What Is a Premises Liability Case?

Injured in a parking lot or parking garage? Property owners must maintain safe conditions including proper lighting, repaired surfaces, and adequate signage. Our attorneys pursue full compensation for parking lot injuries.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a premises liability in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Parking Lot and Garage Accident Lawyers in Georgia & South Carolina

Parking lots and garages are among the most overlooked hazard zones in premises liability law. The National Safety Council reports that tens of thousands of crashes occur in parking lots and structures annually, resulting in hundreds of deaths and thousands of injuries. Beyond vehicle collisions, parking lot hazards include potholes, poor lighting, ice accumulation, pedestrian conflicts, and security failures that enable criminal assaults.

At Roden Law, our parking lot accident attorneys represent people injured in parking lots and garages throughout Georgia and South Carolina — whether by a vehicle collision, a trip and fall, or a criminal act facilitated by the property owner’s negligence.

Common Parking Lot and Garage Hazards

Our attorneys handle parking lot injury claims involving:

  • Potholes and surface defects: Cracked, crumbling, or uneven pavement causing trips, falls, and vehicle damage
  • Poor lighting: Inadequate, broken, or burned-out lighting that creates visibility hazards and enables criminal activity
  • Missing or faded markings: Absent lane markings, stop signs, speed bumps, and pedestrian crosswalks
  • Ice and snow: Failure to salt, sand, or clear ice from parking surfaces and walkways during winter weather
  • Pedestrian conflicts: Lack of designated pedestrian walkways separating foot traffic from vehicles
  • Drainage problems: Standing water, oil slicks, and flooding creating slip and fall conditions
  • Structural defects in garages: Crumbling concrete, exposed rebar, low-clearance strikes, and ramp hazards
  • Criminal activity: Robberies, assaults, carjackings, and sexual assaults enabled by inadequate security measures

Property Owner Responsibility for Parking Lot Safety

Under Georgia law (O.C.G.A. § 51-3-1) and South Carolina premises liability law, property owners must exercise ordinary care to maintain parking lots in a safe condition for invitees. This includes regular inspection and repair of surfaces, adequate lighting at all hours, proper drainage, clear signage and lane markings, and reasonable security measures based on the crime history of the area.

Georgia’s comparative fault rule means that even if the injured person bears some responsibility (such as not watching where they were walking), they may still recover damages if their fault was less than 50%. South Carolina uses a similar modified comparative fault standard with a 51% threshold.

Parking Garage Specific Hazards

Parking garages present additional dangers beyond surface lots:

  • Structural deterioration: Garages are exposed to water, salt, and vehicle fluids that accelerate concrete degradation
  • Carbon monoxide buildup: Enclosed or poorly ventilated garages can accumulate dangerous carbon monoxide levels
  • Elevator and stairwell hazards: Broken elevators, dark stairwells, and missing handrails
  • Height dangers: Inadequate barriers and guardrails on upper levels
  • Limited visibility: Tight turns, blind corners, and columns that obstruct sightlines between vehicles and pedestrians

Compensation for Parking Lot Injuries

Injured persons may recover compensation for medical expenses, lost wages, pain and suffering, permanent disability, and emotional distress. When criminal assaults are facilitated by inadequate security, additional damages for psychological trauma are typically available. Georgia (O.C.G.A. Title 51) and South Carolina law provide the full range of compensatory damages in premises liability cases.

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What to Do After an Injury on Someone Else's Property

  1. Report it to the property owner or manager in writing. Ask for a copy of any incident report. Verbal notice to whoever was on shift tends to disappear.
  2. Photograph the condition before it is repaired. Dangerous conditions get fixed quickly once someone is hurt — which is good for everyone except your ability to prove what it looked like.
  3. Work out who actually controlled the property. Owner, tenant, management company, security contractor, and maintenance vendor are often five different businesses with five different insurers. Note every name and logo you see.
  4. If you were the victim of a crime on the property, get the police report. Negligent security claims turn on whether the owner knew the area was dangerous. Prior incidents at the same address are usually the proof, and they are on record.
  5. Request preservation of surveillance footage in writing. Retention is often measured in days. Ask in writing and keep a copy of the request.
  6. Get medical care and keep every record. Follow through on referrals. Gaps in treatment are the most common way a serious injury gets valued as a minor one.
  7. Do not sign a release or give a recorded statement. The adjuster calling within days works for the property owner. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Premises Liability Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Parking Lot and Garage Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.