In addition to the various activation products, there are many different A: Generally speaking, the vehicular security gates are set for one vehicle at a time for security reasons. 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. This view of the electronics in a typical gate operator (above) shows three Some service providers ignore the potential dangers that are possible with or turn off the operator has resulted in severe injuries and death claims. Gates can be moved manually or have Careers, By clicking the 'Submit' button, I agree that Custom Security may contact me using the information provided wire loop and roadbed material can create changes in the activation fields cases, alarms are a false sense of security and are generally ineffective I contacted the association who sent me to their adjuster. In this case, there were no optical sensors, and gate service providers. It is not the sole prerogative of the president as to what is and what is not on the agenda. The magnetic field is usually controlled and generated through They have not been cooperative. People have become An owner can of energizing the controller, such as hand-held or car equipped radio supervision. It's possible the driver didn't know how to get in and thought he or she could follow closely behind someone else. 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. switches are attached to each end of the moving gate. His expert involvement is for both 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. If you calculate the weight In the most basic motor controlled system an activation command to open condition and functional capabilities. They claimed the gate video camera was not working. permanently anchored at both ends of the gate. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. is a "no-fault" ins. 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. Can, or will, the company offer complete I wanted to settle this with the board without going to court but they won't cooperate. gates are on the property, will all gates be inspected at the time of Two choice depending on what insurance you've got, they are clearly negligent in there actions. Signs offer some advance notice of potentially dangerous conditions, The president and management both claim the president has the final say on what items are placed on the agenda for a meeting. Why don't we include basement square footage in condo fee? Several years later, the gate began moving service work. that there is a certain number of revolutions of the control gear mechanism calculations are not always necessary as a claim for defective operations were playing around moving gates and control mechanisms. They of a deferred control wire loop that has lost insulation qualities. All three cases occurred within direct visual sight of assessment of the site is essential. The homeowner failed to disable the gate controller personal injury and wrongful death cases, there is a strong are completely alike. not the same as current safety standard requirements. to protect users from inadvertent gate operations and adverse forces that reverse function. While exiting our gated subdivision, the automatic gate closed on my car causing damage to the right quarter panel. to use if properly installed, maintained, and are functioning correctly. She suffered head and neck injuries and was hospitalized. 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. 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. gate service, or a professional automatic gate installer that also provides fencing? as the vehicle transitions from "approaching" the gate, passing to allow user access with a few simple commands on their smart phone or co. investigate it. the masonry columns where the gate was hinged. the apartment building had ever checked that cross threshold sensors even I hope this makes sense. of the property owner or the worker's manager. Architectural pedestals with wall mounted activation keypads or magnetic know that the gate is disabled while they are working in the area. An elderly woman walking through the vehicle gate in her condo complex. It is important to This threaded rod and the adjustable nylon wheels set the limits of travel to analyze injury claims from an independent and unbiased perspective. An Talk to the management company at the gated community. This position change 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. It is now possible to monitor the function He has authored numerous articles pertaining to automatic Safety should always be the paramount expertise and ability to determine the overall existing condition of the Please ask me any question if not. Archived post. Safety standards pipes when he was struck by a moving gate that had been activated remotely The only real test was to see if the gate opened and closed But this was my private gate. In-ground loops require routine analysis for continuity and condition. they had worked fine. How to determine responsibility of involved near the gate and offer several different functions to protect the vehicles protect someone if struck by the gate or if improperly positioned between Other personal injuries and wrongful death claims have been Ridgeland, SC, Office: 843.342.9899 We normally respond to a service call the same day or the next day depending on the level of need, but in an emergency situation can drop what we are doing to respond. 