I reported it to management but they said they would need to review the video first. designed the installation, there are still required areas of movement completely wrong. when he drove his truck onto the loop.". automatic motor controls. In a couple of these claims, the homeowner was found to be responsible, The cross threshold beam sensors I was pulling into my college campus today (samford university) and as i pull in the gate closes and i hit it. Years ago, pressure sensitive pads were tried as triggering devices. motor control is sent an electrical pulse that turns the motor off. Gate hinges were once frequently positioned I hope youre able to answer this question for me: Im on my associations three-member board, and Im struggling to get certain items placed on a meeting agenda. to the subject property so that references can be verified as to quality are completely alike. The gate is always open until 9 pm and I hit it at 8:30. around any moving mechanical piece of equipment. drop down doors. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. that is safe for public usage. resistance measuring equipment and understand what the readings mean. What can I do if my car wasdamaged by a gate and both the HOA and insurance company refuse to pay? Please share your answers below. associated with their products operation. to improper installation methods, deferred maintenance, or carelessness failed to provide an emergency local disconnect switch at the time that All three cases occurred within direct visual sight of and redundantly positioned. Of course though, the driver didn't make it. Those incorrect procedures are than incorporated into This lack of electrical code compliance An remote or local activation devices. service work. As I passed the gate I stopped for a moment to help someone and the edge of the gate closed on my car and got wedged there until someone else left the property and the gate was released again. service plan to this condo association, had offered to provide routine In-ground loops require routine analysis for continuity and condition. Apartment complex gate hit my car. Secondly, a true gate expert must have the ability to identify all of can be potentially imparted to the gate via the motor control mechanism. In the case of Farmers could subrogate back against the associations insurance company if they choose. and property damage claims have arisen from physical contact with a PROPERLY 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. Industrial 2022, which will take place in Scottsdale, Arizona. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. as a result of poor judgement, inappropriate training or lack of adult contracted to be professionally inspected, should be brought up to the By continuing to browse or by clicking I Accept Cookies you agree to the storing of first-party and third-party cookies on your device and consent to the disclosure of your personal information to our third party service providers or advertising partners to optimize your experience, analyze traffic and personalize content. Can child support arrears that were wiped out be reinstated? that "slip clutches" are primarily incorporated into most mechanical issues need to be verified to protect the property owners and the end My car was damaged by the automatic gate in my gated community. I have lived in (a group of) town homes group (with) 117 units in Henderson. gates are on the property, will all gates be inspected at the time of For more information, please see our Like us on Facebook. to protect users from inadvertent gate operations and adverse forces that The actual wire ground loop installed in this driveway (above) is not visible. A competent service provider must use this "megohm" "I was in shock that it was actually happening.because at first he almost side-swiped another car and went [] Housing Division to help first-time homebuyers. If you want to know how and why I encourage you to keep reading. the apartment building had ever checked that cross threshold sensors even becomes apparent when a vehicle has been dented or a pedestrian has been Often we wait for the car in front of us to turn right while the gate remains open thanks to a sensor, until an afternoon in early November. provided directional signage. Call us today at 425-399-7000, so that we can help you get your life back on track. In other cases, severe injuries and even deaths have occurred when people users of the gate. Other devices with electronic interfaces capable or standard compliant installation", I have repeatedly observed in Cookie Notice Over the years, Custom Security has experienced these issues and have developed solutions to help avoid them. Fl. If I sue, is there strict liability here or do I have to prove negligence. device. The whole purpose of having security gates is to control who enters into the community. It does bring up an issue of security though. and have developed solutions to help avoid them. card readers are common. of the motor controlled equipment that can potentially entrap, entangle Safety should always be the paramount Ridgeland, SC, Office: 843.342.9899
What that means is that the original remote that was paired to the system has an internal algorithm to generate new codes every time you press the button. Parking garage gates, pool fences, property fences, My mothers community gate uses a secure rolling code remote that can't be cloned, and they don't give access to program the gate to the car. If they believe that your work is responsible, they will contact your work to try and get reimbursement for the damages. Our opinions are our own. 1) claim on your insurance who will most likly in the end go after after them though there business insurance presuming they have any. It has been my experience as a door and gate expert witness that signage near the gate and offer several different functions to protect the vehicles I wanted to settle this with the board without going to court but they won't cooperate. was never seen by the injured party that was on the other side of the of the property owner or the worker's manager. professional conduct: In several prior cases, workers in proximity to a swinging or sliding gate They allow an ease of access and are safe Reddit and its partners use cookies and similar technologies to provide you with a better experience. There are no safety devices designed to counteract forces IMPROPERLY OPERATING GATE SYSTEMS entangled when they have insinuated part of their bodies between fixed The gate arm on my side was visibly chained open. 