Downtown Los Angeles is chaotic for parking. In many instances if you work or visit the area you are forced to pay high prices of parking in very decrepit buildings. In such situations pedestrians are left vulnerable to injury. This is either from incidents where people are robbed, attacked, have the vehicle damaged, assaulted or hit by a car. This will cover the liability for various lots and what you can do to seek recovery.
In many scenarios you will have a basic receipt that indicates all liability is waived. Do not worry as this does not apply to all scenarios. It will likely apply to damage caused to your car by a random 3rd party. For example, if your car is broken into, but this is not an absolute rule. If the parking lot fails to have any security measures in place, this will not absolve them of liability. Continue reading for more info.
Liability waivers apply in certain situations, but they are not applicable where you have a parking facility that lacks any basic security. In many cases liability is not merely excused when the operator or the owner of the lot knows of various risks or dangers on the premises. In such cases a general waiver is not applicable. In fact, they would need to fully outline what you are releasing. A general release would not apply when the owner or operator is aware of the potential issues.
Parking Lot Assaults
In certain situations you will have individuals who are robbed or assaulted on the parking lot premise. The operator or the owner of the lot needs to provide specific security measures to ensure the safety of the individuals. For example, if the lot has a history of vagrants who hang around or lots of graffiti, or various other dangerous elements, it would be likely that notice would be required.
Notice is not always enough if the likelihood is high that an injury can happen. Owners or operators are required to take various steps to protect the safety of the customers using the lot. This includes roaming patrols, putting cameras, emergency calling options and adequate lighting.
However, you will notice that many lots in downtown lack many of the basic requirements. As such it becomes an environment where people can get seriously hurt or assaulted. As a parking lot operator, it is not sufficient or merely enough that you provide parking. You must act with care to ensure that the premises is safe and free from potentially hazardous conditions.
Parking Lot Improvements
When we take over these cases we work to establish a few different elements. First, we want to identify how many similar instances of the same type of injury took place. Whether it is an assault, vehicle damage or otherwise. Second, we look at the area for defects. Issues such as lighting defects, failure to have roaming patrols, failure to have speed bumps or lack of security features is another prime example of what we look for. We make sure to establish the pattern where the negligence of the owner is evident. This is critical in developing a case where the damages are given adequate recovery.
Freedom of Information Act
We utilize this request to understand how many calls to emergency personnel have been made. Has it been a few or many? This will help establish he grounds for your case. What type of calls were they? Who were the callers? Any prior lawsuits? If so for what? This is crucial in further establishing the value of your case and what it can be worth.
Most cases that involve complex issues, will require litigation to resolve them. This will allow us to take depositions of key parties with the parking lot operator. It will allow us to do discovery. It will allow us to make sure that the case is moving along smooth and without issues. Litigation is the heart of any case. Many firms will try and shy away from it for a few reasons. Mainly, because litigation is expensive. Litigation has a lot of challenges and many firms are not interested in taking on those challenges.
Understanding Case Value
Many times the value of the case is critical. You want to understand case value to determine if it makes sense to pursue the case. In many instances the case value is based on the attorney and team you have. That is what drives value. Along with the injuries and what you suffered. You must make sure that you hire a team that is capable and able to work on the case and will give it the appropriate type of attention. Do not assume you that the case is not valid. Do not trust the opinion of someone who tells you the case is not worth what you believe it is worth. Many times you will have firms or lawyers that are not willing to fight for your case. Do not believe what they tell you as far as value. If the work has been done on the front end, you can be sure the case will have value on the back end.