If you were assaulted in a hotel parking garage in California, you may have a valid personal injury claim against the hotel (or property owner) under premises liability law, particularly if the assault was foreseeable and the hotel failed to provide adequate security or lighting in the garage.
⚖️ Legal Basis: Premises Liability and Negligent Security
California law requires hotels and similar businesses to:
- Maintain their property in a reasonably safe condition,
- Take reasonable steps to protect guests from foreseeable criminal acts, and
- Provide adequate lighting, surveillance, signage, and/or security personnel in vulnerable areas like parking garages.
To succeed in a personal injury claim, you generally need to prove:
- Duty: The hotel owed you a duty of care as a guest or lawful visitor.
- Breach: The hotel failed to provide a reasonably safe environment (e.g., poor lighting, no security patrols, broken cameras).
- Causation: That breach created a condition that allowed the assault to happen.
- Damages: You suffered physical or emotional harm as a result.
🔍 Key Legal Questions
🔸 Was the Assault Foreseeable?
Hotels may be liable if they knew (or should have known) that the parking garage was unsafe:
- Were there prior assaults or crimes on the property?
- Had other guests or employees complained about security?
- Was the garage in a high-crime area with inadequate lighting, no surveillance, or no visible staff presence?
🔸 Was There Inadequate Security or Lighting?
- Was the garage dimly lit or not monitored by cameras?
- Were security personnel absent or inattentive?
- Were locks, gates, or barriers broken?
These conditions may show the hotel breached its duty to take reasonable safety measures.
🧾 Evidence That Can Strengthen Your Case
- Police report from the assault
- Photos or video of the garage (especially poor lighting or broken security systems)
- Surveillance footage from the hotel
- Incident report filed with hotel management
- Medical records documenting physical injuries or psychological trauma
- Witness statements, if any
- Crime statistics or prior incident reports for the hotel or surrounding area
💡 Potentially Liable Parties
- The hotel owner or operator
- The property management company (if different)
- A third-party security contractor (if negligent or untrained guards were used)
- In rare cases, the assailant themselves may be sued if they’re identified and have assets (but this is uncommon).
🏥 Types of Recoverable Damages
If your claim is successful, you may be entitled to:
- Medical expenses (including future care or therapy)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress or PTSD
- Disfigurement or disability
- Punitive damages (in rare cases involving extreme negligence or intentional harm)
⏱️ Statute of Limitations
- In California, the statute of limitations for personal injury is generally 2 years from the date of the incident.
- If a government entity owns or operates the garage, a claim must usually be filed within 6 months.
⚠️ Comparative Fault
Even if you were doing something that put you at greater risk (e.g., walking alone at night), California’s pure comparative negligence rule allows you to recover damages, though your award may be reduced by your percentage of fault.
✅ What to Do After the Assault
- Call the police and report the assault immediately.
- Get medical attention for physical and emotional injuries.
- Report the incident to hotel management and request a copy of their incident report.
- Document everything: lighting conditions, camera locations, your injuries, etc.
- Avoid giving detailed statements to the hotel’s insurance company before speaking with a lawyer.
- Contact a personal injury attorney experienced in negligent security or premises liability.
Law Offices of James R. Dickinson – 909-848-8448
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