Some of us use parking garages from time to time, while others leave their cars in a secured garage on a daily basis. No matter how often you park your car in a private garage, you expect that the people working at these places are professional and respectful individuals.
Unfortunately, there are many cases of parking lot attendants who are inexperienced, aggressive, and lacking in good judgment. In essence, they are not fit to work with the public, especially in situations where an argument may arise between themselves and a customer. As a result, a parking garage attendant may end up assaulting someone and leaving them with serious injuries.
Did you sustain injuries from an assault and battery incident with a parking garage attendant? The personal injury lawyers of Normandie would like to advise you or your rights and the legal actions that are available to you. Call us today and let us fight for you and the compensation you deserve from a parking garage attendant assault and battery lawsuit.
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Your Right to Sue for being Assaulted by a Parking Garage Attendant
When it comes to assault and battery incidents, people are often confused about who you can go after in a lawsuit. Are you only allowed to sue the parking lot attendant that attacked you, or can you go after the owner of the parking garage, building, etc.?
In most of these cases, the claim is filed against the employer of the parking garage attendant. This may be a company that owns a free standing parking garage or the owner of a building that the garage is attached to. While they did not commit the act of violence, they may be liable for the harm caused by their employee if they failed to take certain measures to protect the public from a dangerous individual.
A property owner / employer’s duty of care to others includes many different tasks when it comes to an employee’s conduct. Unfortunately, many things can slip through the cracks when it comes to hiring, supervision, and retention of parking garage attendants. Below are examples of negligence that can be used as grounds for a lawsuit against the parking garage owner:
- Failure to conduct thorough background checks on job applicants
- Hiring an applicant with a history of violence and other issues that can endanger others
- Ignoring or failing to investigate claims of aggressive behavior and other inappropriate conduct
- Not having surveillance cameras on the premises in case there is an incident of physical or sexual assault
- Retaining an employee that has previous incidents of physical force / excessive violence against others
Should I File a Police Report?
Yes, we absolutely encourage you to call police immediately and file a report if you were beaten up by a parking garage attendant, or anyone else, for that matter. Please note that filing a report does not obligate you to file charges or seek criminal prosecution. Filing a police report is meant to establish an official record of what happened to you, which is important in the event you choose to file a lawsuit. But taking any kind of legal action is ultimately up to you.
You have the right t file a personal injury lawsuit, even if you don’t go through with a criminal case. If you do, whether your attacker is found guilty or not has no bearing on a civil case. That means you can file a claim for monetary damages, no matter what happens in the criminal courts.
If you have any questions or concerns about your legal rights as an assault and battery victim, contact us 24 hours a day, 7 days a week.
Monetary Damages from an Assault and Battery Lawsuit
Compensation from a lawsuit does more than cover the cost of medical bills in the aftermath of an accident or physical assault. For example, you can ask for the value of income that’s lost from your job because of your recovery needs. In addition, you are likely to have on-going physical pain and emotional trauma as a result of the attack, and you can seek payment for these issues as well. Here is a list of damage that may be recovered on your behalf:
- Medical expenses, including future medical costs if you are disabled / seriously injured
- Lost wages due to your medical needs
- Lost earning capacity (for reduced ability to work / earn an income)
- Pain and suffering
- Emotional distress / mental anguish
- Property damage
- Punitive damages
- Cost of hiring an assault and battery lawyer
What is the Deadline to Sue for Assault and Battery by a Parking Garage Attendant?
The statute of limitations to sue for physical assault in California is 2 years following the incident date. In limited cases, the courts may allow you to file a lawsuit even if you are past the normal deadline. However, you would have to show exceptional circumstances where taking legal action within the 2-year period was not possible. Thus, most people are bound by the time limit of 2 years if they wish to file a parking lot attendant assault and battery claim.
Based on the ownership of the parking garage, you may have less time to file a lawsuit. For example, properties owned by public entities, like a city or county agency, are protected by the California Tort Claims Act. As a result, claims for injuries on publicly owned and/or operated properties must be filed within 6 months. These claims have very specific procedures and time limits, which you can learn about during a free consultation at our law firm.
Regardless of how long you have for a lawsuit, the key is to initiate the legal process right away, so that you can recover the damages you deserve in a timely manner.
Why You Should Contact a Parking Garage Attendant Assault and Battery Lawyer
Though it may seem obvious to you that you are the victim, proving this to the insurance company can be quite challenging. Plus, it’s in their interest to minimize their client’s liability and pay you the lowest amount, or find a way to deny your claim altogether. Without an experienced assault and battery lawyer, it will be difficult to obtain surveillance footage, witness accounts, expert testimony, and other evidence to prove that you were physically assaulted by a parking lot attendant without legal justification.
Along with building a solid case, our lawyers have decades of experience in negotiating high settlements and court verdicts in favor of our clients. Without a skilled lawyer fighting for your interests, you are likely to end up with little beyond your immediate medical bills. We want you to recover all the damages you are entitled to, like pain and suffering, lost wages, and emotional distress.
For more information on how an assault and battery attorney can be of help to you, contact the offices of Normandie Law Firm.
Do You Need a Second Opinion on Your Case?
Are you frustrated by the lack of communication from your law firm? Does it seem like it’s taking way too long to settle your case or make any progress at all towards a settlement? Do you suspect that your lawyer is lacking the skill and experience to bring about a successful resolution to your case?
These are common concerns when you are in the middle of a personal injury claim. That’s why we are happy to offer second opinion completely free of charge if you have a pending parking garage attendant assault and battery case. All you have to do is contact us and schedule a free second opinion consultation at a time that works for you.
Our goal is to provide you with an honest assessment of your rights and legal options and let you decide on the right course of action for yourself. Thus, there is no pressure to switch lawyers, as staying with your current lawyer may be for the best. However, if you would like us to take over your lawsuit, we will handle the transfer process from start to finish at no cost to you.
Free Legal Services for Assault and Battery Victims
We have always stood by the principle of making ourselves available to assault victims, regardless of their ability to afford an attorney. That’s why we provide you with the Zero Fee Guarantee from start to finish, meaning you pay nothing to hire a lawyer who can sue for assault by parking garage workers. Instead, we add legal fees to the amount we demand from the negligent party, so we only get paid by winning your case.
With nothing to lose, we hope you will take the chance of contacting us today and talking to one of our legal experts during a free case review.
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