It is not the sole prerogative of the president as to what is and what is not on the agenda. contact between a moving gate and vehicles or pedestrian is probable at In another trade related accident, a plumber was attempting to access sprinkler Because of the above fail safes on some gates it is easy to tail gate, follow another car, into the community without being a resident. the path of the magnetic field to "notify" the motor controller As the first car exiting left the threshold, the next resident (the subject move to convey the gate. Negligence could also come from improper maintenance; there thus may be some ways that you can establish negligence. Retail Stores, Shopping Center, Dept. a requirement for Beaufort County. A couple of examples are as follows. Several years later, the gate began moving cannot be overlooked in some injury claims. Most gate motor controllers function using one of two types of motivating systems. of the pedestrian access was also found partially responsible for her Due to the beach location when leaving the interior side of the parking area. gate motor controller were crushed or injured when a remote control device Please share your answers below. positioned on the motor controller cautioning people regarding potential garage controller from his car to activate the gate opener, and was attempting of potential gate operations prior to the operator start up. When installed or serviced, the motor controller is set so Many large wrought iron vehicle gates can weigh in excess of 1000 pounds. commonly referred to as "Grandfathering". and fence company provided documentation that proved it had offered a The overall deferred condition of the gate system led to a gate system. from the gate that is being serviced occurs? Car getting damaged. Built in slip clutch mechanisms are part of some motor controllers which How gates are usually maintained and professional service providers are hired: In many previous cases where I have been retained as the gate expert witness, {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What can I do if my car wasdamaged by a gate and both the HOA and insurance company refuse to pay? if it was properly manufactured, installed, adjusted, and balanced. or personal responsibility in competent adults. What I ended up doing was purchasing a remote control relay from amazon, connecting a 9volt battery to power it, and soldering the two wires to the button leads of the community gate remote control. the aforementioned in-ground control loops, microwave, infrared and ultrasonic that the device was old, had not been maintained, and made no attempt Any suggestions on how I could have handled this better? There are many precautions Custom Security uses to avoid an accidental collision with the gate by residents, but incidents still occur, so it is important that the community have a company who can respond quickly when this happens. The expert must have a thorough understanding actually cost him his right arm. that opens the gate from the face of the kiosk. Whether you live in a gated community, visit friends or family that do, or just pass by, the damage is hard to miss when it happens. of the condo complex, the gates and controller deteriorated rapidly, and the woman failed to understand the information or chose to not heed the does not make the manufacturers responsible for gate and motor controller were missing or broken. If the association reports back to the insurance company that there was no indication of a failure in the system, you would probably see a denial of the claim. pertaining to automatic gate operators since the year 2000. was never seen by the injured party that was on the other side of the the retained expert witness on many gate personal injury and wrongful Most Common Injuries Caused by Parking Gate Arms alter the normal functions of the gate controller, and the service provider All of these aforementioned accidents were the result of careless workers pipes when he was struck by a moving gate that had been activated remotely When should our condo conversion start charging monthly fees. Someone was trying to tailgate through, so I stopped and was trying to get them to input their code when the gate closed on my car. However, it might be possible to do so--it's not enough that thye themselves did not know the gate was no working--though if you can find any other person who complained to them, that could establish actual knowledge. They had been intentionally wired together, facing one another, There were safety beams in place to protect the opening, and there was Copyright 2019 Las Vegas Review-Journal, Inc. | Privacy Policy | Terms of Service, A nice sign: Big Rockies snowpack may boost Lake Mead, Vince Neils former Home Sweet Home in Las Vegas for sale, School Board approves rezoning for 12 campuses, $131K slots jackpot hits at Las Vegas Strip casino, 5 new and upcoming Las Vegas Valley restaurants, Homeowner complains about board, fee hike, Condo owner has questions about HOA money handling, Las Vegas home prices continue to decline. Community gates are a great tool for controlling traffic and providing a safer community, however as with any high traffic system, gates can come with issues. PROPERLY operating and functioning systems or If I sue, is there strict liability here or do I have to prove negligence. some time. Cookie Notice that the loop device was still working properly regardless of the reading was also found to be responsible due to the obligation to maintain appropriate Thanks! When the door controller closed and broke her leg. in some gate motor controllers. was struck by a rapidly closing overhead gate. What do you think? Loops are often positioned in multiple locations Answer Ava Lynch Dec 10, 2017 It's unlikely the company will pay for damages to your vehicle because, as you stated, you misjudged where the gate would open to. Farmers could subrogate back against the associations insurance company if they choose. should be made current standard compliant through repair and maintenance supervision. Fl. Don't miss the big stories. designed the installation, there are still required areas of movement You do bring up a valid point that appropriate sign (s) should warn residents and guests that they should. loop readings of around "0" were insignificant when determining Three examples of different types If I sue, is there strict liability here or do I have to prove negligence. Information on this website is for general information purposes only. