Hello and welcome to the legal help center for vehicle storage facilities mishaps. Our seasoned staff helps people with recovery from injuries from parking structures.
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Ehline Law Firm personal injury attorneys specialize in these types of scenarios. So we created this page to assist individuals. We hope it helps in educating them about their rights under tort and contract law.
This is despite the fact people storing their car receive a ticket that says: “We assume no responsibility,” etc. When keepers don’t keep the parking structure in a safe condition, they are accountable. So now they can get named in a premises liability lawsuit.
These incidents can be caused by:
Also, there are many ways they can happen. But you will need a parking structure injury attorney by your side eventually. Ehline Law Firm has recovered tens upon millions of dollars for wounded victims and their families in cases like this.
So the well-being of others became harmed when they entered the premises in question. The law and definition of premises liability can vary between jurisdictions.
As discussed above, there seems to be a lot of confusion over these pieces of paper. These get chugged out of the parking voucher dispensers at airports. Also, they come out of other storage houses for cars, containers, and other vehicles.
And this usually happens when the structure is full of vehicles. Obviously, its heavier weight, when fully laden, sees the plethora of problems that can arise.
Imagine a heavier vehicle beginning to navigate up and down the successive stories.
In other cases, a building could collapse during a low magnitude earthquake.
In all cases, there is definitely property damage and a tort claim. And this is typical of the legal action that could arise out of these types of cataclysms. Anytime the structure itself, or part of it, has failed or imploded, there is a potential case.
The property owner, or landlord, is legally responsible for proper maintenance of parking areas.
The same goes for:
And they should also place parking barricades and safety barriers.
When there is a lack of proper care taken, there can be severe injuries or wrongful fatalities. Mostly there are due to the negligence, misfeasance, malfeasance, and nonfeasance of another.
Like when a woman gets raped or assaulted going to or from her car, certain cases are tort scenarios. Bad security may also mean a man gets mugged. Also, these are well known to the public at large from movies and news stories. So yes, you can sue the landlords in many cases. But you need to call Ehline Law Firm and learn more.
This raises the above issue of negligent provision of security.
But they are in a dangerous area. No, there is no way a person can waive their right to a safe ingress or ingress.
But none the less, defenses as follows are available:
A Bailment is Defined as:
The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.The term bailment is derived from the French bailor, “to deliver.” It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms… (Source.)
In California, especially in LA, this happens a lot as follows:
Ok. That’s an often asked question. Let’s address this like a lawyer.
Enter the disclaimer.
dis·claim·er disˈklāmər/ noun noun: disclaimer; plural noun: disclaimers
1. a statement that denies something, esp. responsibility.“the novel carries the usual disclaimer about the characters bearing no relation to living persons”synonyms:
As you can see above, this language of “disclaimer” is a wrench thrown into a successful property damage claim.
But what about the theory of bailment above? How about that it goes against California’s public policy? Courts don’t allow people to disclaim their negligence rights.
So while moving it back and forth during parking, how can they not become held legally liable?
So they say it may impart adequate notification to patrons. Hence, they knew the garage would not assume any responsibility for property damage.
But even in those cases, some courts decided that there is never a waiver of direct liability for your own acts. So unless it got consented to, it’s a no-go.
So they could not even disclaim third-party liability in that case. But remember, there could also be a sign or other posted warning, right?
However, most courts look at all of this on a case-by-case basis. And we could find no bright-line case that was on point. So as it stands, it is a wobbler. A garage may or not get out of liability for its own negligence on a case-by-case basis.
Although we did discuss what happens when a premises owner or controller fails to act in the face of known dangers, this section deals with the challenge of what happens.
And also, how exactly does an owner or controller engage in a particularly hazardous activity?
Suffice it to say that when an explosion or fire does happen, the controller or owner will typically assume a heightened duty of care. And this is true, even when confronted with a trespasser getting hurt at the manufacturing plant.
So let’s say, for example, the structure stores dangerous construction equipment. In that case, a duty to warn exists.
And this is also to be a caveat to potential uninvited and guests. There would more than likely be a duty to barricade the danger zone.
Next, a duty exists to get it fixed, right? Yes, this is true. Also, smart landlords will do so before a gaggle of patrons rolls through or a child gets harmed or killed. Do you understand this so far?
Many personal injuries can occur in a parking structure accident. So they can come from:
But imagine rain puddles combined with a greasy garage floor. Something like this can cause an occupied vehicle to careen off of a ledge, to its doom.
Also, this can mean that injuries will involve the:
Sometimes these trips and falls cause broken bones, cuts, and gashes. So these are dangerous places when not kept in proper repair.
Of particular interest, the owner or landlord often gets held accountable for negligence. Almost always, it is for failing to provide a safe environment. But they are only liable for foreseeable types of circumstances. So this is another reason you should get legal help.
Under California premises liability, an owner or controller is in lawful possession when:
California has done away with the distinction between “invitee,” “licensee,” or “trespasser.” When pinning down legal liability, we look to reasonableness. The term “premises” includes land, premises, or places of business in the definitions below. The term “possessor” means the person in possession of the premises.
(a)Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, wilfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill required by this section. The extent of liability in these cases gets defined by the Title on Compensatory Relief. (Source Ca Civil Code Sec. 1714.)
Under the California rule, a possessor of property is liable for all physical damages. Also, liability attaches if the condition or defect caused an injury. So if it’s on the premises, and the plaintiff establishes the owner failed to maintain or inspect, liability is present.
Owners must reasonably manage their premises. So liability exists unless the person injured willfully caused the harm to themselves. And this was despite the damage presented. (See, e.g., Buehler v. Alpha Beta Co. (1990) 224 Cal. App. 3d 729.)
So what this means to you as an injury victim is that a garage owner knows about the defect. Did he know that one of the parking spaces got splashed with leaked oil? (but would not appear to be oily or slippery due to poor lighting, trash on the floor, etc., to a reasonable visitor, with no prior knowledge).
In that case, the premises owner or controller may be liable to a guest. But the guest must be without notice of the danger. Then he or she had to suffer an injury from the danger.
The best defense for a parking garage owner to a victim who used to be the victim was a “trespasser.” And this is because the least legal protection got extended to the trespasser.
Traditionally defendants didn’t have to establish that trespassers had unlawful intent. The only exception was that if the owner was actively negligent. But this rule got abolished under the Rowland v. Christian case (69 Cal. 2d 108 (1968).)
When you have become injured or suffered a fatality in a parking structure, Ehline Law Firm can help. Most of all, we have the resources and experience.
Also, these resources include experts that can help to build a winning lawsuit. So all that we do is to ensure that the injured victim or family will recover fair compensation.
Speak to an attorney today at Ehline Law Firm Personal Injury Attorneys, APLC if you wish to receive superior results for your parking structure accident claim. Use our website contact form, or call us at (213) 596-9642. We are eager to receive your important call and speak with you 24 hours a day, seven days a week.
Evolving Liability for Design-Build Contracts: The Perfect Storm of Conflicting Interests By Joel B. Castro:https://www.defectlaw.com/pdf/Understanding%20Design%20Build%20Contracts%20JBC1.239.pdf Risk Allocation in Design-Build Construction: