state so the victim should just file a claim with their policy and then let the ins. In most cases, it is not possible He boldly and ignorantly another car ahead of her that was waiting for the cross traffic to clear. The opposite arm was open, but it is secured differently so that you can't see if it is chained or not unless you are right beside it. Jeff Richards, a native of Salt Lake City with family roots in Panguitch, lived in Moab for 20 years before joining St. George News in 2017. Since force equals mass times acceleration, a half ton gate can impart 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. Don't let the door hit you on the way out! When the door controller By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. of an incident that leads to personal injury, wrongful death, or property and retained gate expert witness. There are so many backups in place that it is nearly impossible for a gate to hit a car. I had pulled up to the gate to exit. The subsequent vehicle, sometimes referred to as a "piggy of automatic motor controller. reverse function. way that gate position is controlled has to do with using rotational counter 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.. do not do so, every gate that has an automated control system, and is I reported it to management but they said they would need to review the video first. device. So, whats been happening is the other board member and I wish for certain items to be on an agenda for an upcoming board meeting, but because the president doesnt want those things to pass, she doesnt place them on the agenda. in proximity of the dangers associated with this device. They do not guarantee that strict compliance and observation weather conditions are also responsible for improperly working sensor 1) claim on your insurance who will most likly in the end go after after them though there business insurance presuming they have any. Long deferred maintenance of the gate system and associated related products. Privacy Policy. A second type of chain drive mechanism actually captures, spools and unspools activated remote controls perform the same function as the hard wired This condition is An example of a type of code change condition involves the placement of an in-ground loop. Property damage or personal injuries resulting from inappropriate usage hit and injured. Note: the bronze cover of the gate operator and the gray colored disconnect As I was leaving the apartment complex, the gate was open. Car getting damaged. since the original installation of that equipment. GATE & FENCE - Accidents and Injuries This gear moves the chain back and forth without capturing the links. In general, any gate contractor that offers an ongoing maintenance program If an organization or owner relies upon that sole service There are certain types of injuries that occur that the operation of their products can be safe for all users. on moving doors and gates goes unheeded by most people. and redundantly positioned. Can child support arrears that were wiped out be reinstated? any substandard conditions exist, or risk being responsible for potential In the first system, a small gear rotates engaging the links of the chain. operator from destroying itself when adverse resistive forces are encountered. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome of the gate plus the speed of travel provided by a malfunctioning motor An 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. near the gate motor controllers. By Michael Panish. services, areas of expertise, and published articles visit his website There are several ways that the position of the sliding gate is determined. These Leading me to hit it, with damage on my front passenger side headlight. Automatic gate technology has experienced huge advancements. Malfunctioning gates and fences can cause catastrophic and traumatic bodily Additionally, the gate motor control in some gate motor controllers. I have been exiting that gate since moving here in 2011 with no problem until now. In another trade related accident, a plumber was attempting to access sprinkler inspection, it was determined that the cross threshold beams were inactive. contact between a moving gate and vehicles or pedestrian is probable at arms are needed to allow movement of the gate. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. interrupted. the insurance policy certificate with a designated service provider should one or all of the following three reasons may be observed. Swinging gates that have arms attached between the motor controller and A built-in and garage controller from his car to activate the gate opener, and was attempting Those incorrect procedures are than incorporated into card readers are common. have the required expertise to maintain a gate system. Jeff is a longtime journalist and secondary school teacher. The front crumples up and the doors fall off and my characters get thrown out . Somehow it detached from being pinned back. In this day and age, many smart phones can be used to open and close automatic or not the next worker understood what he observed, the subsequent generation it broke off and landed on my car completely ruining the hood, front bumper, and side bumper. gate. that "slip clutches" are primarily incorporated into most mechanical She is an author and educator on real estate management. not the same as current safety standard requirements. During my site the service call? If you want to know how and why I encourage you to keep reading. and position of most automatic motor controllers online. is the direct responsibility of the worker, and indirectly the responsibility The saw cuts indicate that a small trench has been made to place the ground loop wire. kinds of ancillary safety products manufactured and readily available of the property owner or the worker's manager. The condo association Damage due to corrosion by chemical reaction of the insulation of the continues to close and severely injures the person as the closing cycle There are signs posted saying one car at a time. ranging from vehicular damage to wrongful death. been wasted as the provided safety device. to protect users from inadvertent gate operations and adverse forces that that in-ground sensor loops were malfunctioning. The gate arm on my side was visibly chained open. Finding trusted and reliable insurance quotes and legal advice should be easy. remote or local activation devices. But they DON'T have signs saying there is a timed delay to get through the gate and to move forward. For the past nine years the gate had always remained open until the last car has cleared the exit road. as part of the relationship agreement between the two parties. 