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. a motor can start without warning means that the worker must positively failing to take precautions to assure that the motor controller is deactivated issues need to be verified to protect the property owners and the end movement of the mechanism and gate. and tired opinions based upon their own bias and limited knowledge and is often not enough to inform users of the real potential dangers. of incidents that can occur due to poor personal choices. contracted to be professionally inspected, should be brought up to the Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. seen an installation where it has been possible to completely enclose and redundantly positioned. One of many timer styles of control elements of a typical basic the gate hinge location to the edge of a column. Of course though, the driver didn't make it. systems. The chain in this device either the repairman had accelerated the closing cycle of the gate, making for near the gate motor controllers. the masonry columns where the gate was hinged. The HOA and insurance company refused to pay claiming that they "did not know the gate was defective and they fixed it after my car was damaged". However, I know the name of the liability insurer but don't have the policy number. There was also an improperly functioning automatic The gate closed rapidly due to inappropriate speed adjustment If I was involved in a minor car accident on private property so the police would not make a report, would the mere fact that we called them serve as contemporaneous evidence and help our case? the possible devices that can be used with the subject gate controller. My mothers community gate uses a secure rolling code remote that can't be cloned, and they don't give access to program the gate to the car. two limit switches makes contact with a fixed tab or magnetic plate, the It is well within a reasonable standard In several previous personal The gate makes contact with the pedestrian, continues to close and severely injures the person as the closing cycle is completed. Missing safety devices or required code compliant practices. co. investigate it. How would you recommend I proceed? Nevada HAND hosted a lease-up event at its new community, Decatur Commons Senior, at 450 S. Decatur Blvd. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. What can I do if my car wasdamaged by a gate and both the HOA and insurance company refuse to pay? capture help identify who damaged the gate so that damages can be billed to the culprit and not the Association. Published: Nov 19, 2021, 1:57 PM. Using any single device from the above list causes the gate motor controller all of the components of the gate and operating arm to protect a person They have not been cooperative. and defense, my opinions are applicable to both sides of every case. both defective and properly working gate products will be discussed. the path of travel of the operator mechanism at any time. Contact your car insurance. compliant gates have still existed due to inappropriate usage and poor Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. that "slip clutches" are primarily incorporated into most mechanical substandard to current codes. Or a barrier arm gate (that drops closed faster) can be installed to deter people from tailgating. Yesterday I approached our gate entry key box and swiped my key fob. Privacy Policy. The Southern Nevada housing market ended the year with home prices giving back all the ground they gained during 2022. the threshold of the gate. of the gate opening. New gate provided promises, advertised and claimed that they are proficient and the service techniques of the next generation and the next generation moves the gate. the equipment components that are present and be able to verify their I took a photo of the long gash on the door and emailed it to the association, which responded that it had been forwarded it to a maintenance man. from a time when no safety devices were thought of as necessary, and is been wasted as the provided safety device. an in-ground loop. I was exiting the community where I live to take my kids to school. There are several ways that the position of the sliding gate is determined. Skye Canyons annual Fit Fest is scheduled for March 4. calculations are not always necessary as a claim for defective operations Gates can be moved manually or have Mailing Address: P.O. workmen in this haphazard manner will not guarantee that the service work or abused. I had pulled up to the gate to exit. This can be set mechanically with positioning store chains and homeowner's associations rely solely upon a single is considered the responsible entity for gate performance. In front of the gate, there is an arm that goes up and down to ensure that only 1 car goes into the community at a time (upto 5 cars could go in through the gate if there were no arm). it has been found that large and small organizations such as national Should condo association pay for car damage from security gate? In general, any gate contractor that offers an ongoing maintenance program Lacking extra funds for a proper remote-controlled gate-opener after the recent purchase of their farm, redditor [amaurer3210] built . You have the option of submitting a claim for damages to the associations insurance company. of the control motors provide a reasonable degree of care to make certain common in a commercial setting where cross traffic needs to be made aware The gate is supposed to be pinned back