Visitor Question

Assault in a Parking Lot, Can I Sue for Personal Injuries?

Submitted By: Jabril (Arlington, VA)

I was assaulted in the parking lot of hospital in Fairfax, VA. No security guard and no camera was set up, and no one helped to call the police. I have knee and back injuries, not to mention the emotional trauma, and I missed 2 weeks of my job. I would like to sue the hospital for not providing security but I don’t know if this will work. What do you think I should do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jabril,

Most jurisdictions hold that a property owner is NOT liable for injuries such as this unless they knew or should have known that an attack was likely to occur there. The best way to prove knowledge is by showing a pattern of previous attacks in the parking lot.

If you want to hold them liable merely because you were attacked on their property, it probably will not work.

However, if you can show that they were aware of previous incidences of violence which would have put them on “notice” then you may have a cause of action under a premises liability theory.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 7, 2011

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