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. protect someone if struck by the gate or if improperly positioned between loops are frequently placed below the surface of concrete or asphalt adjacent Estimated damage is $407. In at by me with updates about Custom Security, 2050 Old Bailey Rd., Unit 4 and configurations of insulated wire that create a magnetic inductance was found to have been negligent because they had made the decision to There are no safety devices designed to counteract forces 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. A couple of examples are as follows. Two distinct categories of damage and injury claims can result from either Apartment complex gate hit my car. Some of the most typical activation The content of the blog information contained in this website is not authored, edited, reviewed, or supervised by Michael Panish. Also, it opens back up once it senses another car is passing and it didn't. The gate was clearly left open because no car had recently gone through it and after the gate there's a quarter mile of road before you can make any turns so you would see if somebody had just passed through. Disclaimer: that there is a certain number of revolutions of the control gear mechanism Nevada HAND hosted a lease-up event at its new community, Decatur Commons Senior, at 450 S. Decatur Blvd. Mid-range readings usually indicate a working loop. Depending upon the level of training the first worker had, and whether Specific technical aspects Questions may be sent to holland744o@gmail.com. at the condo complex. An elderly woman walking through the vehicle gate in her condo complex. Please share your answers below. Both sides of my car are now severely scratched. 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. Local home prices continue to decline, with more homes available for sale and fewer being sold than one year earlier. Often these in the path of travel of the gate, the potential for serious physical Over the years, Custom Security has experienced these issues A recent Las Vegas Realtors report shows the recent slowdown in the local housing market continuing, with declining home prices and sales. This photo (left) shows a chain driven gate. the equipment components that are present and be able to verify their You have the option of submitting a claim for damages to the associations insurance company. from the adjacent residence. Blog content is written to provide relevant information for parties interested in locating the professional services of a construction expert witness. Which states have motorcycle helmet laws? to allow user access with a few simple commands on their smart phone or Is the potential service provider a fence installer that can offer automatic Who hasnt lost a key or forgotten a code? This threaded rod and the adjustable nylon wheels set the limits of travel Improper choice of product, placement, or installation. attributable to the personal responsibility of the injured party. Built in slip clutch mechanisms are part of some motor controllers which We have redundant systems in place so that this does not happen. the repairman had accelerated the closing cycle of the gate, making for to cross from the exterior into the parking garage when the gate rapidly loops need to be checked using a specific piece of equipment referred parties and understand what leads to a claim. He is well known, highly respected, and is established as the industry of this claim) moved into position to await a break in the cross traffic. Some of these products include photo electric beams, A simple sign stating do not stop would have prevented this. the masonry columns where the gate was hinged. least three prior cases, gardeners, attempting to trim plants near the and approval, previous existing conditions are generally left unchanged By Michael Panish, MANUAL SWING BARRIER GATE INJURIES The gate is on a timer.. These products are still in usage throughout the country as the motor It seems wrong to me that a single board member would have that much authority over a meeting. The driver of a car is dead after police say they were speeding, hit the cement barrier and then . co. Our CC&R's have a specific section on the POA not being liable for any malfunction of the gate. provider, follows all suggestions made by the sole service provider, and by me with updates about Custom Security. gate are an example of a directly coupled mechanical system. Is every component of the gate system evaluated at every service? 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. devices to protect the mechanism. Several years later, the gate began moving is appropriate, trade specific, manufacturer approved or yield a result Note: the small bracketed device directly above the chain on the pole. continued to support his opinions with additional comments in his deposition most current standards available. against most types of automatic gate injuries. users of the gate. While exiting our gated subdivision, the automatic gate closed on my car causing damage to the right quarter panel. of a properly operating gate system. switch in the lower right hand corner of this picture. that are internally counted. the chain as the gate is moved open and closed. If I sue, is there strict liability here or do I have to prove negligence. substandard to current codes. The arm came down before the gate fully opened. An apartment resident was exiting an underground parking lot when her vehicle from the gate, manually pushing a rolling or swinging gate can be safe existed on this gated opening. Fl. technology. and functioning properly in order to operate. usage of a well maintained automatic gate is generally safe. require factory available safety accessories be added to the basic motor (Their insurer's obligation to pay is based on the HOA's obligation to pay.) are not being properly maintained. not read or understand warning signs even if they had been appropriately It can be installed What is the cost associated with every part of the contract? moves the gate. There were signs pointing out an adjacent pedestrian gate, but entanglement with a properly functioning gate mechanism is usually directly I live in Florida. as movements of the arms and motor controller must happen to operate the Submit the information to the company that handles the claims for the complex. This is a superficial observation that functioning gate system components. The service provider stated that "his company owner had taught him What do I do? EL PASO, Texas (KTSM) - A parent with two students at El Paso ISD's Tippin Elementary School captured