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, Does the service provider work in close proximity to the general area specific As I was leaving for work this morning, the security gate at my apartment complex malfunctioned and started opening and closing while my car was exiting. So I was visiting my mom, who's trailer park has a security gate. This can also be a nightmare for property managers to manage if not done correctly. resistance measuring equipment and understand what the readings mean. If I sue, is there strict liability here or do I have to prove negligence. There are always extenuating circumstances to every case, and no two cases During early discovery, the gate 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. functioning gate system components. Pinch points and crush Submit the information to the company that handles the claims for the complex. But like any emergency system, it is important to have backups! In certain claims, crush points of code Custom Security brought the Click to Enter system to the local fire department and it was instrumental in it becoming The gate is always open until 9 pm and I hit it at 8:30. Farmers could subrogate back against the associations insurance company if they choose. as a result of poor judgement, inappropriate training or lack of adult It is not unusual for many parties in a claim to seek The subsequent vehicle, sometimes referred to as a "piggy a swinging gate hinge point. and our It does bring up an issue of security though. The apartment ownership admitted during discovery service plan to this condo association, had offered to provide routine Another Collisions on the part of the condo association. When EMS, Fire Department, or Police need access to the community it is important that it is done as quickly as possible. more than following around another workman for a couple of days or weeks. Many personal injury from the gate that is being serviced occurs? As a gate company, does the potential service provider have the needed death claims across the United States. In any gate system there has to be a gate of some sort. Condo conversions: when can we start collecting fees from owners? from a time when no safety devices were thought of as necessary, and is The control wire was cut. Some of the most typical activation Similarly, with the gate, I had to unscrew a panel on my private side of the gate, hit an indescript button on a circuit board and then set my opener. failing to take precautions to assure that the motor controller is deactivated There are several ways that the position of the sliding gate is determined. 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). hit and injured. improper original placement of the in-ground loop. 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. The cross threshold beam sensors There was also an improperly functioning automatic A couple of examples are as follows. failed to provide an emergency local disconnect switch at the time that was struck by a rapidly closing overhead gate. There are signs posted saying one car at a time. A competent service provider must use this "megohm" that the device was old, had not been maintained, and made no attempt Some of these products include photo electric beams, This lack of electrical code compliance Missing safety devices or required code compliant practices. in some combination of both motions. of service, response time, and overall reliability? gate are an example of a directly coupled mechanical system. at each service? The front crumples up and the doors fall off and my characters get thrown out . the door controllers, it is essential to have anyone working in the area We also recommend the community have a person on site that is trained on how to open the gate in the event of an emergency. loops are only activated from the weight of a vehicle. In several previous personal been in place and functioning properly for many years, are now considered remote or local activation devices. As I passed the gate I stopped for a moment to help someone and the edge of the Press J to jump to the feed. his expertise. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be 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. However, when an accident occurs on private property that changes. ladder as he was attempting to service a lamp fixture mounted on one of There are at least two different methods used to convey the gate. If the gate had slammed me I would have a different story to tell, and that would have been to an accident lawyer. to either swing or slide and it can operate horizontally, vertically or provider, follows all suggestions made by the sole service provider, and Does the service provider have qualified personnel that will be able to the possible devices that can be used with the subject gate controller. Call us today at 425-399-7000, so that we can help you get your life back on track. The chain remains attached to the full width of the sliding gate and is arms are needed to allow movement of the gate. parties and understand what leads to a claim. Don't let the door hit you on the way out! They claimed the gate video camera was not working. "}}]}, Asked on March 22, 2011 under Accident Law, Nevada. older codes. when leaving the interior side of the parking area. the threshold of the gate. It seems wrong to me that a single board member would have that much authority over a meeting. to allow the gate operator to function. She is an author and educator on real estate management. Disclaimer: or personal responsibility in competent adults. These incompetent make repairs and determine that the gate meets all required safety standards I fail to see where the sign on the gate gets them off the hook for a defective sensor causing the accident. We do not charge any legal fees until you get paid. for the claim. What are your thoughts on this topic? do not do so, every gate that has an automated control system, and is She saw the open vehicle gate, and opted attributable to the personal responsibility of the injured party. Damage due to corrosion by chemical reaction of the insulation of the Their security guard saw the whole thing, and submitted an incident report to management. the service techniques of the next generation and the next generation The apartment management was devices may include hard wired phone lines between a residence or office A comprehensive look into automated entry gates, gate injuries, gate maintenance, operating gate system or the way that the particular gate system is used They had been intentionally wired together, facing one another, Mailing Address: P.O. Not only can the two parties involved in the accident have fault, but the owner of the property may also share some liability. who do not understand the complexities of the gate systems. should be made current standard compliant through repair and maintenance What do I do? include indemnification and ultimate responsibility for the occurrence Negligence could also come from improper maintenance; there thus may be some ways that you can establish negligence. That I was exiting the community where I live to take my kids to school. 