Legal Question in Personal Injury in Washington

Locked in a public parking garage.

I went to a show in downtown Seattle with two of my friends and we parked in a public parking garage. Upon entering the garage the attendant informed us that the garage will close 1/2 an hour after the show was over. After the show we proceeded to the car, stoping only to use the restrooms. We walked through the front entrance and up the few flights of stairs to reach our vehicle, and by the time we drove down to the same entrance we had just walked through, merely 2-3 minutes later, the gate to the parking garage was closed and chained locked shut. There was no attendant in the building, there was no phone in the building, and all the emergency exits were chained shut. We had no way out. We had without a doubt reached the garage before the alloted 30 minutes was up. We were trapped in this building. My questions are whether anyone is liable for this incedent? Does this fall under the tort of false imprisonment or any other? Is there any legal action that we can take?


Asked on 10/25/98, 11:54 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Locked in a public parking garage.

"The gist of an action for false arrest or false imprisonment is the unlawful violation of a person's right of personal liberty or the restraint of that person without legal authority:

'A person is restrained or imprisoned when he is deprived of either liberty of movement or freedom to remain in the place of his lawful choice; and such restraint or imprisonment may be accomplished by physical force alone, or by threat of force, or by conduct reasonably implying that force will be used.'"

Kilcup v. McManus, 64 Wn.2d 771, 777, 394 P.2d 375 (1964)

For intentional acts the statute of limitations would be 2 years. Your case sounds like negligence rather than intent, and the statute of limitations would probably be 3 years. To be certain, I'd have to do more research and perhaps know more facts.

Gary Preble

Olympia

360-943-6960

Gary Preble

Preble Law Firm

2120 State Avenue NE


Read more
Answered on 1/01/99, 8:07 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Washington