood, because incidents had occurred in the parking lot before, etc.).
  2. The parking lot owner/manager understood these dangers or should have understood them.
  3. The parking lot owner did not take action to remedy the situation, such as by installing lighting or hiring a security guard.
  4. The victim’s injuries would not have occurred had the parking lot owner/manager taken action.

Compensation and Damages Recoverable in Georgia Parking Lot Negligent Security Cases

Georgia has no limits on the damages you can recover for negligent security. Therefore, a plaintiff is free to request damages for the complete extent of their losses. This includes compensatory damages such as:

  • Medical expenses.
  • Lost wages.
  • Lost future wages.
  • Property damage.

Other damages include:

  • Pain & suffering.
  • Emotional trauma.
  • Loss of consortium.
  • Loss of enjoyment of life.

Working with an experienced attorney can help you recover financial compensation for your injuries and medical expenses due to parking lot and garage negligence.

Types of Injuries Suffered in Parking Lot Negligence Cases

  • Wrongful Death Case Icon
    Wrongful Death

    If a loved one died as a result of an injury from a violent crime or negligence of a parking lot owner, you may have legal cause to sue for compensation.

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  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Victims of gunshot wounds received in a garage or parking lot may be liable to receive compensation for medical bills, wages lost, and emotional damages suffered.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Parking lots and garages have a legal duty to protect their patrons. Victims of violent crimes in parking lots or garages should seek legal representation.

    Read More

  • Stabbings Case Icon
    Stabbings

    Stab wounds can range in severity, from minor to fatal. Victims of stabbing injuries in parking lots and garages may have the right to seek full and fair compensation in civil litigation.

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  • Broken Bones Case Icon
    Broken Bones

    Bone fractures can result in lengthy periods of medical care and significant losses, both financial and emotional. If the incident that caused a bone fracture occurred at a parking lot or garage, it’s essential to obtain legal counsel.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assault in Georgia are alarmingly pervasive, even in parking lots. Survivors are liable to financial compensation for actual physical losses and intangible emotional trauma.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Victims of physical assault experienced in and around parking lots & garages should consult with an experienced personal injury legal team in order to receive fair and just compensation for their injuries.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    If you or a loved one suffered a severe spinal cord injury after an attack in a parking garage, you may be entitled to compensation.

    Read More

Types of Injuries Suffered in Parking Lot Negligence Cases

  • Wrongful Death Case Icon
    Wrongful Death

    If a loved one died as a result of an injury from a violent crime or negligence of a parking lot owner, you may have legal cause to sue for compensation.

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Victims of gunshot wounds received in a garage or parking lot may be liable to receive compensation for medical bills, wages lost, and emotional damages suffered.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Parking lots and garages have a legal duty to protect their patrons. Victims of violent crimes in parking lots or garages should seek legal representation.

    Read More

  • Stabbings Case Icon
    Stabbings

    Stab wounds can range in severity, from minor to fatal. Victims of stabbing injuries in parking lots and garages may have the right to seek full and fair compensation in civil litigation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Bone fractures can result in lengthy periods of medical care and significant losses, both financial and emotional. If the incident that caused a bone fracture occurred at a parking lot or garage, it’s essential to obtain legal counsel.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assault in Georgia are alarmingly pervasive, even in parking lots. Survivors are liable to financial compensation for actual physical losses and intangible emotional trauma.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Victims of physical assault experienced in and around parking lots & garages should consult with an experienced personal injury legal team in order to receive fair and just compensation for their injuries.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    If you or a loved one suffered a severe spinal cord injury after an attack in a parking garage, you may be entitled to compensation.

    Read More

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Parking Lot Negligent Security FAQs

What Is Parking Lot and Garage Negligent Security?

Negligent security lawsuits involving parking lots or garages can be brought when the owner of the property fails to institute adequate safety measures on site, creating a prime opportunity for a third-party criminal attack.

Sometimes parking lots are owned individually. In Atlanta, parking lot owners can charge a premium for parking, particularly in popular districts or during major cultural events. But other entities like hotels, apartment complexes, amusement parks, resorts, convention centers, airports, gas stations, sporting venues, restaurants, nightclubs, and municipalities – they have an additional responsibility for the safety and well-being of their invitees who navigate attached or adjacent parking lots. When they fail to install adequate security, it puts those people at risk.