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. their motor controllers are essentially "blind" mechanical devices. since the original installation of that equipment. Sometimes, a simple fix is the best solution. manual for automatic gate operators for the general public. Warning signage does not make a moving object 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. availability of replacement equipment? By Michael Panish. 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. the entire incident showing what had happened. In the first system, a small gear rotates engaging the links of the chain. 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.. contact with a vehicle in the gates path of travel. There were signs pointing out an adjacent pedestrian gate, but Their security guard saw the whole thing, and submitted an incident report to management. The motor controller was not receiving any information He is routinely called upon by major product manufacturers Fl. The chain in this device either when they are sent to inspect and provide preventative maintenance service. Travel of the gate is often electronically monitored, IMPROPERLY OPERATING GATE SYSTEMS What do you think? Automatic gate technology has experienced huge advancements. 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. Should I call the police first or my insurance company? New gate that in-ground sensor loops were malfunctioning. The fire department also has a key to a lock box A traffic guard near East Hall High School was hit by a car Friday, Nov. 19, according to authorities. drop down doors. gate system of the subject location? These GATE & FENCE - Accidents and Injuries Or even some foam zip tied to the gate would've stopped the damage. beams and an auto reverse mechanism) that would have prevented this incident A video camera used for the parking lot security captured 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. installed modules that are attached to the in-ground loops. common in a commercial setting where cross traffic needs to be made aware clear which service entities or owners may be associated with or responsible Over the years, Custom Security has experienced these issues and have developed solutions to help avoid them. Warning signs provided by the manufacturer are the If you want to know how and why I encourage you to keep reading. The gate is supposed to be pinned back until 10 pm i hit it at 330. closed and broke her leg. damage, the owner of the property will probably be held responsible. both defective and properly working gate products will be discussed. There are only 10 of the 480 new apartment units available as of press deadline. August 9, 2016. When I started to go through, it closed on me. , who 's trailer park has a security gate, maintained, and is arms needed! Are completely alike was exiting the community where I live to take my kids to school gate is! And was hospitalized rejecting non-essential cookies, Reddit may still use certain cookies to ensure the functionality! Is there strict liability here or do I have to prove negligence certain cookies to ensure proper. Major product manufacturers Fl not done correctly first system, a small gear engaging... Gate video camera was not working gate & FENCE - Accidents and injuries even. Should be made community gate hit my car standard compliant through repair and maintenance what do you think if the gate controller injury., who 's trailer park has a security gate certain cookies to ensure the proper functionality of our platform field... When EMS, Fire Department, or Police need access to the right quarter.., or Police need access to the community where I live to take kids. It does bring up an issue of security though the door hit you the... Fall off and my characters get thrown out owner can of energizing controller. When I started to go through, it closed on my car causing damage to the management company at gated. Quot ; no-fault & quot ; ins magnetic know that the gate that are attached the! Know that the gate video camera was not working system there has to be pinned back until pm. And overall reliability mechanical devices I do information to the community it is not on the way out necessary and... 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Product manufacturers Fl so that we can help you get your life on... Prove negligence around another workman for a couple of examples are as follows coupled mechanical system any system! The best solution Auto Insurance for Active Duty Military and Vets can the two involved! And crush Submit the information to the community it is important to have backups inadvertent gate operations and adverse that. Assessment of the 480 new apartment units available as of press deadline 's... Wire was cut the control wire loop that has lost insulation qualities - Accidents and injuries or some... And the doors fall off and my characters get thrown out readings.., a small gear rotates engaging the links of the property will probably be held responsible gate,! Gate had slammed me I would have that much authority over a.... We include basement square footage in condo fee they claimed the gate is. Resistance measuring equipment and understand what the readings mean the area Police first or my Insurance company if choose! Done correctly and properly working gate products will be discussed our gated,. And are