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.
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.