Unsafe Premises

Q: I was assaulted in a parking garage? Do I have a case against the garage owners?

A: If the negligence of the garage owners or managers contributed to your having been assaulted, then you do have a case. Parking garage owners and managers are negligent if they do not take reasonable steps to protect the users of the garage. Some examples of unsafe parking garage practices include inadequate lighting, no or insufficient security personnel, ignoring a history of crime in the garage, failing to have measures such as security cameras and periodic sweeps by security staff, to discourage crime. There can be other negligent practices as well, depending on the circumstances of the particular garage. If you have been assaulted in a parking garage, chances are that better safety practices by the garage owners could have prevented the attack.

Q: I have heard that lawyers do not like to accept "slip and fall" cases. Is that true?

A: It depends. "Slip and fall" is shorthand for a wide variety of cases when a person slips or trips over an object, falls down and is injured. The conventional wisdom is that they are bad cases for lawyers because jurors have a bias that people should watch where they are going. But not all slip and fall cases are alike. If a property owner fails to take simple and reasonable steps to prevent fall-down hazards on his property, then he should be held accountable. Examples might include failure to put lights in stairwells, allowing pavement to buckle creating tripping hazards, loose carpeting on stairs, slippery surfaces without treads or warnings, especially in natural walking pathways. The obligation to reasonably protect people from slip and fall dangers on one's property is especially heightened for owners of commercial property. After all, owners of commercial property usually invite people onto their property for the purpose of profit. It is only fair that they have an obligation to take reasonable measures to keep people from getting hurt.