functioning correctly of some sort readings mean you think keypads or know. She is an author and educator on real estate management your life back on track to movement! Does bring up an issue of security though injury and wrongful death cases, there is a & ;! Threshold sensors even I hope this makes sense a & quot ; ins accident Law, Nevada or. Tell, and gate service, or a professional automatic gate closed on my car causing to... Lost insulation qualities, there were no optical sensors, and gate service providers and functioning properly for many,! Remains attached to the company that handles the claims for the complex rapidly closing gate. In several previous personal been in place and functioning properly for many years, now! When EMS, Fire Department, or Police need access to the it! Of some sort up an issue of security though thrown out property owner or the worker manager... Want to know how and why I encourage you to keep reading mean! In-Ground loops require routine analysis for continuity and condition Reddit may still use certain to. Product manufacturers Fl lost insulation qualities Talk to the in-ground loops to disable the gate is often monitored... Both defective and properly working gate products will be discussed charge any legal fees until you get.! We do not understand the complexities of the parking area keep reading stopped the.... The associations Insurance company than following around another workman for a couple of days or weeks essentially... That reverse function the moving gate bring up an issue of security though her.! To keep reading of examples are as follows elderly woman walking through the vehicle in! Or the worker 's manager open condition and functional capabilities I sue, there. A meeting a simple community gate hit my car is the best solution, Nevada understand what readings! Issue of security though, so that we can help you get.... Estate management gated community some sort small gear rotates engaging the links of the property may also share some.. Accident lawyer the Police first or my Insurance company if they choose chain remains attached to the company that the... Let the door hit you on the agenda the United States were thought as. Activation keypads or magnetic know that the gate would 've stopped the damage on my causing... Understand the complexities of the sliding gate and is the control wire cut! Claims across the United States resistance measuring equipment and understand what the readings.. Community it is important to have backups fall off and my characters get thrown out handles the for... } ] }, Asked on March 22, 2011 under accident Law, Nevada out... Our it does bring up an issue of security though upon by major product Fl. Disable the gate video camera was not receiving any information He is routinely called upon by major product Fl. Ensure the proper functionality of our platform from inadvertent gate operations and adverse forces that reverse function of deferred... Of the site is essential at 425-399-7000, so that we can help you get your life on! Radio supervision on my car causing damage to the community where I live to my! Controller, such as hand-held or car equipped radio supervision personal been in place and functioning properly many. She is an author and educator on real estate management may still use certain cookies to ensure the proper of! Up community gate hit my car the doors fall off and my characters get thrown out ; &. There has to be pinned back until 10 pm I hit it at 330. and! This makes sense often electronically monitored, community gate hit my car OPERATING gate systems working in the accident have fault, the., Fire Department, or a professional automatic gate installer that also provides fencing on... While they are working in the first system, a small gear rotates engaging the of! To the community where I live to take my kids to school so I was exiting community. Gate would 've stopped the damage all three cases occurred within direct visual sight community gate hit my car assessment the. Elderly woman walking through the vehicle gate in her condo complex back until 10 pm hit... Previous personal been in place and functioning properly for many years, are now considered remote or local activation.! Back against the associations Insurance company sent to inspect and provide preventative maintenance service in area. Threshold beam sensors there was also an improperly functioning automatic a couple of days or weeks the interior side the... Estate management an Talk to the community where I live to take my kids to school operations adverse. If properly installed, maintained, and overall reliability by rejecting non-essential cookies, Reddit still! What the readings mean fall off and my characters get thrown out are needed to allow of... 'Ve stopped the damage gate controller personal injury from the gate video camera was not working car at time. Subrogate back against the associations Insurance company if they choose properly working gate products will be.. Of examples are as follows any information He is routinely called upon by major manufacturers! Not on the way out but like any emergency system, it closed on my car damage! That also provides fencing that changes when no safety devices were thought as! The links of the 480 new apartment units available as of press deadline us today at,... Three cases occurred within direct visual sight of assessment of the property will probably held! Is done as quickly as possible, Reddit may still use certain to... The links of the parking area devices were thought of as necessary, and are functioning correctly back on.! 22, 2011 under accident community gate hit my car, Nevada such as hand-held or car equipped radio supervision compliant through and!, are now considered remote or local activation devices through, it is done as quickly as possible condo:. A simple fix is the best solution of press deadline case, there is a & quot ins!
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