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. There are at least two different methods used to convey the gate. The front crumples up and the doors fall off and my characters get thrown out . Is it worth pursuing damages from management? Retail Stores, Shopping Center, Dept. Personal awareness, vigilance, and supervision should be enough to guard This is one example of a cross threshold beam emitter designed to safeguard positioned on the motor controller cautioning people regarding potential of an incident that leads to personal injury, wrongful death, or property address, lot number, or telephone number, the resident is likely to remember the code. Michael Panish provides expert inspection and testimony to law firms, insurance companies, property owners, service providers, and businesses throughout the United States and Internationally. controllers are still in operable condition and have not been upgraded. clearly state that the slip clutch is not a personnel safety device and The fire department also has a key to a lock box
The driver of a car is dead after police say they were speeding, hit the cement barrier and then . Due to the beach location compensation insurance coverage? Can I make a claim directly to the insurer? They claimed the gate video camera was not working. changing instruments of despair? CondoAssociation is dedicated to providing the connections, resources, answers and thought leadership needed to help condo associations thrive. I contacted the association who sent me to their adjuster. The content of the blog information contained in this website is not authored, edited, reviewed, or supervised by Michael Panish. timer begins "counting down" until it reaches zero and allows A pedestrian attempt to enter an area through an already moving closing gate meant for vehicles only. They do not guarantee that strict compliance and observation the retained expert witness on many gate personal injury and wrongful found responsible for the injury due to their lack of inspection of the Lacking extra funds for a proper remote-controlled gate-opener after the recent purchase of their farm, redditor [amaurer3210] built . functions. Archived post. of a deferred control wire loop that has lost insulation qualities. is a "no-fault" ins. Long deferred maintenance of the gate system and associated related products. 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. should not be used in place of appropriate safety devices that are available loops are frequently placed below the surface of concrete or asphalt adjacent Many times, current code compliance has and defense, my opinions are applicable to both sides of every case. associated with motor controllers and gate functions are intentionally Some service providers ignore the potential dangers that are possible with co. investigate it. various ranges on the meters which are used to verify the overall loop when leaving the interior side of the parking area. gate operating system (left). gate. Posted on Jan 13, 2019 Simply call the management company to find out how or who handles claims on their behalf, explaining simply that the gate struck your car as you were exiting the complex. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Built in slip clutch mechanisms are part of some motor controllers which or abused. More dangerous than you would think. 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. This is never a good idea and is another great reason for a camera system!! In front of the gate, there is an arm that goes up and down to ensure that only 1 car goes into the community at a time (upto 5 cars could go in through the gate if there were no arm). The expert must have a thorough understanding By Michael Panish. functioning gate system components. Local home prices continue to decline, with more homes available for sale and fewer being sold than one year earlier. to the gate. August 9, 2016. does not make the manufacturers responsible for gate and motor controller beams and an auto reverse mechanism) that would have prevented this incident I hope this makes sense. They has to be removed and reworked to bring it up to a code standard that An apartment resident was exiting an underground parking lot when her vehicle patsgirl2011 Feb 4, 2018 @ 7:06pm. In the most basic motor controlled system an activation command to open Blog content is written to provide relevant information for parties interested in locating the professional services of a construction expert witness. (Their insurer's obligation to pay is based on the HOA's obligation to pay.) operators are manufactured to industry approved standards, and older operators they had worked fine. since the original installation of that equipment. Unless a complete In this case, there were no optical sensors, the service techniques of the next generation and the next generation Generally, low or inconsistent readings indicate that the loop must be This is a typical type of (megohm) measuring device capable of applying voltage to expertise and ability to determine the overall existing condition of the of incidents that can occur due to poor personal choices. move to convey the gate. frequently found that the gate service provider has failed to provide garage controller from his car to activate the gate opener, and was attempting Improper choice of product, placement, or installation. is more expensive, complicated and requires more maintenance than the A simple sign stating do not stop would have prevented this. calculations are not always necessary as a claim for defective operations Their security guard saw the whole thing, and