South Florida Injury Lawyer Blog
Florida’s Premises Liability Law holds property owners accountable for injuries sustained by individuals when the injury occurs on their property, including in a parking lot or parking garage. However, the details of the case must fulfill the following four criteria:
- The property owner owed a duty of care (The individual who was injured was on the property legally)
- The property owner failed in that duty
- The individual sustained injury because of that breach of duty
- That injury can be proven in court
Injured in a parking lot or parking garage
If you are injured, you may be eligible for compensation by filing a personal injury lawsuit. Retain the services of an experienced personal injury lawyer, not just any kind of lawyer, because the legal field is extremely broad and attorneys need to specialize in order to provide the very best service for their clients. I specialize in personal injury because I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence.
Injuries sustained in a parking lot or parking garage may include:
- Physical assault
- Slip and fall
- Attempted or actual kidnapping
- Carjacking that results in injury
- Car accident
- Collision that causes injury
The key to winning compensation is in demonstrating that the owner knew or should have known about the potential for injury or assault and did not take sufficient precautions to protect visitors.
For instance, was there sufficient lighting? Were there cameras that could record activity throughout the site and was it posted to discourage criminal activity? Were signs clear, indicating the flow and direction of traffic in order to limit the risk to pedestrians and other vehicles? Were sufficient precautions taken to secure the vicinity against criminal intrusion? Are there security protocols or procedures in place?
These and many other questions will be answered in the investigation into your case. If we are able to demonstrate that the property owner and/or operator was negligent in protecting visitors, we should be able to win a settlement or court award that will compensate you for your pain and injury.
Automobile damage and theft in a parking lot or parking garage
Property damage or theft that does not result in an injury would not be considered a personal injury case, but the owner and/or operator of the facility may still be responsible.
If you park your car in a parking lot or garage in which you receive a ticket, you have created a contract, in which you transfer possession – but not ownership – to the garage. This is called “bailment.” You are the bailor, the garage is the bailee. The garage is now responsible for your property. Some establishments try to add words to the ticket, like “This ticket does not constitute a contract,” but adding those words does not nullify Florida law.
Negligent parking lot or garage owners who have not taken reasonable precautions to prevent property damage or theft may be held liable for losses, according to Florida Statute 677.204, which states in part:
(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
This statute, or another statute covering reasonable precautions, might also be applied to a store, entertainment venue, hotel, or other entity whose parking area does not collect a ticket, but which is still responsible for providing a safe environment for patrons.
These issues can be confusing. You deserve compensation for your injuries and loss of property, but you need to work with an experienced personal injury attorney who knows the law deeply and can harness the right legal strategies to get you the highest compensation for your claim. Contact me at (954) 448-7288, 24/7 from anywhere in Florida for a free consultation to see how I can help you.