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My apartment's parking lot gate closed on my car. It damaged the left side of my car. My landlord says he's not responsible.
Anonymous4 views3 answers
The gate closed on my car as I was exiting the parking lot. There are no sensors on the outside of the gate to prevent this from happening. It works on a timer. Pressing the remote will not stop the gate from closing on a car. There are sensors on the inside of the gate to prevent it from closing on a car as it enters the parking lot. My landlord said this is the way the gate operates as you exit and I should have known that. Nobody ever explained how the gate operates or gave me any instructions. No other car gate I've used operates this way. This gate hit two cars before mine and one after. Do I have a valid claim if I take him to court?
This sounds like a premises liability-type cause of action (tort). If you live in a multi-unit building, the landlord is generally responsible for maintaining the common areas. The garage would most likely qualify as being part of the common areas.
I believe the land lord has a duty to fix, or at least at a minimum, warn you of known hazardous conditions that exists in the common areas. Insofar as their were prior documented incidents of the garage causing similar damage, I say you have a case against your landlord.
That being said, there could be a few wrinkles:
(1) were you also aware of the past two incidents prior to the damage suffered by your car? If you were, that might weaken your case as it would have put you on notice of the dangerous condition.
(2) are the individuals who suffered the two prior incidents willing to testify on your behalf? If not, how would you prove that the two previous events occurred. Granted, you going to court and stating that two prior incidents have in fact occurred might be considered by the court, but there are potential hearsay obstacles. It would be much nicer to have documented evidence, such as pictures, repair invoices, emails, etc. establishing that there were prior incidents.
(3) were your damages major? If you just had a minor scratch, it might not be worth it to get into a fight with your landlord, especially if you really like your current living situation and would like to renew your lease. A landlord will most likely not like to renew the lease of a tenant that sued it.
There are many attorneys that will give you a free consultation to discuss your case. My guess is that at best, you have a small claims case.
Yes. I think you have a case worth pursuing in small claims court. I'm guessing that the property damage is less than $10,000 so you could take them to small claims court. That would be the quickest and cheapest way to be compensated for the gate hitting your car.
Whether or not you have a viable claim depends upon the factual circumstances of your case. For example, if the landlord were to testify that the timer is set so that the gate won't close for a minute after the remote is activated, there would be a suggestion that you dallied a bit too long in your departure from the garage. On the other hand, the landlord's failure to post a sign or otherwise give you some instruction on how the gate operates could be considered to be the carelessness of the landlord.
The fact that other cars have also been damaged through the use of the exit gate may suggest to a judge that the gate is malfunctioning, or that it is being improperly maintained. In most instances, the maintenance of a common area amenity, such as a parking garage and its gates, is the responsibility of the landlord. If it is the landlord's responsibility, and your car was damaged because of the malfunctioning gate, then it would be the landlord's responsibility to compensate you for the damage that your car suffered.
Get at least two estimates of the cost of repairs and, if the amount is less than $10,000, then take the landlord to small claims court. In doing so, however, be mindful of the fact that your landlord may be unwilling to renew your lease at the time that it expires as most landlords do you want a tenant who likes to sue their landlord. On the other hand, if the damage to the car was severe enough, it may be worth it to have to move elsewhere at the end of the lease.