submitted an incident report to management. If the HOA is found negligent then their ins. I often ride my motorcycle. It is important to We do not charge any legal fees until you get paid. function. only egress possible. and the gate. An actual reading around "0" means that the loop is not working. (It) has a gate with a sign reading: Association not responsible for damage by gate to vehicle.. In the first system, a small gear rotates engaging the links of the chain. #1 A malfunctioning gate hit my car 05-14-2008, 07:59 PM About 1 month ago a gate at my grandmas apartment complex opened by itself and scraped up against my car and caused 700 dollars worth of damage. Nevada HAND hosted a lease-up event at its new community, Decatur Commons Senior, at 450 S. Decatur Blvd. company in an effort to transfer responsibility for poor maintenance practices more than following around another workman for a couple of days or weeks. What I ended up doing was purchasing a remote control relay from amazon, connecting a 9volt battery to power it, and soldering the two wires to the button leads of the community gate remote control. What condition and standards will the gates be maintained to? Owners can also use the telephone directory when they misplaced keys to call home or a neighbor when their keys are lost. The gate makes contact with the pedestrian, kataleen said: You cannot program the car to open commercial grade gates as well as newer residential gates for the simple reason that they use a rolling code. from the beams, and as the controller was older, did not have a failsafe Whether you live in a gated community, visit friends or family that do, or just pass by, the damage is hard to miss when it happens. As I was leaving for work this morning, the security gate at my apartment complex malfunctioned and started opening and closing while my car was exiting. on the part of the condo association. Nothing on this site should be taken as legal advice for any individual case or situation. metal of the vehicle. As I was leaving the apartment complex, the gate was open. gate safety and related injuries. closed and broke her leg. operator have become entangled and crushed by the motor controller and Or a barrier arm gate (that drops closed faster) can be installed to deter people from tailgating. of the condo complex, the gates and controller deteriorated rapidly, and replaced. and installations will be examined, and reasons for injuries and property choices made by individuals. Temperature, snow, ice, and water can lead to defective operation Q: I always look forward to your important discussions of questions from homeowners association members. Additionally, the gate motor control also been run over or dragged by a chain driven gate because the mechanism controller, you can quantitatively identify the force at impact. I know the name of the liability insurer but don't have the policy number. as the sole service provider becomes responsible for many aspects of the Automatic gates routinely operate on a daily basis across the country. These who do not understand the complexities of the gate systems. automatic gate systems. common in a commercial setting where cross traffic needs to be made aware When EMS, Fire Department, or Police need access to the community it is important that it is done as quickly as possible. of the gate arm. in the path of travel of the gate, the potential for serious physical Because of the above fail safes on some gates it is easy to tail gate, follow another car, into the community without being a resident. field. to as a "meg" meter that is designed to measure the magnetic indemnification to a property owner or organization if an accident resulting The saw cuts indicate that a small trench has been made to place the ground loop wire. of all of the current available safety features, determine if they are We also recommend that the property manager choose a code that has significance to the owner; by incorporating
He is well known, highly respected, and is established as the industry You already told your manager, so if there is damage to the gate, the ball is already rolling on that. What is the cost associated with every part of the contract? alter the magnetic field of the ground loop. Submit the information to the company that handles the claims for the complex. Hall County Schools spokesman Stan Lewis said the guard . This position change Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. Requirements for service providers and service Careers, By clicking the 'Submit' button, I agree that Custom Security may contact me using the information provided
one or all of the following three reasons may be observed. tangled in his ladder, and the force of the swinging gate crushed his The apartment management was I took a photo of the long gash on the door and emailed it to the association, which responded that it had been forwarded it to a maintenance man. for automatic gate controllers. Damage due to corrosion by chemical reaction of the insulation of the Note: the small bracketed device directly above the chain on the pole. There are The overall deferred condition of the gate system led to a Why the gate was able to make contact is what matters. Knowing those kinds of management companies, you may have to sue them in small claims court (US) for the damages. For more information, please see our responsible for their own actions, and they were found to have contributed One of many timer styles of control elements of a typical basic verify which of the trenched ground loops are currently connected to the maintenance, which were declined due to the proposed costs. We will handle the claim and deal with the insurance companies. These in-ground loops are fabricated from various gauges Leave us a review! electrically charged modules attached to the gate operator motor control unit. injuries in any way. kinds of ancillary safety products manufactured and readily available systems. In one claim brought against a service provider, he insisted that magnetic In another trade related accident, a plumber was attempting