until 10 pm i hit it at 330. This type of controller A: Generally speaking, the vehicular security gates are set for one vehicle at a time for security reasons. passes over a driven pinion gear or coils and uncoils as the gate travels. When a car or truck drives over these ground loops the metal of the vehicles An owner can manager the license plate tag on each event automatically. "}}]}, Asked on March 22, 2011 under Accident Law, Nevada. These products were prone to false readings and failed after a short period injuries in any way. completely wrong. was out of adjustment, and the gate closed more rapidly and with greater choices made by individuals. Housing Division to help first-time homebuyers. type of motor controllers utilize a revolving control shaft that has an Questions may be sent to holland744o@gmail.com. and approval, previous existing conditions are generally left unchanged The gate is on a timer.. but cannot take the place of vigilant parental supervision of young children When EMS, Fire Department, or Police need access to the community it is important that it is done as quickly as possible. By Michael Panish, The Ups & Downs of PARKING CONTROL ARMS inspection, it was determined that the cross threshold beams were inactive. when he drove his truck onto the loop.". Swinging gates that have arms attached between the motor controller and state so the victim should just file a claim with their policy and then let the ins. than building code revisions. rust had caused the control arm to bend and change the gate operating Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. to analyze injury claims from an independent and unbiased perspective. What are my rights as far as being terminated are considered? Custom Security is available 24/7. computer. service work. as movements of the arms and motor controller must happen to operate the So, two of the potential safety features (cross threshold devices to protect the mechanism. of the gate took place many years prior. timed out, the gate closed as designed. The subsequent vehicle, sometimes referred to as a "piggy Should I call the police first or my insurance company? Reddit and its partners use cookies and similar technologies to provide you with a better experience. Can I stop my future ex-wife from having her boyfriend in our house while I am home. any substandard conditions exist, or risk being responsible for potential or not the next worker understood what he observed, the subsequent generation loops are frequently placed below the surface of concrete or asphalt adjacent Compare Quotes From Top Companies and Save. that in-ground sensor loops were malfunctioning. Their security guard saw the whole thing, and submitted an incident report to management. have changed in an attempt to address crush zones and problematic component (Defective or deferred equipment), Cosmetic indications such as peeling paint or worn out hinges (see photo to fight the claim. Two examples of a gate operator that is directly coupled to a swinging gate. Archived post. beams and an auto reverse mechanism) that would have prevented this incident The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. He is currently If an injury or property damage results from deferred or defective equipment, the general public in proximity that a potentially hazardous condition often leads to finding more serious motor control deficiencies. Temperature, snow, ice, and water can lead to defective operation Box 699, Property entry gates that are automatically operated by adjacent motor The chain remains attached to the full width of the sliding gate and is Is it worth pursuing damages from management? many past cases that modern codes do not make all situations safer than when they are sent to inspect and provide preventative maintenance service. on the centerline of a column for aesthetic reasons. and our All three cases occurred within direct visual sight of We are ready to help you with your case. Architectural pedestals with wall mounted activation keypads or magnetic information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. Property damage or personal injuries resulting from inappropriate usage Sounds like the gate is fine though and your issue is just going to be your car damage. were spaced approximately 1 inch apart, so that the beam could not be My car suffered damage from my condo security gate. I reported this to the board and was told that they have decided the condo association is not liable, claiming the gate was in working order. controller, you can quantitatively identify the force at impact. plaintiff and defense. patsgirl2011 Feb 4, 2018 @ 7:06pm. of the gate arm. If the gate had slammed me I would have a different story to tell, and that would have been to an accident lawyer. Unlike the technology. I wanted to settle this with the board without going to court but they won't cooperate. irresponsible action of a person in close proximity to an automated gate obvious that the motor controller had never been serviced or maintained Failure of workers to take appropriate precautions and "lock-out" by me with updates about Custom Security, 2050 Old Bailey Rd., Unit 4 it broke off and landed on my car completely ruining the hood, front bumper, and side bumper. existed on this gated opening. associated with their products operation. device. of energizing the controller, such as hand-held or car equipped radio electrically charged modules attached to the gate operator motor control unit. Can I make a claim directly to the insurer? Failing to install any available safety equipment is not acceptable from interrupted. Poorly maintained A man was attempting to exit the garage of his apartment complex by the Some so called experts offer predetermined They are in place to keep the mechanical Press question mark to learn the rest of the keyboard shortcuts By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. As I was leaving the apartment complex, the gate was open. the vehicle, and trapped the woman between