If you need parking at the airport, at a shopping mall, at a hospital, at work, or at the center of a busy town to access the many retailers there, you may pull your car into a parking garage. These parking facilities often have multiple levels that go up and up, until sometimes you’re parking on the roof deck. On whatever level you find a spot, it often means walking quite a distance to get to a stairwell or an elevator to get you back to the ground floor.
When you’re walking through these large, concrete structures, you shouldn’t have to worry about where you step. You’re likely more concerned with watching the traffic and line-up of cars next to you and avoiding being struck by one of them. The slip and fall attorneys at Peterson Law Firm know that parking garages can be a dangerous place for pedestrians, particularly when there are defects in the flooring and infrastructure. We understand that when you slip and fall in one of these garages, you may be confused about who’s liable for your injuries. Here, we discuss parking garage slip and falls and what to do if you’re hurt while walking in one.
Common Causes of Parking Garage Slip and Fall Injuries
There are many reasons a person can be injured walking through a parking garage that have nothing to do with being hit by a car. Here are some of the most common causes of slip and fall accidents in a parking garage:
Grease and Oil Puddles
Motor oil and grease spills are major slip hazards in parking structures. Even small fluid leaks from cars can accumulate over time, creating treacherous conditions that may go unnoticed until someone falls. These hazards hide in plain sight and are often:
- Nearly transparent, making them hard to see against the pavement
- Spread out in random puddles across a wide swath of cement
- Hidden under parked vehicles, so maintenance crews often overlook them, focusing on larger debris or other hazards
These oil and grease puddles are slipperier than many other types of liquids due to their unique chemical properties. These substances can:
- Attach to shoe soles and spread with each step, making it harder to regain balance
- Repel water, so conventional cleaning methods are ineffective at removing the residue
- Remain slick, leaving behind a fall risk until properly cleaned up
- Interact with dust and dirt particles, creating a slimy sludge that's extremely slippery
When these substances coat high-traffic pedestrian routes like walkways, ramps, and stairwells, the slip and fall danger multiplies. Additionally, grease and oil spills on parking garage floors are difficult to contain and clean. They seep into cracks, potholes, and pavement seams, spreading beyond the original spill zone, flow downhill across a slightly angled garage floor, leaving a long streak of slickness. They can also drip down through open spaces, grates, and utility holes to contaminate the level below. These grease spills can remain slippery for days or weeks, especially in cold temperatures.
Potholes and Broken Concrete
Heavy vehicles and constant traffic take a toll on garage parking surfaces. Potholes, cracks, and broken concrete can cause a pedestrian to catch their foot on the hazard and stumble and fall. Wheel stops and speed bumps can also be tripping hazards if they're damaged or poorly marked.
Poor Lighting
Inadequate lighting is a serious safety issue in many parking garages. Burnt-out bulbs and dim fixtures make it difficult to spot potential hazards on the ground. Stairwells and pedestrian routes are especially dangerous when poorly lit. Even during the day, dark corners conceal risks.
Inclement Weather
If there is a roof or top deck where visitors must park outside, inclement weather can be a serious hazard. If the weather is dicey, and there’s snow and ice, these rooftop parking areas can quickly become slippery and dangerous. It’s important that garage parking owners address these slick surfaces with salt and/or warning signs.
Liability: Who’s Responsible for Parking Garage Falls
Liability for a parking garage accident depends on the nature of the incident. Many incidents are premises liability cases, which hold the property owners responsible for injuries caused by unsafe conditions on their premises. A property owner or manager can be held liable if a visitor to their parking garage is harmed due to negligence.
To prove that a property owner was negligent, you must present evidence of the following four elements:
- Duty of care. The defendant owed a duty of reasonable care to the visitors
- Breach of duty. The defendant breached that duty through their negligence.
- Causation. The breach directly caused the accident and harm to the plaintiff.
- Damages. The plaintiff suffered compensable damages.
An example of negligence might be a parking garage owner who knew about a large pothole in the pavement on the second level but failed to address it. If a pedestrian, walking through the garage on their way to an appointment, twists their ankle or breaks a leg by stepping into the pothole, and it results in a serious injury, the property owner may be held liable.
Liability depends on who owns, operates, or maintains the garage. It may be a private property owner, a commercial business operating a public garage, a municipality or government entity, or a third-party contractor responsible for maintenance.
A Property Owner’s Responsibility for Parking Garage Safety
Parking garage owners and operators have a legal duty to find and fix hazardous conditions, make timely repairs, and perform regular maintenance on their garages. This work includes the following:
- Fill and seal potholes and cracks
- Clean up oil spills and other slippery spots
- Fix broken curbs, speed bumps, and concrete
- Replace missing or damaged handrails
- Repair light fixtures or place new ones
- Use bright light in areas where pedestrians walk
- Replace defective or burned-out bulbs
- Provide emergency lighting for power outages
Sometimes, parking garage hazards can’t be repaired immediately. In those cases, owners need to provide clear warnings of the dangers by:
- Painting the edges of potholes with bright paint or bright-colored tape
- Posting warning signs near spills or wet floors
- Placing cones and barricades to block unsafe areas to detour pedestrians around them
What to Do After a Parking Garage Slip and Fall
Seek Medical Attention for Any Injuries
Your health and safety should always be the first priority. Even if you feel okay after a fall, some injuries take time to develop symptoms. It's best to get checked out by a medical professional right away—for your wellbeing and to connect the injury to the incident.
Report the Accident to the Property Owner
Notify the parking garage owner or manager about your fall as soon as possible. Insist that they create a written report with the date, time, location, and circumstances of your accident. Get a copy of this report for your records. If they won't provide one, write down everything you remember about your slip and fall.
Document Everything You Can
Photographs of the accident scene can provide valuable evidence for your claim. Take pictures of the hazard that caused your fall, such as a pothole or oil spill. Capture any poor lighting, missing safety features, or inadequate warning signs. Write down contact info for any witnesses.
Contact Our Experienced Slip and Fall Attorneys
Parking garage injury claims can be complex, often involving multiple liable parties and insurance companies. Our experienced lawyers can protect your rights and help you recover full compensation for medical bills, lost wages, pain and suffering, and other damages.
Contact Peterson Law Firm for Your Slip and Fall Claim
If you've been injured in a parking garage slip and fall accident, the premises liability attorneys at Peterson Law Firm are here to help. We will discuss your situation and whether you may be entitled to compensation for your damages. If the property owner of the parking garage failed to keep the property safe and was negligent in your slip and fall accident, you may have grounds for a legal slip and fall claim. Read our case results to learn how we’ve helped other clients after their slip and fall accident.