What Types of Garage Door Accidents Can Occur?
Garage door accidents are not uncommon but they can still occur due to poor installation and lack of maintenance.
Whether the accident happens inside your own home, someone else’s home, or a public place, a garage door accident can be very serious. Some common garage door accidents include:
- Falling garage door hitting you
- Body part in between the moving parts
- Suffocating from under a closing garage door
- Lacerations from broken glass of a garage door
What Types of Injuries can be a Cause by a Garage Door Accident?
A garage door malfunctioning can cause any number of serious injuries, depending on the severity of the accident. Injuries that can be a cause by a garage door accident include:
- Lacerations on face/body
- Head trauma/concussion
- Internal organ damage
- Suffocation and lung damage
- Broken bones
Who can be Liable in a Garage Door Accident?
To figure out who is liable in a garage door accident, it is crucial to know what caused the accident or any malfunction of the garage door. Among those that can be a consideration in a liable party include:
- Property owner or tenant
- Garage door seller
- Garage door manufacturer
- Garage door designer
- Garage door installer
What Damages can I be Compensated for in a Garage Door Accident?
If you file a lawsuit after a garage door accident injury, then compensations are applicable for damages or losses due to the accident. For instance, these include both economic and non-economic damages, including:
- Medical bills
- Physical therapy
- Lost income and/or earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Legal Grounds for Filing a Lawsuit for Injuries Caused By a Garage Door Accident
To file a lawsuit for a garage door accident, a plaintiff must prove that the injury occurred as a result of:
- Negligence
- Design defect
- Equipment malfunction
In such cases, both negligence and strict liability may apply. If improper installation caused the accident, the property owner may face liability.
Property Owner Negligence
Under California law, property owners have a duty to maintain their property in a safe condition. This includes ensuring that garage doors are in working and safe condition. If an owner was aware of a defective gate and failed to repair it, he or she may be found guilty of negligence. Liability can also arise if the victim was on the property with permission. For example, as a guest.
Manufacturer and Seller Liability
In cases where the accident was caused by a defect in the design or mechanism of a garage door, the manufacturer or seller may be held liable. California law provides for strict liability for defective products. This means that a plaintiff does not have to prove that the manufacturer was negligent. He or she need only prove the existence of the defect and the causal connection between the defect and the injury. In addition, distributors and retailers may also be liable under certain circumstances.
Documenting the Incident and Evidence
To increase the chances of a successful case, it is important to gather and preserve as much evidence as possible. This includes:
- Photographs of the scene
- Surveillance video
- Medical reports
- Witness statements
- Copies of gate sales contracts and service records
The more complete the information provided, the greater the likelihood of a successful claim.
Statute of Limitations
The statute of limitations under California law should be considered. Typically, an injured person has two years from the date of injury to file a personal injury lawsuit. If the product has a defect, the time frame may change.
Missing the statute of limitations may result in the loss of your right to recover damages, so it is important to act in a timely manner.
Legal Assistance
Because garage door injury cases can involve multiple sides of a cause of action, legal assistance is crucial. The attorneys at KAASS LAW are experienced in handling these types of cases and will help determine the best strategy to protect the injured party’s interests.
What Should I do if I Was Injured in a Garage Door Accident?
If you or a loved one have been injured in a garage door accident, we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles garage door personal injury lawyer. Our attorneys will help you determine the liable party and proceed accordingly.