Small Claim against Apt complex

[FBird]

Hi,
I live in Texas, im considering taking my apartment to small claims court, because of vehicle damage caused by the gate...there are 2 gates, entrance and exit...the entrance gate is always broken and therefore open, however, the exit only gate is always working, so approaching the apt gate, you have the right side gate open, and the left side gate closed...as i was approaching the gates, there was already a car which had exited, this caused the exit (left-side) gate to open, as i came up to the gates, a kid, who was in the area and lives in my apt complex, was on his bike...he rode his bike behind my car and around the passenger side, where he cut me off and stopped...my car was forced to swerve to the left side a little bit, now the kid was at the front of my vehicle stopped...at this point my car was already half way through the gate, as i sat staring at the kid on the bike, waiting for him to move, the left side, exit only gate closed on my car, causing 1500 dollars worth of damage...im sorry if this is confusing, as it is not easy to explain...i have 2 witnesses to this, what do you think? Thanks

 

[tamwham2]

suing apt comples

question:

were there any signs posted regarding the gate and what did they say.
who are your witness(s) and what would they testify about (exactly)

tamtam

 

[FBird]

there is actually a sign, which states..."gates close automatically, not responsible for vehicle damage"...the 2 witnesses would basically re-tell my story, and show how i was forced to the left side of the gate, eventhough i was approaching fully on the entrance side...however, i believe that the gates are faulty and that a sensor should have caught my vehicle, and reopened that left side gate...by the way, the gate hit my car a little behind the driver side seat...so my car was more than half way over the gates...another thing, is that there are 2 huge speed bumps, on both sides of the gate...these speed bumps cause low cars, like my firebird, to go through extremely slow...im not sure what to do at this point,anything which would help my case out would be appreciated, so all advice is welcome.
Thanks

 

[DRUSS1964]

because of the sign your battle will most likely be difficult
they may not be responcible if the gate is functional and they keep it well maintained
but if they fail in their responsibility you may have a case
you need to find answers
does it have a sensor if so does it work if not how come they did not fix it
do they have regular maintenance performed on it
if not why not it is a mechanical device capable of causing damage or injury that I am sure requires regular maintenance and by them putting up a sign they admit to knowing the dangers
if no sensor
are there laws in your area requiring them if no laws should they have taken reasonable care to put one in again back to the sign they know the hazard why did they not put in a sensor
you say the one gate is always broken this may show lack of maintenace until they get they gates working at 100% why did they not lock both gates open
like I said a tough battle

this is not advice but questions to open your mind to see all so has not to going in only one direction

 

[JETX]

And most important of all (and the reason I didn't respond to this post earlier), were you using the ENTRANCE gate to exit as presumed from your post???

If you were, then any argument about sensors, etc. would be totally irrelevant.

So, here is your situation. Considering your damage amount, the apartment will probably have an attorney represent them, even in small claims. And with the 'standard' "Not Responsible for Damage" sign, you will have a hard (and expensive) time trying to gather your evidence, depose the management and gate service company, etc. as needed to pursue this case.

With all due respect, in a case like this one, the reality of the little chance of winning and the expense and ordeal will probably deter you from going forward.

I would try VERY hard to negotiate some settlement with the apartment management. Send them a polite, courteous, concise letter detailing what happened and how you feel the management should have full or at least some responsibility for your damages. Then see what they say. Any settlement you could get here would probably be better than the net result of a court action.

 

[FBird]

halket,
thanks for the advice, i was not using the entrance gate to exit...i was entering the apt and used the entrance gate, however, i was forced left due to the kid, thats why the exit gate hit me, should they not have safety features which would prevent the gate from closing on vehicles which must make emergency stops? where can i find gate regulations, speed bump reg, etc...for my state? Also, there iis little maintanence on the gate, 9 out of 10 times the gate is not functioning properly. what would help out my case?
thanks

 

[JETX]

That is where part of your problem will be. There are NO regulations for gate closure speed, safety switches, etc. (except for emergency access). And there are no regulations for speed bumps on private property. And you will certainly not get access to any of the property maintenance records, etc. without a lawsuit and pre-trial discovery.

As I said, not a simple matter and not for the faint of heart. This case would be hard to support on its face, much less with a 'sign' denying any liability (which you would have to challenge first).

In my opinion, this case would require a large amount of time and energy, and then will require at least some legal experience to try especially against a probable attorney representing the apartment management. That is why I suggest that you try to make your case to the manager or property owner in writing, detail your situation and the facts, prove your damages and ask them to review your facts with their insurance company and let you know what decision they make. Then, after doing that, you can make any possible decisions about legal options later.

Best of luck to you no matter which way you proceed.