Larger venues may have massive parking lots, prompting owners to contract with third party security firms to patrol them. These sites also tend to be brightly-lit and monitored by security cameras. Some are gated and require a key fob or pin code to enter.

Whether the security measures in place are adequate really depends on the nature of the business, the crime level in the neighborhood, and whether there’s been a pattern of reported crime at that specific location. Because that is a fact-specific and often complicated question, it is critical that you work with a premises liability lawyer with extensive experience in negligent security cases.

Should I Pursue a Parking Lot Negligent Security Case?

Georgia premises liability laws require landowners to maintain the safety of their property so that it does not pose an unreasonable risk of harm to lawful visitors.

If you become attacked or injured as a result of a property owner or a business establishment neglecting to maintain a safe parking lot, you may have grounds to pursue a legal claim for monetary damages due to the losses you incurred. This can include compensation for medical expenses, lost wages, pain and suffering, and emotional anguish.

Who Is Liable For Incidents In Parking Lots and Garages?

When an accident occurs in a parking lot resulting in injury, the other drivers may be liable if you can prove they were negligent/at-fault. If the person who struck you was working at the time, their employer may be held vicariously liable for their negligence. In some cases, the vehicle owner may be held financially responsible, even if he or she wasn’t the one behind the wheel.

When a criminal assault occurs in a parking lot, you could potentially sue the person who attacked you for committing an intentional tort. If that defendant personally has ample assets, that route is absolutely worth it because you may even be able to collect additional punitive damages (per O.C.G.A. 51-12-5.1 specifically intended to punish the offender). But most times, the offender either isn’t known or doesn’t have personal assets worth pursuing. This is when third-party liability of the parking lot owner would be a valid question.

Parking lot owners or managers may be held liable when their negligence contributed to the incident – whether that’s a vehicle crash, a trip-and-fall, or a criminal assault. The owner/manager of the parking lot might be found negligent when:

  • A dangerous condition existed in the parking lot or there was evidence that guests could be at heightened risk of being crime targets;
  • The parking lot owner or controller failed to take action to correct the dangerous condition, institute adequate security measures, or warn invitees of the risk;
  • The victim’s injuries likely could have been prevented had the parking lot owner or manager abided their legal duty.

For example, if a person is robbed or assaulted in a parking lot, the parking lot/owner manager could be held partially liable if the victim can prove that:

  1. the parking lot was dangerous
  2. that the parking lot owner/manager understood these dangers or should have understood them; and
  3. that the parking lot owner did not take action to remedy the situation

Why Should I Hire A Civil Law Attorney For Incidents in Parking Lots?

If you are involved in a minor fender bender in a parking lot, you may not need an attorney’s help. If you didn’t suffer any serious injuries that required emergency treatment or hospitalization or time off work, it is plausible that you could work out a reasonable deal with insurers involved on your own. However, if your injuries are more severe, the stakes are higher – and the outcome shouldn’t be left to chance. Insurers will have attorneys working for them. You should too.

In the event of a negligent security incident, consider that parking lot owners likely made money by inviting you onto their property. With that invitation came the responsibility to keep you reasonably safe. Failure to initiate even basic security measures is a serious breach of their legal responsibility to you. A parking lot attack is an obvious crime. The accused, if caught, will likely face criminal charges from the state prosecutor. It may even result in a criminal conviction and possibly incarceration. But none of that results in compensation for you, the victim, for your physical, economic, and emotional losses. It also doesn’t necessarily mean anything will change for the next person who encounters the same potential dangers at that location.

A civil case empowers survivors to seek compensation for the full extent of their damages, including medical expenses, lost wages, and pain and suffering. It also offers an opportunity to hold negligent property owners accountable, so that what you endured is less likely to occur to someone else.

What Is The Georgia Statute Of Limitations For Parking Lot & Garage Civil Injury Claims?

Essentially, the statute of limitations means the amount of time you have from when the injury occurs until you must file a lawsuit. It is important to remember that your case does not have to conclude by the end of the statute, it just has to be filed before it ends.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring parking lot & garage personal injury claims forward. After those two years, a court will dismiss your claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything.

Due to the many complex factors which apply to the statute of limitations, victims looking to pursue a civil claim should contact a personal injury lawyer experienced in parking lot & garage injury cases.