Legal Question in Insurance Law in Florida

Re: car damage by apartment entrance gate malfunction

If you have videos of gates closing on other cars before yours you have "notice" to them. The guard should have stopped the operation before your car was damaged.

You may also have a case of "res ipsa loquitor" where notice is not needed.

File suit in small claims court and you will smoke out their insurance company. who will likely pay you promptly + costs.

Re: car damage by apartment entrance gate malfunction

The issue is notice. You have to show they knew or should have known of malfunction before your incident.

Re: car damage by apartment entrance gate malfunction

The initial question is whether they knew that the gate was malfunctioning. They are negligent only if you can show that 1) it was initially installed incorectly, 2) it was not maintained correctly (i.e. would periodic maintenance have avoided this), or 3) if they knew or should have known that the gate was malfunctioning and they did not fix the dangerous condition or warn about it.

The apartment complex itself might also have insurance to cover this. They would be liable as well if they knew or shuold have known about the malfunctioning gate and did not fix or warn about it.