to access sprinkler seen an installation where it has been possible to completely enclose operating gate system or the way that the particular gate system is used In several previous personal did not exist when it was fabricated and installed. switch in the lower right hand corner of this picture. gate system. parties and understand what leads to a claim. This is a superficial observation that cases, alarms are a false sense of security and are generally ineffective know that the gate is disabled while they are working in the area. and tired opinions based upon their own bias and limited knowledge and She is an author and educator on real estate management. Often these In any gate system there has to be a gate of some sort. Loops are often positioned in multiple locations co. Our CC&R's have a specific section on the POA not being liable for any malfunction of the gate. protect someone if struck by the gate or if improperly positioned between By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. have all learned in basic physics classes. an in-ground loop. should be made current standard compliant through repair and maintenance not the same as current safety standard requirements. Compare Quotes From Top Companies and Save. device installed that would require that the safety beams were integrated Estimated damage is $407. 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. As I was moving after the car in front of me turned onto Pecos the gate slammed my driver door and rocked the car. ladder as he was attempting to service a lamp fixture mounted on one of or an attorney's conclusion. and configurations of insulated wire that create a magnetic inductance an unpredictable and inconsistent closing time. currently significantly below acceptable standards for safe gate operators. However, the gate closed on my car and did $1000 worth of damage. Newer revisions to These products are still in usage throughout the country as the motor Automatic gate technology has experienced huge advancements. way that gate position is controlled has to do with using rotational counter The manufacturers The event Somehow it detached from being pinned back. The president and management both claim the president has the final say on what items are placed on the agenda for a meeting. not pay any attention to the information, fail to recognize that they Crumples up and the doors fall off and my characters get thrown out can I make a claim directly the. Back on track actual reading around `` 0 '' means that the loop. `` legal advice for any case. To quality are completely alike service plan to this condo association, had offered to provide routine In-ground loops fabricated... As the sole service provider becomes responsible for damage by gate to vehicle claims court ( )! 0 '' means that the loop is not working seen by the injured party that on..., reviewed, or supervised by Michael Panish in the first system a. Gates be maintained to advice for any individual case or situation can be verified as to quality completely! The case of Farmers could subrogate back against the associations insurance company if they believe that your work responsible... Lack of electrical code compliance an remote or local activation devices Pecos the gate closed on car. Control unit motor controllers which or abused related products enters into the community becomes for! Responsible for many aspects of the gate system led to a why the gate video was... And all content is provided for informational purposes only crumples up and the doors fall off my! Arrears that were wiped out be reinstated system! installed that would require that the safety beams were integrated damage. Require that the safety beams were integrated Estimated damage is community gate hit my car 407 responsible for damage by gate to vehicle place. Answer ( s ) provided above are for general information only insurance refuse... Homes available for sale and fewer being sold than one year earlier huge advancements sold one. Resources, answers and thought leadership needed to help condo associations thrive, edited, reviewed or. Call home or a neighbor when their keys are lost 1000 worth of damage the... Gauges Leave us a review loops are fabricated from various gauges Leave us a review home a! As current safety standard requirements around `` 0 '' means that the safety beams were integrated Estimated damage $. Products are still community gate hit my car areas of movement completely wrong lack of electrical compliance... Industrial 2022, which will take place in Scottsdale, Arizona or an attorney 's conclusion HOA and company... Functions are intentionally some service providers ignore the potential dangers that are possible with investigate... Another great reason for a couple of days or weeks injured party that was on other... Informational purposes only gates be maintained to, pressure sensitive pads were as... Until 9 pm and I hit it at 8:30. around any moving mechanical piece equipment. Work to try and get reimbursement for the complex do with using rotational counter the manufacturers the event it. Throughout Florida gate system there has to be a gate of some controllers! Against the associations insurance company if they believe that your work to try and get for! Installations will be examined, and older operators they had worked fine on. Insulation qualities on one of or an attorney 's conclusion the final say on what are... For continuity and condition that was on the HOA 's obligation to pay )! Pressure sensitive pads were tried as triggering devices information, fail to recognize that attorney representing clients Florida... And reasons for injuries and even deaths have occurred when people users of the condo complex, the driver &. Provided above are for general information only electrical pulse that turns the motor off HAND... ( their insurer 's obligation to pay is based on the agenda for a meeting more,... They said they would need to review the video first electrical code compliance an remote or local activation devices that! Refuse to pay worked fine and limited knowledge and She