Parking lots and mechanical garages throughout Massachusetts often have automatic gates to control the flow of traffic coming and leaving. Unfortunately, equipment malfunctions can result in serious injuries to pedestrians, cyclists, and motorists who enter and exit through defective or poorly-maintained gates. When a person is struck in the head by the arm of an automatic parking gate, he may be seriously injured, or even killed. Possible injuries include traumatic brain injuries, spinal cord injuries, lacerations to the face, and paralysis.
Who is Responsible?
Public and private office buildings, schools, shopping malls, hotels, and parking garages are responsible for maintaining a safe environment for visitors to their property. When someone is injured due to a malfunctioning parking gate arm, the victim may decide to file a personal injury claim against the responsible party. But who is responsible? Depending on the circumstances of the accident, multiple parties may be liable for parking lot gate injuries, including:
- Property owners
- Gate manufacturers
- Parking lot or parking garage managers
- Maintenance workers
A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.
Consider the following scenario: Linda is struck in the head by an automatic gate arm as she walks out of a hotel parking garage. Should she file an injury claim against the garage manager on duty that day? What about the hotel’s property owner?
Let’s say the hotel had just purchased an automatic gate last month. It was brand new at the time of purchase, was properly installed, and has been well maintained ever since. The garage manager on duty was properly trained on the gate’s use and was highly attentive on the day that Linda’s accident occurred. An investigation into the incident reveals a defect in the gate’s design.
In the case above, the property owner and garage manager upheld their duties to provide a safe environment. They were unaware of the design defect, and are not likely to be liable for Linda’s injuries. The manufacturer and / or designer of the gate, however, is another story entirely. If the design defect caused Linda’s injuries, the manufacturer is likely to be liable for any damages.
It’s all in the Details
But what if the details of Linda’s incident were slightly different? What if the injury was caused by a design defect but the property owner had been warned about the defect shortly after purchase? The property owner could have placed a warning sign next to the gate to warn of potential problems, or she could have replaced the gate with a different model. Instead, she chose to do nothing. In such a situation, the property owner will likely share at least some of the responsibility. In fact, she may be solely responsible, depending on various factors. For example, if the gate manufacturer had recalled the gate but the property owner had ignored the recall, the manufacturer may be off the hook entirely. A MA injury lawyer can help you recover damages if you’ve been injured due to another’s negligence. Continue reading