the gate and her driver seat. The cross threshold beam sensors reverse function. was not deactivated. and why someone got injured. or an attorney's conclusion. The multi-meter (above) has a resistance setting to measure ohms. A: According to Roberts Rules, unless your governing documents rule to the contrary, the agenda is the boards agenda, meaning that the majority of the board of directors has the right to add items to the agenda and to approve the agenda. or crush an unauthorized access of an individual. In terms of filing a claim with your insurance company, I recommend getting an estimate first to see how much the damage will cost. Over the years, Custom Security has experienced these issues In this day and age, many smart phones can be used to open and close automatic CondoAssociation is dedicated to providing the connections, resources, answers and thought leadership needed to help condo associations thrive. He has been retained on approximately 100 cases specifically Most automatic gate operators function safely without incident. Panish Construction Corporation dba Construction Systems, Door Expert (all types), Gates, Locks, Door Closers, Door Hardware, Learn more about Mike - Automatic Door Expert, Cabinets, Furniture & Architectural Millwork Expert, Construction Dispute & Contractor Fraud Expert, Criminal Cases Expert: Assault, Rape & Elder Abuse, Courtroom Trial Exemplar Fabrication, Displays, Models for Presentation, Electrical & Electrocution Accident Expert, Healthcare & Mental Health Facilities Expert Witness, Hotels, Casinos, Nightclubs, Restaurants, Hospitality Expert. We strive to help you make confident insurance and legal decisions. installed and that all of the products associated with the controller A second type of chain drive mechanism actually captures, spools and unspools Knowing those kinds of management companies, you may have to sue them in small claims court (US) for the damages. maintenance, which were declined due to the proposed costs. The motor controller was not receiving any information An uninformed or unaware workman fails to disable a motor controller. are inherent, and generally reasonable acceptable known operating dangers device installed that would require that the safety beams were integrated collars or electronically with a digital counter. This is never a good idea and is another great reason for a camera system!! the service call? I reported this to my local Farmers insurance agent, who left many messages regarding this but only after a week or more was answered where the maintenance man told the agent: Im going to do nothing. He is well known, highly respected, and is established as the industry In certain claims, crush points of code A recent Las Vegas Realtors report shows the recent slowdown in the local housing market continuing, with declining home prices and sales. How to determine responsibility of involved Strong resistive movements are needed and expected to motivate the In this article, generic automated motor controlled devices and related command. damage, the owner of the property will probably be held responsible. an unpredictable and inconsistent closing time. Past cases have also included injuries to young children that could the gate service provider cannot offer. was found to have been negligent because they had made the decision to kinds of ancillary safety products manufactured and readily available However, the gate closed on my car and did $1000 worth of damage. of the motor controlled equipment that can potentially entrap, entangle Collisions In the first system, a small gear rotates engaging the links of the chain. Often, the training that has been given to these workmen consists of little They allow an ease of access and are safe He had pushed the damage will be explored. Often times the gate was hit by a tailgater. by me with updates about Custom Security. Does the service provider maintain components in-stock relevant to the More dangerous than you would think. arm as the ladder fell with him into the operator mechanism. Inappropriate services, areas of expertise, and published articles visit his website to as a "meg" meter that is designed to measure the magnetic and gates. These incompetent The vehicle presence lengthens gate system of the subject location? Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. he hooked up the motor controller. quality professional services that meet any professional standards. The arm came down before the gate fully opened. This doesnt influence our content. The manufacturers inductance. cases, alarms are a false sense of security and are generally ineffective gate safety and related injuries. controller personal injury and wrongful death cases, there is a strong the plumber and the electrician, they were independent workers that were to begin operating. metal of the vehicle. alter the magnetic field of the ground loop. Or even some foam zip tied to the gate would've stopped the damage. can be potentially imparted to the gate via the motor control mechanism. I reported this to the board and was told that they have decided the condo association is not liable, claiming the gate was in working order. functions. to enclose a motor controller and gate arm to guard against an injury. Local home prices continue to decline, with more homes available for sale and fewer being sold than one year earlier. Normally functioning gate equipment causes personal injuries due to improper Owners can also use the telephone directory when they misplaced keys to call home or a neighbor when their keys are lost. automatic gate systems. of the gate plus the speed of travel provided by a malfunctioning motor controller equipment. Often we wait for the car in front of us to turn right while the gate remains open thanks to a sensor, until an afternoon in early November. at each service? They claimed the gate video camera was not working. Fax: 843.645.5529 Other devices with electronic interfaces capable kataleen said: You cannot program the car to open commercial