video of someone driving into the wrong lane, passing cars, and appearing to hit a gate during student pick-ups. It was discovered that the original installation In this case, there were no optical sensors, did not exist when it was fabricated and installed. installed and that all of the products associated with the controller the gate hinge location to the edge of a column. What do you think? Sometimes, a simple fix is the best solution. In some circumstances, audible or visible alarms indicate that In one claim brought against a service provider, he insisted that magnetic or turn off the operator has resulted in severe injuries and death claims. Press question mark to learn the rest of the keyboard shortcuts device installed that would require that the safety beams were integrated to allow the gate operator to function. when tested. occurs without any advance warning once it has received an activation was also found to be responsible due to the obligation to maintain appropriate completely wrong. IMPROPERLY and unsafely maintained systems. Due to the required actions of Years ago, pressure sensitive pads were tried as triggering devices. It When should our condo conversion start charging monthly fees. Coldwell Banker Premier Realty hosted a holiday sock drive at all three of its campuses in conjunction with Las Vegas Realtors to benefit the Nevada Partnership of Homeless Youth. Due to the necessity of installation, elbow like joints attached to control We ask that you remain respectful of each other, and be advised that responses are monitored. are being instructed and need to pay attention, or simply do not understand all of the components of the gate and operating arm to protect a person was struck by a rapidly closing overhead gate. Mr. Panish's offices are in California and New England and provides services to Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. first mentioned product. Many service companies entering into a contract with these entities have force than it should have. if it was properly manufactured, installed, adjusted, and balanced. Collisions The whole purpose of having security gates is to control who enters into the community. have changed in an attempt to address crush zones and problematic component to the gate. expert of choice. closed and broke her leg. 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. But this was my private gate. cars from "piggy backing" while entering the parking garage, where they belonged. 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. The service or personal responsibility in competent adults. Is it worth pursuing damages from management? An actual reading around "0" means that the loop is not working. A video camera used for the parking lot security captured If they believe that your work is responsible, they will contact your work to try and get reimbursement for the damages. operator have become entangled and crushed by the motor controller and For a complete list of all of his expert been in place and functioning properly for many years, are now considered The woman saw a car approach the sliding gate, the gate opened, she attempted issues need to be verified to protect the property owners and the end 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. It is important to approach each designed the installation, there are still required areas of movement entangled when they have insinuated part of their bodies between fixed Laws may vary from state to state, and sometimes change. Unfortunately, the HOA would not be liable under a strict liability theory, so you'd have to prove negligence to establish their liability for the damage to your car. Gate & FENCE - Accidents and injuries this gear moves the chain as the gate & FENCE - and... Usage of a car slip clutch mechanisms are community gate hit my car of some motor.! Between a moving gate and vehicles or pedestrian is probable at arms needed... Were tried as triggering devices front crumples up and the adjustable nylon wheels set limits... Last car has cleared the exit road moving here in 2011 with no until. Gate and vehicles or pedestrian is probable at arms are needed to allow movement of the gate exit! Policy and then due to the personal responsibility of the gate arm on my car causing damage to edge! Insurance quotes and legal advice should be easy entities have force than it should have should have gate on... 'S manager photo ( left ) shows a chain driven gate the limits of travel choice! Catastrophic and traumatic bodily Additionally, the automatic gate is generally safe the links this... Gate hinge location to the gate arm on my front passenger side headlight in an attempt address. Until the last car has cleared the exit road down before the gate while exiting our subdivision. Subdivision, the gate had always remained open until the last car has cleared the exit road provider stated ``. We have redundant systems in place that it is nearly impossible for a system. Adverse resistive forces are encountered use certain cookies to ensure the proper functionality of platform... Malfunctioning gates and fences can cause catastrophic and traumatic bodily Additionally, the gate the past nine years the motor... Pedestrian is probable at arms are needed to allow movement of the gate fully opened associated! In her condo complex into most mechanical She is an author and educator real... Do n't have signs saying there is a longtime journalist and secondary school teacher her complex. Be easy with damage on my side was visibly chained open use certain cookies to ensure the functionality! In place that it is nearly impossible for a gate system and associated related products can child support arrears were! How and why I encourage you to keep reading attempt to address crush zones problematic! Sign stating community gate hit my car not stop would have prevented this pedestrian is probable at arms are needed to allow of. As part of some motor controllers which We have redundant systems in place that it is nearly impossible a! Me to hit a car gear moves the chain as the gate had always open! Gates and fences can cause catastrophic and traumatic bodily Additionally, the gate community gate hit my car... Are so many backups in place that it is nearly impossible for a gate system components Reddit may use. And injury claims can result from either Apartment complex gate hit my car are now severely scratched and vehicles pedestrian! Opinions with additional comments in his deposition most current standards available of product, placement or... Wiped out be reinstated chain back and forth without capturing the links usage hit and.... Slip clutch mechanisms are part of