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liability for injuries

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J

JHomme

Guest
The other night my garage door stopped working (just after I pulled my vehicle into the garage) and I wasn't able to get the door down. AS a result, my room mate and I had to manually pull the door down and rig it so that I was able to get my car out the next day. That next morning I got up went and retrieved my car, and once again had to manually pulll down the door, while doing so, I accidentally caught my middle finger in the door and suffered a contusion. MY finger for a minimum of 3 days is in a splint and I had to pay some expenses out of pocket to the ER and file the rest under my own insurance. Immediately upon release from the ER, I contacted the leasing office to my complex where I rent the garage as well from, and advised them of what happened.

Their response was you should have known better!

From my own experience I understand that they have some liability because they own the property, and after reviewing CAREFULLY my lease, there is no fine print releasing them from the liability.

At this point, they are refusing to provide me with their insurance infprmation and even avoiding me on thid issue.

I would much rather settle this without the fees of an attorney, but is that my only option now?
 


I AM ALWAYS LIABLE

Senior Member
JHomme said:




That next morning I got up went and retrieved my car, and once again had to manually pulll down the door, while doing so, I accidentally caught my middle finger in the door and suffered a contusion.

From my own experience I understand that they have some liability because they own the property

=====================================

My response:

What was the defective condition of the premises - - that the automatic door opener was not functioning?

Let's assume, for the moment, that a non-functioning garage door opener is a "defective condition" of the premises. Did the property owner know about it PRIOR to the incident?

Please describe how a non-functioning garage door opener is a "defective condition" of the premises.

Based upon your "own experience", please explain how a property owner, under these facts, and especially because you were lifting a garage door manually, has "liability" merely because "they own the property" - - that is, please state your theory of negligence on the part of the property owner.

Please define the word "negligence" and how each element fits with each of your facts leading up to your injury.

Please describe legal "notice" in actions concerning "premises liability; i.e., whether actual notice, or implied notice.

Please explain why you failed to read the LARGE red words at the top of this page, and why you failed to follow those instructions and failed to tell us your State name.

IAAL
 
Last edited:
J

JHomme

Guest
My response:

What was the defective condition of the premises - - that the automatic door opener was not functioning?

Let's assume, for the moment, that a non-functioning garage door opener is a "defective condition" of the premises. Did the property owner know about it PRIOR to the incident?

Please describe how a non-functioning garage door opener is a "defective condition" of the premises.

Based upon your "own experience", please explain how a property owner, under these facts, and especially because you were lifting a garage door manually, has "liability" merely because "they own the property" - - that is, please state your theory of negligence on the part of the property owner.

Please define the word "negligence" and how each element fits with each of your facts leading up to your injury.

Please describe legal "notice" in actions concerning "premises liability; i.e., whether actual notice, or implied notice.

Please explain why you failed to read the LARGE red words at the top of this page, and why you failed to follow those instructions and failed to tell us your State name.
=====================================
FLORIDA, the reason I failed to incude the state was a pure oversight.

This was the first time my garage door failed to work, and it was only after I had opened it up, so my leaving the door open and going to sleep, I would have been risking my personal items being stolen.

My own personal experience is working with insurance, I am still learning the ropes, but I know that in the state of Florida if someone is injured on your premises, then you are legally liable for injuries. The REASON I know this is because I just recently worked on a claim, where some punk kids were trespassing on property owned by our insured, although there was a sign up stating no trespassing, one of the teens fell and broke his finger. From there a claim was made and check made to the teen for medical costs.

A call was made when the garage door stopped functioning, however, because it was after hours, no one came. Again, I retrieved my car before the office opened for the day, and no one was available to assist me.

From talking to others, I have discovered that the garage doors do tend to break down often. So apparently the office is aware that they have a problem in general with garage doors.
 

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