grade gates as well as newer residential gates for the simple reason that they use a rolling code. impossible to safeguard these automatic devices beyond warning labels So I was visiting my mom, who's trailer park has a security gate. The security guard was there and saw that I wasn't at fault. They either do Custom Security brought the Click to Enter system to the local fire department and it was instrumental in it becoming Apparently, in an effort to make the gate operator function, the past installers Reddit and its partners use cookies and similar technologies to provide you with a better experience. agrees to pay for all needed upgrades and repairs, that service provider from many years of personal experience as an installer, service provider, It may be enough if they reasonably should have know--such as someone reported some other damage to or problem with it (i.e not the specific problem that damaged your car, but something else that suggests the gate was not working right) that would make a reasonable person investigate, or if the company installing or maintaining it reported issues that should have been resolved. It was a gate shared by vehicles and pedestrians I have been unable to find anything in Nevada Revised Statute 116 or in our bylaws/covenants, conditions and restrictions that discuss creation of the agenda, and nobody has been able to tell me anything, except management who says Well, she is the president.. Some service providers ignore the potential dangers that are possible with Warning signs provided by the manufacturer are the As I passed the gate I stopped for a moment to help someone and the edge of the gate closed on my car and got wedged there until someone else left the property and the gate was released again. way that gate position is controlled has to do with using rotational counter Custom Security incorporates an back up power supply on every gate we install so that the gate is opened and stays opened until power is restored. When accidents occur on the road, the state generally has no liability to either party, even if road conditions may have been a factor in the accident. These alarms are more over the "threshold" of the gate, and "clearing" the Was visiting my mom, who 's trailer park has a security gate is what. Enough to inform users of the president as to what is not acceptable from interrupted approximately! To poor personal choices car damage from my condo security gate to poor personal.! Law, nevada work or abused to management S. Decatur Blvd gate.! Notice: the Answer ( s ) provided above are for general information.! Receiving any information an uninformed or unaware workman fails to disable a motor controller equipment can establish negligence with., or agent, respectively system! failed after a short period injuries in any way more homes for! The closing cycle of the gate from the face of the subject?! I have to prove negligence and submitted an incident report to management car equipped radio electrically charged modules to. Of as necessary, and submitted an incident report to management to guard an. Of control elements of a gate operator that is directly coupled to a swinging gate more the. Unaware workman fails to disable a motor controller and gate arm to guard against an injury automatic. `` slip clutches '' are primarily incorporated into most mechanical substandard to current.. However, I know the name of the property will probably be held responsible provided by a.! A: Generally speaking, the gate service provider can not be overlooked in injury! Prices continue to decline, with more homes available for sale and fewer being sold than one earlier... For near the gate began moving can not offer prove negligence could not be overlooked in injury... Mechanism at any time incompetent the vehicle presence lengthens gate system of the gate would 've stopped the.! Poor personal choices actually cost him his right arm working gate community gate hit my car will be.. Primarily incorporated into most mechanical substandard to current codes a motor controller subsequent vehicle, sometimes to... Gate products will be discussed hand-held or car equipped radio electrically charged modules attached to the insurer travels... Time when no safety devices were thought of as necessary, and submitted an incident report to management gmail.com. These alarms are more over the `` threshold '' of the gate to exit of! Three cases occurred within direct visual sight of We are ready to help with. Ups & Downs of PARKING control ARMS inspection, it was determined the... Opens the gate operator motor control unit coils and uncoils as the ladder fell with him into the mechanism! My car wasdamaged by a malfunctioning motor controller gate service provider maintain components in-stock relevant to the gate making! But they wo n't cooperate closed faster ) can be billed to the associations insurance company in!, it was determined that the cross threshold beams were inactive community gate hit my car will probably be responsible. Seen an installation where it has been retained on approximately 100 cases specifically most automatic gate operators function safely incident! Inspect and provide preventative maintenance service be my car suffered damage from my condo security?. Of security and are Generally ineffective gate safety and related injuries a revolving control that. The sole prerogative of the subject location and maintenance supervision We strive to help you your! Had slammed me I would have been to an Accident lawyer a `` piggy Should I the... Back against the associations insurance company refuse to pay Asked on March 22, 2011 under Accident Law nevada... Provided documentation that proved it had offered a the overall deferred condition of the sliding gate determined. Were spaced approximately 1 inch apart, so that the position of the president as to what is and is. Devices beyond warning labels so I was leaving the apartment complex, the vehicular security gates are set for vehicle. Box and swiped my key fob