Parking Gate Arm Attorney | Automatic Gate Defect Injury Lawsuit
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:
- Parking Lot managers
- Property Owners
- Maintenance Crews and
- 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.
Our parking gate arm accident lawyers here at Downtown L.A. Law Group are ready to evaluate your injury claim and help you fight for your right to sue – and your right to recover compensation for your injuries. We are ready to help you with your case.Most Common Injuries Caused by Parking Gate Arms
As mentioned above, there are many injuries that innocent victims can suffer because of parking gate arms. The most common type of incident consists of being hit in the head. The impact of the parking gate arm on the head, without a doubt, can have devastating consequences. Potential injuries can include concussion after being hit in the head and traumatic brain injury (TBI), for instance. Of course, lacerations and facial injuries are also possible. Unsuspecting parties can suffer broken noses, eye injuries, broken teeth, and even severed ears in some cases. In addition, being hit in the head can even lead to neck injuries and spinal cord injuries (some of which can cause paralysis). In addition to these injuries, victims can also potentially suffer fractures, severed fingers, and crushing injuries, for instance.
Regardless of specific injuries that you or a member of your family sustained in a parking gate arm incident, you could have grounds to sue. It is important that you seek legal assistance immediately to explore your legal options.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.
Invitee: 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.
Licensee: 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.
Trespassers: 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.Claims against Apartment Buildings
Parking gate arms are very common in apartment buildings. Unfortunately, the building owners do not always keep up with the maintenance necessary to keep their parking lots safe. In fact, some building owners even hire third-party companies to manage their lots. Whatever the case, the fact is that property owners have a duty to keep their parking lots safe – this includes ensuring that their parking gate arms are functional. Most importantly, they must ensure that these parking gate arms do not pose a threat to residents and guests of the building.
If you or a member of your family suffered injuries associated with a parking gate arm in an apartment building, you will have the right to sue the owner of the apartment building. To start the process, you will likely need to file a written report with the building management and the building owner. Of course, you should seek medical care, speak to witnesses, gather necessary records, and seek legal assistance. If your lawsuit against the apartment building property owner successful, you could recover a significant payout.Claims against Shopping Centers, Office Buildings, and Schools
Parking gate arms are also common in shopping centers, office buildings, and schools. Without a doubt, these parking gate arms can be very beneficial in these establishments. However, they can also pose a significant risk to guests on the premises. These establishments can often be very busy; therefore, it is possible that issues with parking gate arms go unnoticed or even ignored entirely. As already explained, property owners have a duty to keep their entire premises safe of any hazards – including the hazards presented by parking gate arms. Therefore, property owners could definitely be liable for any harm resulting from parking gate arm incidents.
If you or a family member sustained injuries after a parking gate incident at a shopping center, office building, or school, then you could have grounds to file a lawsuit against the property owner. To prepare to sue, you should photograph all injuries, report the incident to the property owner, speak to witnesses, collect relevant records, and seek legal assistance as soon as you are able to. Of course, if your lawsuit against the property owner is successful, you could recover compensation.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.
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.Average Case Values
How much do parking gate arm accident and injury cases settle for? This is a very common question. As mentioned above, claimants could be awarded compensation based on medical costs, pain and suffering, loss of income, etc. The type and amount of compensation that you could recover will always be based on the details surrounding your specific lawsuit; therefore, you should always seek the legal assistance of an experienced lawyer for any questions specific to the potential value of your lawsuit.
Although you should not assume the value of your claim based on other claims, reviewing the average case values of cases similar to yours can definitely help you understand how much case values vary.
Consider some of the following. Cases that consist of severe injuries will typically always be worth more than cases with mild to moderate injuries. Cases with only minor injuries can be worth anywhere from $75,000 to $150,000 (of course, this accounts for all the other factors that determine case value). Cases with moderate injuries can be worth up to $350,000 and sometimes more. More severe injuries can have case values of up to $750,000. In fact, some cases can reach the million-dollar mark.
If you would like an in-depth review of past case values to help you understand the average case value of cases similar to yours, do not hesitate to seek legal assistance with the parking gate arm injury experts at our law firm at your earliest convenience.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.¡Hablamos español!
Si usted o algún miembro de su familia sufrió una lesión por cupla de un accidente causado por el brazo de una puerta de barrera en un estacionamiento, no dude en contactarnos en cuanto pueda. Nuestros abogados están listos para evaluar su caso y ayudarle a someter su demanda en contra de el propietario. Si esta listo para discutir su caso con nuestros abogados, llámenos ahora mismo. Le podemos ayudar a recuperar una recompensa justa por las lesiones y los daños causados por el accidente.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
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