Parking Garage Injury Claims in Georgia

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A parking structure produces two kinds of claim under Georgia premises law: an injury from the condition of the structure itself, such as a fall over a curb, ridge, or wheel stop, and an injury from a third person’s crime. The first is decided under the invitee statute and decisions about hazards that blend into their surroundings. The second turns on foreseeability and, for causes of action arising on or after April 21, 2025, on the negligent security article, which changes how fault is divided between the operator and the criminal.

Conditions of the Structure

An owner or occupier owes invitees ordinary care in keeping the premises and approaches safe (OCGA 51-3-1), and Court of Appeals decisions on ground-level hazards show how that duty is measured:

  • A hazard that blends in. In Hailu v. John Milledge Academy, Inc., No. A25A1130 (Ga. Ct. App. Sept. 12, 2025), a visitor who had been told to use a different entrance tripped on an asphalt water-diversion feature in a parking-lot crosswalk that, by the visitor’s account, looked the same as the surrounding asphalt and that was painted yellow weeks later; the court held visibility a jury question, found no evidence that the visitor had crossed that feature before, and reversed summary judgment.
  • Unmarked wheel stops. In Brixmor New Chastain Corners SC, LLC v. James, 367 Ga. App. 235 (2023), a person tripped in the dark on unpainted concrete wheel stops that were painted yellow days after the fall, and the court held that whether the wheel stops, placed in an unusual spot and left the color of the stripe they sat on, were a hazard and whether earlier passes gave the person constructive knowledge were questions for the jury.
  • Lighting. In Suddarth v. Lounsbrough, 369 Ga. App. 158 (2023), the court held that, absent a contract or statute, a lack of lighting did not create a duty.

Crime in a Garage or Lot

For an earlier cause of action, foreseeability is the question. In Georgia CVS Pharmacy, LLC v. Carmichael, 316 Ga. 718 (2023), the Supreme Court of Georgia linked the foreseeability of a third-party crime to the duty under OCGA 51-3-1 and held that the totality of the circumstances informs whether the crime was reasonably foreseeable. Taking some security precautions does not make a landowner an insurer of safety (Lau’s Corp. v. Haskins, 261 Ga. 491 (1991)). In Martin v. Six Flags Over Georgia II, L.P., 301 Ga. 323 (2017), a bus stop about 200 feet beyond a park’s boundary was not part of the park’s approaches, but the park remained responsible for an attack that began inside the park and was the foreseeable result of its breach of duty; park security had reprimanded and released the attackers instead of ejecting them as park policy called for.

Carmichael also shows why the 2025 article matters for fault. A customer shot during an armed robbery in a pharmacy parking lot won a verdict in which the jury found the store 95 percent at fault and the customer 5 percent at fault, and apportioned no fault to the robber, and the Supreme Court let that verdict stand, holding that under the instructions given it was not inconsistent. For causes of action arising on or after April 21, 2025, the negligent security article is the exclusive remedy against owners or occupiers, the trier of fact must reasonably apportion fault to the third person whose wrongful conduct caused the injury, and a verdict that fails to do so is set aside for a retrial of liability and damages (OCGA 51-3-53(a); OCGA 51-3-56(1), (3); SB 68, Section 9(b)).

For example, imagine a factfinder that sets a garage patron’s damages at $200,000 and assigns 65 percent of the fault to the assailant, 30 percent to the garage operator, and 5 percent to the patron. The patron’s share reduces the recovery to $190,000, and the operator’s share is $60,000. Because the assailant’s 65 percent is not less than the 35 percent assigned to the operator and the patron together, the presumption of an unreasonable apportionment in OCGA 51-3-56(3) does not arise.

Frequently Asked Questions

Who decides whether a crime in a garage was foreseeable?
Carmichael held that “the question of reasonable foreseeability is generally reserved to the trier of fact, but the trial court may resolve the issue as a matter of law where no rational juror could determine the issue in favor of the non-moving party.”

Does an earlier crime nearby matter?
It can. Carmichael noted, quoting Martin, that foreseeability may be established by evidence of prior criminal acts of a “substantially similar” nature, and for claims under the 2025 article, prior substantially similar conduct within 500 yards of the premises is one of the listed routes (OCGA 51-3-51(1)(B)).

What if the garage’s camera footage is lost?
In Hailu, the Court of Appeals held that a visitor claiming the loss of video was not required to prove that the video showed the fall, and in Brixmor it vacated a spoliation ruling that applied the wrong standard; both issues went back to the trial court.

Does a patron’s own knowledge of a hazard bar recovery?
It can. In Suddarth, the court held that the injured person’s knowledge of the leaves on the steps was at least equal to the owners’, who had no actual or constructive knowledge of that accumulation, and it reversed the denial of summary judgment.

  • OCGA 51-3-1
  • Hailu v. John Milledge Academy, Inc., No. A25A1130 (Ga. Ct. App. Sept. 12, 2025); Brixmor New Chastain Corners SC, LLC v. James, 367 Ga. App. 235 (2023); Suddarth v. Lounsbrough, 369 Ga. App. 158 (2023)
  • Georgia CVS Pharmacy, LLC v. Carmichael, 316 Ga. 718 (2023); Lau’s Corp. v. Haskins, 261 Ga. 491 (1991); Martin v. Six Flags Over Georgia II, L.P., 301 Ga. 323 (2017)
  • OCGA 51-3-51(1)(B); OCGA 51-3-53(a); OCGA 51-3-56(1), (3); SB 68, 2025 Ga. Laws, Section 9(b) (applicability)

Disclaimer

This article provides general information about parking garage injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Whether an operator is liable depends on what it knew, what the visitor knew, the date the cause of action arose, and the specific facts. A person injured in a parking garage should consult a licensed Georgia attorney promptly about the particular situation.

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