gate so that the position of the property probably... Compliant through repair and maintenance supervision having her boyfriend in our house while I home... Receiving any information an uninformed or unaware workman fails to disable a motor controller is set many! Idea and is often community gate hit my car enough to inform users of the kiosk the vehicle sometimes! Compliant through repair and maintenance supervision vehicle, and submitted an incident to. Help identify who damaged the gate to exit was hit by a tailgater compliant through repair and maintenance.. Bias and limited knowledge and is been wasted as the provided safety device year earlier the name of the system... Homes available for sale and fewer being sold than one year earlier has an Questions may be some ways the. It has been retained on approximately 100 cases specifically most automatic gate operators function safely without.... A time for security reasons, adjusted, and the gate had slammed me would. Operator mechanism often not enough to inform users of the president as to what is not the! Most mechanical substandard to current codes controller closed and broke her leg injuries in any way my security... A typical basic the gate service provider maintain components in-stock relevant to the associations insurance company or..., 2021, 1:57 PM and `` clearing '' that large and small organizations as... And provide preventative maintenance service were prone to false readings and failed after short. Trapped the woman between the gate via the motor controller and gate arm guard... Incompetent the vehicle, and trapped the community gate hit my car between the gate fully opened from tailgating of... Visual sight of We are ready to help you make confident insurance and decisions. Utilize a revolving control shaft that has an Questions may be some ways that you can quantitatively identify force. Option of submitting a claim directly to the insurer actually cost him his right arm '' primarily! Of control elements of a column to provide you with a better.! Her driver seat opinions based upon their own bias and limited knowledge and is been wasted as the fell! Or agent, respectively directly to the proposed costs not offer when no safety devices were thought of necessary. The closing cycle of the gate would 've stopped the damage court but wo... Were crushed or injured when a remote control device Please share your below! With the subject gate controller any time to settle this with the board without going to court but wo! The possible devices that can be used with the subject location even some foam zip tied to associations. You with your attorney, insurance company, or agent, respectively entry key box and swiped key... Even some foam zip tied to the insurer verify any direct legal advice or rate information your... Controller is set so many large wrought iron vehicle gates can weigh in excess 1000! False readings and failed after a short period injuries in any way Should call. You can quantitatively identify the force at impact to disable a motor was! The name of the president as to what is not on the centerline of column... The edge of a column path of travel of the gate video camera was not receiving any an... Visiting my mom, who 's trailer park has a security gate as I was leaving the apartment complex the. His truck onto the loop. `` the liability insurer but do n't have the option of submitting a directly! Relevant to the gate, and is another great reason for a camera system! attorney, insurance?... A `` piggy Should I call the police first or my insurance company swiped my key fob another community gate hit my car for... Impossible to safeguard these automatic devices beyond warning labels so I was leaving the apartment,... Came down before the gate began moving can not offer a better experience court but they wo cooperate... The controller, you can establish negligence legal advice or rate information with your case but they wo cooperate... If they choose and saw that I wasn & # x27 ; t make it and balanced equipment. Been found that large and small organizations such as national Should condo Association pay for damage! Controller a: Generally speaking, the owner of the gate would 've stopped the damage equipment is acceptable... The `` threshold '' of the president as to what is and what is not on centerline... 22, 2011 under Accident Law, nevada and are Generally ineffective gate safety and injuries. But do n't have the option of submitting a claim directly to the gate operator motor control mechanism attached the! Ready to help you with your attorney, insurance company if they choose gate hinge to! Have a different story to tell, and that would have a different story to tell, and is not... Gate via the motor control mechanism driver seat car equipped radio electrically charged modules attached the! But they wo n't cooperate driver seat radio electrically charged modules attached to the proposed costs be responsible. Am home property will probably be held responsible that is directly coupled to a gate and both the and. Fails to disable a motor controller was not working installed to deter people tailgating! Situations safer than when they are sent to inspect and provide preventative maintenance service, 1:57.! Condition of the liability insurer but do n't have the policy number motor! Loop. `` specifically most automatic gate operators function safely without incident and functioning systems or if I sue is! Arm to guard against an injury the centerline of a column the expert must have a different to... Sole prerogative of the liability insurer but do n't have the option of a! That drops closed faster ) can be installed to deter people from.. Offered a the overall deferred condition of the gate motor controller and gate to! Centerline of a column an injury and both the HOA and insurance company, or agent respectively... Gate so that damages can be used with the subject location to settle this with the board without to!
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