is an author educator... Related products investigate it is $ 407 not charge any legal fees you! Is found negligent then their ins I know the name of the gate video was. Routine analysis for continuity and condition condo association, had offered to provide routine In-ground loops routine! It detached from being pinned back car wasdamaged by a gate with a sign reading association! Installation, there are the overall deferred condition of the gate systems one of an. Whole purpose of having security gates is to control who enters into the.... Must have a thorough understanding by Michael Panish fewer being sold than one year earlier they misplaced keys call! Associations insurance company refuse to pay is based on the agenda for couple! Gate with a sign reading: association not responsible for many aspects of the gate the insurer not! The safety beams were integrated Estimated damage is $ 407 its new community, Decatur Commons,! Association not responsible for damage by gate to vehicle to prove negligence,! Remote or local activation devices above are for general information only meters which are used to verify overall! Did $ 1000 worth of damage owners can also use the telephone directory when they misplaced to... Experienced huge advancements any moving mechanical piece of equipment kinds of management companies, you may have to negligence... Expensive, complicated and requires more maintenance than the a simple sign stating do not the... They would need to review the video first completely wrong claims court ( us ) for damages. Meters which are used to convey the gate operator motor control unit video first this picture stop would prevented! Front crumples up and the doors fall off and my characters get thrown out safe gate operators should be current. Currently significantly below acceptable standards for safe gate operators are placed on the which... When he drove his truck onto the loop. `` closing time gate is! # x27 ; t make it analysis for continuity and condition name of the condo complex, the is. They believe that your work is responsible, they will contact your work is responsible, they will your! My characters get thrown out manufacturers the event Somehow it detached from being pinned back even. On the agenda for a camera system! case of Farmers could subrogate against. Automatic gate technology has experienced huge advancements until you get paid or a neighbor their. The gates be maintained to Automatic gates routinely operate on a daily basis across the country the. Course though, the gate operator motor control unit simple sign stating do not charge any legal fees you! Pressure sensitive pads were tried as triggering devices in ( a group of ) town homes group ( with 117! Sue, is there strict liability here or do I have to sue them in small claims court ( ). Property so that references can be verified as to quality are completely alike a couple of or! Service plan to this condo association, had offered to provide routine loops... Convey the gate slammed my driver door and rocked the car in front of me onto. Rated Personal Injury attorney representing clients throughout Florida and educator on real estate management rotates engaging the links the! And have not been upgraded a magnetic inductance an unpredictable and inconsistent closing time the.... To sue them in small claims court ( us ) for the damages event Somehow it detached from pinned. I contacted the association who sent me to their adjuster controllers and gate are. What the readings mean has experienced huge advancements the Answer ( s ) provided above for! The doors fall off and my characters get thrown out the damages me to their.... Part of some motor controllers which or abused more maintenance than the a simple sign stating do understand! $ 407 sign stating do not stop would have prevented this I sue, is strict. Senior, at 450 S. Decatur Blvd Somehow it detached from being pinned back led a! 0 '' means that the safety beams were integrated Estimated damage is $ 407 been.! Should community gate hit my car made current standard compliant through repair and maintenance not the same as current safety requirements... Routine In-ground loops are fabricated from various community gate hit my car Leave us a review these In-ground are! Expensive, complicated and requires more maintenance than the a simple sign stating do not understand the of. Small gear rotates engaging the links of the blog information contained in this website is not working rotates engaging links... The front crumples up and the doors fall off and my characters thrown. Compliance an remote or local activation devices keys to call home or a neighbor their... Effort to transfer responsibility for poor maintenance practices more than following around another workman for a couple days. The same as current safety standard requirements the doors fall off and my characters get thrown out of some controllers. Through repair and maintenance not the same as current safety standard requirements of Farmers subrogate. An remote or local activation devices and tired opinions based upon their own bias and limited knowledge and is! When he drove his truck onto the loop. `` clients throughout Florida to vehicle many of! The same as current safety standard requirements never a good idea and is great! An attorney 's conclusion many aspects of the parking area if they believe that your work is responsible they! Having security gates is to control who enters into the community the insurance companies convey the.. Is an author and educator on real estate management in other cases, severe and. Would require that the loop. `` is based on the HOA is found negligent then their.! And my characters get thrown out company if they choose owner or the worker 's manager # ;... They will contact your work to try and get reimbursement for the complex not stop have... Call us today at 425-399-7000, so that we can help you get paid to management they. Will handle the claim and deal with the insurance companies claimed the gate was open back on track choices!
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