A guide to when a parking garage owner or operator is liable for an attack, how negligent security claims work, what to do first, and how state rules differ.
October 16, 2026
In a parking garage attack, the attacker is responsible, but the garage owner or operator can share the blame. Under premises liability law, they can be held liable if they should have expected crime and didn't take basic security steps, like fixing broken lights, gates, or cameras. This is called a negligent security claim.
Being attacked is frightening, and your safety comes first. The legal questions can wait until you're safe. When you're ready, the key questions are whether the property owner or operator had a duty to provide reasonable security, whether a crime was reasonably foreseeable under the applicable law, and whether an alleged security failure contributed to the harm.
If this just happened, start with the first-hour checklist below.
Several of these can share responsibility. The contracts between the owner, the operator, and any security company often decide who was in charge of the lights, gates, and cameras that failed.
Negligent-security claims generally turn on several questions:
● Was the criminal activity reasonably foreseeable? Depending on state law, prior crimes, complaints, police activity, or other circumstances may be relevant.
● Were reasonable security measures in place? Depending on the property and the circumstances, that might include functioning lighting, locks, gates, cameras, access controls, or security personnel.
● Did an alleged security failure contribute to the injury? The claim generally requires a connection between the property's condition or security practices and the harm that occurred.
The legal test varies by state, and some jurisdictions apply specific rules to questions such as foreseeability and the evidence needed to establish it.
Our guide to pursuing a premises liability claim covers how premises liability law works in general.
If you were sexually assaulted, the National Sexual Assault Hotline is free, confidential, and open 24/7 at 800-656-4673. A hospital can treat you and, if you choose, collect evidence for a later case.
Criminal charges and a civil claim can move forward side by side. Our guide to assault laws in the US explains how the two fit together.
Depending on the facts and applicable law, compensation in a negligent-security claim may include:
● Medical expenses
● Counseling or mental health treatment
● Lost wages or reduced earning capacity
● Pain, suffering, and emotional distress
Other sources of compensation may also be available in some circumstances, including state crime-victim compensation programs. Eligibility and requirements vary by state. Our guide to what you can recover in a personal injury case explains the broader categories of damages that may apply.
Lawfty is a data-powered personal injury firm with a nationwide network of 100+ hand-selected partner firms. When you contact us, a Support Specialist gathers the details of what happened, including the circumstances surrounding the attack and the property involved.
Lawfty can apply proprietary case data to those facts, giving the legal team additional context when evaluating the claim and the issues that may need to be investigated.
That can be particularly relevant in premises liability matters, where evidence such as surveillance footage, incident reports, prior complaints, maintenance records, and security practices may help establish what happened and what the property owner or operator knew.
Because evidence can disappear or become harder to obtain over time, getting legal guidance early may help preserve important information.
You can also explore What 87,712 Cases Tell Us About Personal Injury Settlements for a broader look at Lawfty's case data.
Can I sue for negligent security after an assault?
Yes. If a property owner or operator failed to take reasonable steps against a foreseeable crime, you can bring a negligent security claim against them, separate from any criminal case against the attacker. The claim can cover medical bills, lost income, and the physical and emotional harm of the attack.
Can I still sue the garage if the attacker is never caught?
Yes. A negligent security claim is against the owner, operator, or security company for their own failures, so it doesn't depend on the attacker being identified, arrested, or convicted. A police report still helps show the attack happened.
The parking ticket says the garage isn't responsible. Does that end my claim?
Not necessarily. Those notices usually focus on damage to your car or belongings. Courts look closely at fine print that tries to excuse a business from liability, and it generally can't excuse gross negligence or intentional misconduct. How much weight it gets depends on the exact wording and your state.
How do states decide whether an attack was foreseeable?
The test varies. Some states require prior similar crimes on or near the property. Texas courts weigh how close, how recent, how frequent, how similar, and how well known earlier crimes were, under Timberwalk Apartments v. Cain. California uses a sliding scale from Delgado v. Trax Bar & Grill: costly measures like security guards usually require prior similar incidents, while simple fixes like working locks and lights need less proof. Other states look at the totality of the circumstances.
Can the property owner blame the attacker to pay less?
In some states, yes. Florida requires juries in negligent security cases to weigh the attacker's share of fault alongside the owner's. Georgia adopted a similar rule in its 2025 tort reform. For claims arising on or after April 21, 2025, Georgia also generally requires prior similar incidents or a specific warning before an owner can be liable.
What if the garage belongs to the city or a transit agency?
Public owners often have immunity limits and short notice deadlines. In New York, you generally must file a notice of claim within 90 days. California requires a written claim within six months, and Texas requires notice within six months, with some cities requiring it sooner.
What if I was attacked in my apartment building's garage?
In many states, landlords owe tenants reasonable security in common areas they control, including garages. Florida gives owners of apartment, townhouse, and condo properties with five or more units a presumption against liability if they substantially put a list of required security measures in place. An injured tenant can still challenge that presumption with evidence.
What if it happened in my employer's garage?
Workers' compensation may cover injuries from an attack in a parking area your employer provides, and that can limit claims against your employer. A garage owner, operator, or security company that isn't your employer can still face a separate claim. Our guide to workers' compensation vs. personal injury explains how the two fit together.
Can I get help with medical bills while my claim is pending?
Every state runs a crime victim compensation program that can help with costs like medical bills, counseling, and lost income after a violent crime. These programs usually require a police report and have their own filing deadlines.
How long do I have to file?
Most states allow two or three years for injury claims against a property owner, but some are shorter. Tennessee allows one year. Claims against the attacker can run on a different clock, since assault is an intentional act. In New York, for example, an assault claim against the attacker generally must be filed within one year, while a negligence claim against the property owner has three years.
Related: Who Is Liable If You Slip and Fall on a Wet Floor at a Store? · Who Is Liable If You're Injured Passing a Construction Site?
This article is for general informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on the specific facts, applicable law, insurance coverage, and other circumstances involved.
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