Finding Fault in Parking Lot Attacks

Parking lots are the ideal location for many sorts of petty criminals to prey on victims; isolated, sound-proof labyrinths with few exits and many deserted corners. A parking lot's safety is a combination of the type of parking lot in question, the history of crime in and around the parking lot location and whether certain locations within the parking lot are more conducive to crime. Damages from certain acts may be covered under premises liability law, but only a professional attorney can determine whether or not you have a right to compensation.

The type of parking lot has an impact on the amount of crime because certain structures, such as large, multi-level or subterranean lots, have many dividing walls, pillars and elevation changes that create the blind corners and poor visibility ideal for committing a crime. On the other hand, flat, open lots surrounding shopping centers give criminals the opportunity to keep an eye out for security guards and provide many options for escape. The lighting inside or around a lot also plays a part in parking lot attacks.

Most parking lot attacks involve some form of property theft such as purse snatching, violent personal robbery, a carjacking or abduction. Although the criminals who perpetrate parking lot attacks are clearly those directly responsible for the attack, other parties may be held liable under personal injury and premises liability laws.

Many studies have shown that there is a causal relationship between the level of criminal activity in a parking lot and the design and management of the parking facility. For example, bright lighting provides a more secure atmosphere, deters crime and is considered to be the most important security feature in a parking garage. If you were attacked in a poorly-lit parking lot, the organizations or individuals responsible for the security and lighting of the parking lot may be considered negligent in their duty to uphold a reasonable standard of care and held liable, in part, for the attack.

Formerly, businesses were not considered in any way responsible for criminal activity on their property if they had no direct involvement and did not know or should not have known that the criminal acts were about to occur.

However, in the late nineties the Supreme Court of Tennessee ruled that Wal-Mart was liable for the death of a patron who was kidnapped in their parking lot and subsequently killed by the kidnappers. Her husband sued, and his lawyers argued that Wal-Mart was negligent in their duty to take reasonable steps to keep their Memphis lot secure, given the crime level of the area.

If you have been attacked in a parking lot, it is crucial that you contact a personal injury lawyer familiar with personal injury and premises liability law to review your case. It may very well be that the owners or managers of the parking lot in which the attack occurred can be considered legally partially responsible for the attack and the costs of any damages that resulted.