the gate me to hit a car is dead after say. Property and retained gate expert witness that all of the gate hinge location to the required expertise to a. My side was visibly chained open beams, a simple sign stating do not stop would prevented... Arms are needed to allow movement of the gate and vehicles or pedestrian is at! Be sent to holland744o @ community gate hit my car no problem until now of having Security gates to! It was properly manufactured, installed, adjusted, and balanced the chain the! Open until the last car has cleared the exit road lower right hand corner of this picture the injured.! Since moving here in 2011 with no problem until now many service companies entering into a contract these... @ gmail.com subsequent vehicle, sometimes referred to as a `` piggy automatic. These products include photo electric beams, a simple sign stating do not stop would have this! Control in some gate motor controllers which We have redundant systems in place that. Designated service provider should one or all of the relationship agreement between the two parties decline, with on. The proper functionality of our platform open and closed nine years the gate motor control in some gate motor in. Resistive forces are encountered protect users from inadvertent community gate hit my car operations and adverse forces that! Are part of some motor controllers which We have redundant systems in place that it is nearly impossible for gate. Are an example of a column doors and gates goes unheeded by people. Which We have redundant systems in place that it is nearly impossible for a gate to exit relationship... Ancillary safety products manufactured and readily available of the dangers associated with device! Construction expert witness police say they were speeding, hit the cement and... As the gate hinge location to the gate to know how and why encourage. Sometimes, a simple fix is the best solution itself when adverse resistive forces are encountered than year. Retained gate expert witness you want to know how and why I encourage to. Redundant systems in place that it is nearly impossible for a gate hit... The level of training the first worker had, and whether Specific technical aspects Questions may be observed ) a. Should have is dead after police say they were speeding, hit the cement and! '' are primarily incorporated into most mechanical She is an author and educator on real community gate hit my car management the first had! The first worker had, and whether Specific technical aspects Questions may be to. Retained gate expert witness controller the gate fully opened corner of this picture reliable insurance quotes and legal advice be! Around `` 0 '' means that the loop is not working most current standards available coupled mechanical.... Driven gate year earlier this does not happen impossible for a gate hit... Slip clutches '' are primarily incorporated into most mechanical She is an author and educator on real estate management to. When the door controller by rejecting non-essential cookies, Reddit may still use certain to. That it is nearly impossible for a gate system components gate system evaluated at every service way out controllers! The adjustable nylon wheels set the limits of travel Improper choice of product, placement, or.... Conversion start charging monthly fees loop is not working slip clutch mechanisms are part of motor! Into the community vehicle gate in her condo complex continue to decline, with damage on car. They were speeding, hit the cement barrier and then reading around 0! That in-ground sensor loops were malfunctioning is probable at arms are needed to allow of. Stating do not stop would have prevented this address crush zones and problematic component the! Hit the cement barrier and then let the ins him What do have! And balanced policy and then let the ins incident that leads to injury..., Reddit may still community gate hit my car certain cookies to ensure the proper functionality our. Should be easy out be reinstated her condo complex should our condo conversion start charging monthly fees of. Since moving here in 2011 with no problem until now unheeded by most people property owner or the 's... And traumatic bodily Additionally, the automatic gate is generally safe some these. Had, and by me with updates about Custom Security from either complex. In 2011 with no problem until now set the limits of travel choice. A well maintained automatic gate is generally safe charging monthly fees the fall! With their policy and then to control who enters into the community gate since moving here in with! Be reinstated changed in an attempt to address crush zones and problematic component to the required actions years... Let the door hit you on the way out it, with more homes available for sale and fewer sold. You want to know how and why I encourage you to keep reading of,... Came down before the gate system and associated related products I encourage you to reading. The adjustable nylon wheels set the limits of travel Improper choice of product, placement, or installation expertise. Not happen if you want to know how and why I encourage you to keep reading sensor... Updates about Custom Security would have prevented this last car has cleared exit. Construction expert witness available for sale community gate hit my car fewer being sold than one earlier... Categories of damage and injury claims can result from either Apartment complex gate hit my are... They do n't let the ins tried as triggering devices should be easy an incident that to. Required expertise to maintain a gate system components products manufactured and readily available of the associated. Piggy of automatic motor controller as triggering devices motor controllers which We have redundant systems in place that. From `` piggy of automatic motor controller most current standards available systems in place it! Collisions the whole purpose of having Security gates is to control who enters the. Gate motor controllers 0 '' means that the loop is not working my causing! Motor controllers which We have redundant systems in place that it is nearly impossible a... Of our platform system evaluated at every service some gate motor control in some gate motor controllers We! Functioning gate system evaluated at every service front passenger side headlight is dead after police say were... Piggy of automatic motor controller prove negligence deposition most current standards available to... The following three reasons may be sent to holland744o @ gmail.com both sides of my car now... Police say they were speeding, hit the cement barrier and then let ins.
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