Gated Community Liability-Texas

[docloraine]

What is the name of your state? Texas

I live in a gated community, where there is restricted access to those with codes or RF keys. All visitors are required to call from the gate to the party they are visiting to be allowed access. We recently had someone "tailgate" to get in, and the gate hit their brand new truck. Now they want to file a claim against the homeowners association. We do not have insurance. Does he have any legitimate claim against us since he is a non-resident and admittedly did not stop at the gate but drove on through and did not make it prior to the gate closing? What this made us consider is this...what if it were a child or someone who got hurt? Is there insurance the neighborhood should purchase in order to protect us in such instances?

[ecmst12]

While I do not believe the community could be liable here for the driver's failure to obey the signs/rules, the community should ABSOLUTELY have general liability insurance to protect itself against such claims!

[BuffettFan]

Originally Posted by ecmst12

While I do not believe the community could be liable here for the driver's failure to obey the signs/rules, the community should ABSOLUTELY have general liability insurance to protect itself against such claims!

Absolutely.