My apartment complex has an automated gate that open via a key card. My wife picked up our child from the bus, She presented the key to open the gate, waited for the gate to open, while entering the gate several kids cross the street in front of her causing her to stop in the middle of the gate. While she is waiting for the kids to walk past in front of her, the gate start to close. At this point she cannot go forward nor can she back up since another car is behind her waiting to enter as well. The gate fails to reopen but instead crushes the side front fender our our new GMC 2012 Acadia. When she aproaches the leasing office to inform her of the incident, she is told that there is nothing to do since they disabled the auto sensor to avoid "tailgaters" . at no point whatsoever did they ever inform the residents of such change. they currently have an arm that comes down after each vehicle but it hasn't been in operation for months. Its been missing for awhile now. My question is, do i have a case to seek reimbursment from their property insurance for their gate causing damage to my car?
1 Answer from Attorneys
Based on the facts provided, if the automated-gate had a sensor that was disabled by the apartment management, the apartment complex may be liable for the damage to your car. Your should consult with an attorney to discuss any available options. Also, do not post any other details on this (or any other) public website.
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