Legal Question in Product Liability in Minnesota

commercial garage door malfunction

My wife was entering an undergroud garage using a card to activate the overhead door. The door opened and as she was passing under the door it came down and cause damage to her car. This door (unconfermed) was installed about 1988.

The building owner wants her to pay for damage to the door. What are her options?

Thank you.


Asked on 7/30/04, 3:09 pm

1 Answer from Attorneys

Todd Johnson Johnson & Bannon

Re: commercial garage door malfunction

I believe your best option is to bring a claim in small claims court for the damage to the vehicle. I assume the owner of the door will argue that the door was open long enough for the car to go under but that your wife waiting until it was closing to drive under the door. When you argue the claim you should be ready to address this concern if raised.

Small claims court is inexpensive to file in and generally attorneys aren't involved in an attempt to keep the process simple. You should go to the court administrator at the courthouse where this occurred and they can help your wife file the claim.

Although my office is not representing you or your wife on this claim, I hope this was helpful.

Good luck.

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Answered on 7/30/04, 4:29 pm


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