Parking lots might not seem like it, but they are a common place for crashes. Especially since pedestrians and drivers are often in the same place, these can often involve people being hit on foot. Parking lots and parking decks/garages can also be a place for crime and assault, leaving victims with potential lawsuits. But who is responsible?
In a crash between two drivers or a driver and a pedestrian, the driver who failed to look, was speeding, or otherwise violating typical safety rules would usually be at fault. If this was a parking staff member, the lot itself might be liable. In other cases, the dangerous setup of the parking lot might be the cause of crashes or assault, leaving the parking lot potentially liable.
For help with your injury case, call The Carrion Law Firm’s NYC personal injury lawyers at (718) 841-0083.
Liability for Crashes in Parking Lots and Garages
When analyzing any car crash, you need to look at who did something wrong to cause the crash. Usually, this would mean looking at traffic laws to see who violated the law, and then holding them liable. However, traffic laws don’t usually apply on private property.
That means that, instead, we usually need to look at reasonableness. Whichever party was acting unreasonably to cause the crash can be liable. This can involve partial liability to multiple parties, too.
The Pedestrian
Unfortunately, pedestrians can be blamed for their own injuries. However, this doesn’t always stick. The defense would need to show that you stepped out into traffic, you were looking down at your phone, or you otherwise acted unsafely to put yourself in danger.
This is not that common, especially since the driver usually does something much worse by comparison.
Drivers
If a driver was doing something dangerous when they hit you, they can be held liable for the accident. This usually involves these kinds of issues:
- Inattention while they are too busy looking for a space, fumbling with payment, or otherwise not looking at the road
- Speeding
- Failing to yield to another car or a pedestrian
- Wrong-way driving
- Following too closely
- Not looking while backing up.
Traffic laws might not apply because you are not on a public road, but the same kinds of issues – like speeding or failing to stop at a posted stop sign – can lead to liability for being generally unsafe.
Parking Lot Staff
Many parking lots require attendants to park rather than allow self-parking. Parking lots do this because the areas are so tight that they do not want random drivers scratching other cars and then potentially driving off to avoid liability.
However, that means that the only drivers in the parking lot who could hit you would be parking lot staff. If they crashed into you while working, the parking lot would be liable for what their employees did.
The Parking Lot/Garage
Poor parking lot or parking garage design could lead to limited lines of sight or blind corners that make driving dangerous. Unreasonable dangers could make the parking lot or parking garage share liability for a crash.
Liability for Slip and Falls and Other Premises Liability Accidents
Parking lot and parking garage owners are responsible for their premises, especially where their customers are going to walk. This makes them responsible for dangers like…
- Uncleared ice and snow
- Dangerous steps covered in trash, leaves, or ice
- Unlit walkways and stairways
- Broken handrails
- Dangerous, unmarked drop-offs and uneven surfaces.
The typical requirement here is that the property owner make the premises reasonably safe for customers, or else provide adequate warnings of dangers. If they failed to meet these requirements, and that caused your injury, our Queens personal injury lawyers can help you sue them.
Liability for Assault and Sexual Assault in Parking Lots
Parking lots and garages are often dark, secluded places. Criminals looking to harm people may take advantage of these conditions, but the fact that they intended to hurt you doesn’t necessarily absolve the property owner of blame.
Parking lots and decks should not be accessible to outsiders, and parking lot staff should take steps to monitor the area and keep out potential lurkers or criminals. Failing to provide this reasonable security could make them liable for crimes that happen on their premises.
Proper security usually involves providing at least the following, where applicable:
- Security cameras
- Restricted entry (passes, tickets, or buzz-in required for entry)
- Clear lines of sight so you can see dangerous people coming and respond accordingly
- Proper lighting.
The individual who assaulted or sexually assaulted you might still be responsible for their own actions, but the parking lot could share liability. In these cases, the jury determines how much each party is liable and what amounts they each pay.
Do Parking Lots Have Insurance?
Operating any business can be expensive, especially with potential lawsuits on the line. Parking lots, parking decks, and parking garages typically have insurance to cover liabilities and accidents in the course of their business.
That means that when you are injured in a parking lot, it is usually the parking lot’s insurance company we will deal with. We can potentially settle your case for a fair amount without needing to go to trial if the insurance company is willing to pay. If they refuse, going to trial is still an option even though insurance is involved.
Are Parking Lot Waivers and “Park at Your Own Risk” Rules Enforceable?
Many parking lots try to introduce waivers or post signs saying that you park “at your own risk.” This is usually an attempt to dodge liability for theft or break-ins, and it might not be worded in such a way as to include physical injuries in the first place.
For a waiver to be enforceable, it also typically needs an explicit agreement. A fine-print line on the back of your parking ticket saying “By using this facility, you agree to…” might not include any true “meeting of the minds” that can be pointed to as a real waiver. Additionally, the language might be improper or against public policy, making enforcement impossible.
In any case, our lawyers would need to review any purported waivers to assess their enforceability against your claim.
Call Our NYC Parking Lot Injury Lawyers Today
Whether you were injured in an accident, a slip and fall, or an assault, call The Carrion Law Firm’s Long Island personal injury attorneys for a free case review at (718) 841-0083.