A trip to a Brooklyn parking garage shouldn’t end in a financial crisis. But a serious injury caused by an unsafe condition can do just that. Suddenly, you’re not just coping with physical pain—you’re watching medical bills pile up while being unable to work and earn a paycheck. The stress of figuring out how to cover your rent and support your family can feel like the heaviest burden of all.
The good news is that you may not have to bear this financial strain alone. New York law requires property owners to keep their premises safe, and when they fail, they can be held financially accountable for the harm they cause. Identifying who is liable for your injuries is the most important step toward getting the compensation you need to pay your bills and get your life back on track.
When you get hurt on someone else’s property due to an unsafe condition, the legal concept that often applies is called premises liability. In simple terms, this means that property owners and operators have a legal responsibility, known as a “duty of care,” to keep their premises in a reasonably safe condition for people who visit. They must address known dangers and should regularly inspect the property to discover and fix potential hazards.
For a parking garage in Brooklyn, this duty is significant. A garage owner can’t just ignore a leaky pipe creating a slick spot on the floor or a burned-out light bulb in a dark stairwell. They are expected to take proactive steps to prevent foreseeable harm. If they fail to meet this standard and someone gets hurt as a result, they may be considered negligent and held financially responsible for the injuries.
Determining who is liable for an injury in a parking garage can be complex because several different parties could be involved in the garage’s ownership and operation. Identifying the correct party is a critical first step in pursuing compensation.
The individual, corporation, or real estate group that owns the physical structure is often the primary party responsible. They have the ultimate duty to ensure their property is safe for public use.
The owner’s responsibility is foundational, even if they delegate daily tasks to another company.
Many large parking garages, especially those in busy areas like Downtown Brooklyn or Williamsburg, are operated by a third-party management company. This company’s contract with the owner typically outlines its specific duties regarding day-to-day operations and safety.
If a management company’s employee was negligent—for example, by failing to put up a “wet floor” sign after mopping—the company could be held liable for a resulting injury.
Some parking facilities are owned or operated by a government or public authority, such as the City of New York or the MTA. If you are injured in a municipal garage, the process for holding the government accountable is different and has stricter rules.
In New York, you generally must file a formal Notice of Claim within 90 days of the incident to preserve your right to file a lawsuit later. These deadlines are extremely strict, making it important to understand your rights quickly.
Sometimes, an injury is caused by the negligence of an outside company hired to perform a specific job in the garage. This could be a construction company doing renovations, an elevator maintenance service, or a security firm.
If their actions (or inaction) created the hazard that led to your injury, that contractor could be partially or fully liable. For instance, if a construction crew leaves tools and materials in a walkway and you trip over them, their company could be the responsible party.
The unique environment of a parking garage presents many potential hazards. Understanding the common causes of these accidents can help clarify how negligence occurs and who might be at fault.
These are among the most frequent types of incidents in parking garages. The concrete floors can easily become dangerous when certain substances are present, making it important to speak with a slip and fall lawyer if you were injured.
Property operators are expected to have procedures for regularly cleaning and inspecting for these types of dangers.
A dimly lit parking garage is a recipe for disaster. Poor visibility makes it difficult to see potential hazards like a change in elevation, debris on the ground, or a patch of ice. It also creates an environment that may invite criminal activity.
When a property owner in an area with known criminal activity fails to provide adequate lighting, working security cameras, or sufficient security patrols, they may be held liable for injuries resulting from an assault or robbery under a theory of negligent security. This holds that the property owner had a duty to take reasonable steps to protect visitors from foreseeable criminal acts.
Over time, parking garages endure significant wear and tear from vehicles and the elements. Without proper maintenance, this can lead to dangerous structural failures.
These issues point directly to a failure by the owner to maintain the structural integrity of the building, which is a fundamental aspect of their duty of care.
While the primary fault in a vehicle collision usually lies with one or both drivers, the design and maintenance of the parking garage can be a contributing factor. Poorly marked lanes, blind corners, insufficient signage (e.g., for stop signs or speed limits), or malfunctioning parking gates can create confusing and dangerous situations that lead to accidents. In these cases, the garage owner or operator may share a portion of the liability.
After receiving immediate medical care for your injuries, there are steps you can take from home to help document what happened and protect your rights. This information can be very useful if you decide to pursue a claim.
As soon as you are able, write down everything you recall about the incident. Memories can fade, and having a detailed, contemporaneous account is valuable.
Putting these details down on paper creates a clear record of the event while it is still fresh in your mind.
Physical evidence can be very compelling. If possible, safely store the items you had with you at the time of the accident.
This evidence helps create a full picture of the circumstances surrounding your injury.
An injury can have far-reaching effects on your health, finances, and daily life. Keeping organized records helps demonstrate the full extent of your losses. Create a folder to store all medical bills, receipts for prescriptions, and any other out-of-pocket costs related to your injury. It can also be helpful to keep a simple journal detailing your doctor’s appointments, the pain you are experiencing, and how the injury is affecting your ability to work and enjoy your usual activities.
If you can prove that a property owner or operator’s negligence caused your injuries, you may be entitled to recover compensation for your losses. In legal terms, this compensation is referred to as “damages.”
Damages are typically broken down into two main categories:
It’s also important to understand New York’s comparative negligence rule. Under this rule, if you are found to be partially at fault for your own injury, your compensation award will be reduced by your percentage of fault. For example, if a jury determines you were 10% at fault because you were texting while walking, your total award would be reduced by 10%.
Here are answers to some common questions people have after being hurt in a parking garage.
In New York, the statute of limitations for most personal injury claims based on negligence is three years from the date of the incident. However, if your claim is against a government entity like the City of New York, you must file a Notice of Claim within 90 days, a much shorter deadline.
This is a common issue. It is not always obvious who owns or manages a property. A personal injury attorney can conduct an investigation using public property records and other resources to identify all potentially liable parties.
The vast majority of personal injury cases are resolved through a negotiated settlement without ever going to trial. However, having a legal team that prepares every case as if it will go to court places you in a much stronger position during those negotiations.
Yes, you may still have a valid claim. The key is whether the property owner or operator knew about the hazard (had “actual notice”) or should have known about it through reasonable inspection (had “constructive notice”) and failed to address it in a timely manner.
It could potentially be both. If you were injured on the job, you are likely entitled to workers’ compensation benefits from your employer. However, if your injury was caused by the negligence of a third party—such as the garage owner who is not your employer—you may also be able to file a separate personal injury lawsuit against that party.
If you or a loved one was injured in a parking garage in Brooklyn, you don’t have to figure out the next steps by yourself. At Tucker Lawyers, we are dedicated to helping injured New Yorkers stand up for their rights. Our team has built a reputation for fighting aggressively for our clients, demanding accountability from negligent property owners, and pursuing the maximum compensation available.
We understand the challenges an unexpected injury can create for you and your family. Let us handle the legal process so you can focus on your recovery. Contact us today at (516) 399-2364 or through our online form for a free, no-obligation consultation to discuss your case.
