Legal Question in Personal Injury in Texas

I have a friend that was injured in a private parking garage and she was hit by a motor vehicle. As a result of the accident she wound up with a fractured vertebra in her back. She spent approximately 5 days in the hospital.

At the time of the accident the parking garage had nothing in place to keep drivers from driving eractically.

Less than 24 hours after the accident occurred the parking garage put up temporary speed limit signs and within 48 hours of the accident the parking garage had a company installing speed bumps throughout the garage, they have also came back and adjusted all of the mirrors to where drivers can see as they are making turns.

Just wondering if she possibly has a potential lawsuit against not only the driver of the motor vehicle but also the parking garage.


Asked on 8/02/10, 4:58 pm

2 Answers from Attorneys
Parker Polan Briggle & Polan, PLLC

Yes. Your friend definitely has a claim against the driver. It doesn't sound like she has one against the garage owner but it's possible and worth looking in to. I would be glad to discuss this with your friend. She's entitled to past and future medical bills, lost wages, pain and suffering, and disfigurement.

I can be reached at 512-751-0680.

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Answered on 8/07/10, 5:19 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I would need more information before I could say whether she has a claim against the other driver or the garage. You haven't said how the accident happened, after all. It is possible (though perhaps not likely) that the accident was entirely her own fault. She should discuss the facts in detail with a local attorney.

Let me add that the actions the garage owners took after the accident would not be admissible to prove either that it was at fault or that it admitted being at fault. If such evidence could be used against a defendant, then defendants who realized they were endangering others would have a strong incentive not to do anything about it for fear of strengthening the plaintiff's case against them. As a matter of public policy, we don't want to give anyone that type of incentive. That's why evidence of subsequent remedial actions is usually not admissible.

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Answered on 8/07/10, 6:28 pm


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