PRODUCT LIABILITY
Gate or Fence Accidents
In large cities such as Los Angeles, there are numerous multi-unit apartment complexes and commercial buildings. These buildings are enclosed by gates and fences, which often automatically open and close. However, defective fences and gates pose great risk of physical injuries to the public. In fact, according to the United States Consumer Product Safety Commission (CPSC), approximately 25,000 were seriously injured by these gates from 1990 to 2000. During this period of time, over thirty people suffered fatalities as a result of defective automatic gates. Sadly, children suffered the majority of these deaths. These accidents clearly result in substantial physical injuries, medical bills, and lost income. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.
Automatic gates and fences are prevalent in Los Angeles. There are many causes for injuries resulting from defective gates and fences. The following are some of the most common causes: (1) a damaged fence falling on a person; (2) an automatic fence pinning and injuring someone; (3) a pedestrian injured as he or she tries to cross a gate intended for vehicle use only; and (4) improper maintenance of the automatic gate or fence. These gates often become damaged when a vehicle collides with the gate, thereby damaging the gate’s opening and closing mechanism.
Cases involving unsafe gates and fences are governed by the laws of negligence. Fault depends on which persons own, possess, and control the property where you were injured. For these cases, there are numerous at-fault persons, including the property owner, property management company, landlord, property lessee, and contractors. The law requires these at-fault persons to maintain the property in a reasonably safe condition. As such, they must conduct routine inspections and repair or clearly warn of any unsafe conditions relating to the gate or fence.
In order to establish negligence, your gate or fence attorney must establish that the premises had a dangerous condition; the defendant’s actual or constructive knowledge of the condition; the defendant’s failure to repair or clearly warn of such condition; and that such failure legally caused your injury.
However, the opposing party may raise defenses in your case. Specifically, the defendant may argue that your conduct caused your injuries, and therefore, you should be partially or completely at-fault for your injuries. One such defense is an “open and obvious condition.” For this defense, the opposing party will contend that the unsafe condition was conspicuous to a reasonable person, and therefore, was avoidable. In order to counter this defense, it is vital that you hire an experienced personal injury attorney.
Gate and fence accidents often result in significant injuries, including traumatic brain injuries, bone fractures, and spinal cord injuries. However, California law compensates victims of gate incidents for the cost of medical care, lost past and future earnings, and noneconomic damages. In order to recover this compensation, you must file your personal injury lawsuit within two years of your injury.
Contact Us Today
Contact a Los Angeles personal injury attorney today if you or a loved one was involved in an accident involving a dangerous road condition. Slatter Law Firm has been helping individuals injured due to car accidents and slip and falls throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 405-0964 or contact us online.
