Legal Question in Personal Injury in Florida

I live in a gated community that has both the gate and retractable arms on each side. There is a sign posted stating that neither owner or management are responsible for damages/lost during malfuncting of gate. This I understand...my problem being the fact that these gates are the only way to my residence and yesterday (20APR10), the gate malfunctioned and fell on my car. Is there not a law out there holding them responsible for this due to the fact they knew the gate was malfunctioning and failed to fix it?

Asked on 4/21/10, 11:01 am

David Slater David P. Slater, Esq.

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Although the owner is responsible, you will have to show how they were careless.

Answered on 4/26/10, 12:02 pm

Lesly Longa Longa Law P.A.

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It would depend. Had you notified them before of the malfunction? Does the sign reflect an agreement you have with them?

Answered on 4/27/10, 10:00 am

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