Many parking lots have parking gate arms which are meant to supposedly control the flow of traffic into a lot and keep track of the number of cars that go in and out. Parking gate arms and mechanical garage gates can be dangerous instruments which can result in serious injuries to pedestrians and motorists. Shopping malls, schools, public and private office buildings are responsible to visitors for the proper safety, maintenance and upkeep of their properly.
Pedestrians walking underneath automatic parking gates can be struck in the head resulting in severe head and brain injuries
. Victims who have suffered severe injuries resulting from the defective or poorly maintained garage gate arms have the legal right to file personal injury claims against all negligent parties including (1) Parking Lot managers (2) Property Owners, (3) Maintenance Crews and (4) Manufacturers of defective parking gates. Common Injuries Associated with parking gate arm accidents are as follows:
- Traumatic Brain Injury
- Spinal Cord Injury
- Facial Injuries and Lacerations
- Severe neck and spine contusions
- Paralysis injuries
If you have suffered injuries due to a parking lot gate accident
contact our Parking Lot Gate Arm Accident attorneys for s free no cost consultation.
Who Can I sue to recover for my injuries: Property Owner Liability
Compensation for your injuries can vary, depending on a few factors. The biggest one that will most greatly influence the amount of compensation you deserve is the extent of the damages incurred due to the parking lot gate arm. The more damages you receive as a result of the gate arm, the higher you’ll be paid. The fewer the damages, the less you’ll get paid. For example, in one instance the arm gate closes on you and hits the top of your head. It hits it so hard that you get brain damage. In the other, the arm hits your hand and bruises it slightly.
You will receive more compensation for the brain injury because it requires more costly treatment, and may affect your life in the long-run. And while a bruised hand may not be as significant as a bruised brain, the compensation for hand accidents can still be hefty. The gate arm can hit and rupture one of the many nerves compacted in your hand — decreasing your hand dexterity. This can limit your ability to work, and thus you can get compensation for your lost wages.
Compensation for your injuries can be based on the negligent acts of the property owner and parking lot manager including, the failure to properly inspect the parking lot gate and the Failure to repair gate arms after damage.
Property Owner Recovery Laws
: Property and possessors liability varies greatly based upon the classification of the victim. Visitors to a property generally fall into three categories.
: An invitee is owed the highest duty of care. They are many individuals who is either expressly or impliedly invited to another person’s premises for their mutual benefit. Individuals who visit shopping malls for the purpose of purchasing a good or product are regarded as invitees.
: Any individual who enters the premises at the owner or possessors consent for a nonbusiness or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish:
- The owner or possessor knew or should have known of the dangerous condition
- The owner or possessor failed to make the condition safe including the failure to warn the visitors of the dangerous condition
- The visitor did not know of the dangerous condition or the risks involved.
s: Unlike an invitee or licensee, a trespasser enters premises without the property owner or possessor’s consent. Generally, no duty is owed to a trespasser.
Who Can I sue to recover for my injuries: Defective Product Lawsuit
Usually there are three ways which recovery for your injuries can based on a product liability claim
. (1) Defect in the original design of the gate. (2) Defect in the manufacturing of the device; usually proven if the finished product is different and as a result more dangerous than the intended original design. (3) Labeling defect: failure to warn users of the dangerous and hazardous conditions associated with the use of the product.
Compensation for Injuries
If you have suffered harm caused by a parking gate arm accident due to the negligent or intentional acts of other you are entitled to compensation. Monetary recovery can be based on numerous factors including.
- All medical expenses including emergency room and hospitalization costs and prescription drug costs
- Future medical and rehabilitation costs
- Pain and suffering including mental anguish and post-traumatic stress
- Loss of earning and future reduction in income
- Punitive damages – where possible
If you have any further questions and would like to speak to an attorney regarding your injury claim contact us by phone or by filling Free Case Evaluation Form.
DTLA Law Group
Our LA law firm is here for the client first, and we make sure that all of our clients are taken care of. We offer free legal consultation as well as the zero-fee guarantee. Free legal consultation will give you the opportunity to sit with one of our expert attorneys so that you can explain the details of your case. They will give you the opportunity to talk about your case and give you their initial thoughts so that you can make an informed decision when it comes to something as complex as legal counsel.
The zero-fee guarantee is our way of showing you that we are here for the client first. What it guarantees is that from the day we accept your case, you will not pay us for our legal services. You will only pay us when we get you the compensation you deserve. That means that if we are unable to prove your case, we will not charge you a penny.
FURTHER READING ON PARKING LOT INJURIES
Pedestrians Hit By Cars In Parking Lot | Backing out of Spot Accidents
Determining Fault When Backing out of A Parking Lot
PARKING LOT ACCIDENT LAWYER | PARKING STRUCTURE CAR CRASH LAWSUIT