Garage door damage

[Mraboss]

Jurisdiction

California

Hello!

I live in a rental condo (privately owned) in San Diego and the condo has a two-car garage. I was driving into the garage when suddenly the garage door closed on the rear bumper of my car. I heard the noise and stopped to cause no further damage but the garage door kept pushing on my car until the lyft system was ripped from the door panel. I was wondering if this incident is in any way my responsibility for the repair costs. My car is damaged and i will fix that but I'm not sure about the costs of the garage door repair.

 

[army judge]

I was wondering if this incident is in any way my responsibility for the repair costs.

You begin your search for the TRUTH by reporting the incident to your insurer and the fine people who manage your complex.

I'm just another internet dummy who only completed the 3rd grade before I had to go to work to help support my 188 younger siblings, my 23 grandparents, 76 uncles, 39 aunts, 454 cousins, and my 16 birth parents.

I am too dumb to answer hard questions about fault, blame, and responsibility.

I do quite well when it comes to lying, stealing, robbing and other crimes.

 

[adjusterjack]

I'm not sure about the costs of the garage door repair.

If you are wondering if you are liable for the damage to the garage door, you aren't. For what you describe to happen, there must have been a defect in the operator that manifested itself in a sudden and unforeseen manner. If you didn't install the operator, you're not liable for the defect. And there really isn't anything you can do to improperly operate the garage door. You push a button, it goes up, you push a button it does down. Even if you pushed the button before your car cleared the door, it's designed to reverse direction immediately coming in contact with another object. Something in that operator failed.

My buddy is in the garage door business and has taught me a lot about garage doors and operators so I am qualified to say that.

There are also basic doctrines of negligence law for which I am also qualified to wax eloquently. But no need to go into that now.

Report this to your landlord in writing (no text, you can phone and email, but follow up with a letter) and tell him he needs to get the garage door repaired and the operator replaced. If he starts pointing the finger at you, notify your renter's liability insurance company that somebody is making a claim against you and your insurance company will provide a defense.

Come back to this thread if you need more discussion.

 

[Mraboss]

If you are wondering if you are liable for the damage to the garage door, you aren't. For what you describe to happen, there must have been a defect in the operator that manifested itself in a sudden and unforeseen manner. If you didn't install the operator, you're not liable for the defect. And there really isn't anything you can do to improperly operate the garage door. You push a button, it goes up, you push a button it does down. Even if you pushed the button before your car cleared the door, it's designed to reverse direction immediately coming in contact with another object. Something in that operator failed.

My buddy is in the garage door business and has taught me a lot about garage doors and operators so I am qualified to say that.

There are also basic doctrines of negligence law for which I am also qualified to wax eloquently. But no need to go into that now.

Report this to your landlord in writing (no text, you can phone and email, but follow up with a letter) and tell him he needs to get the garage door repaired and the operator replaced. If he starts pointing the finger at you, notify your renter's liability insurance company that somebody is making a claim against you and your insurance company will provide a defense.

Come back to this thread if you need more discussion.

Thank you so much! I will talk to the landlord and see what happens.

 

[Mraboss]

You begin your search for the TRUTH by reporting the incident to your insurer and the fine people who manage your complex.

I'm just another internet dummy who only completed the 3rd grade before I had to go to work to help support my 188 younger siblings, my 23 grandparents, 76 uncles, 39 aunts, 454 cousins, and my 16 birth parents.

I am too dumb to answer hard questions about fault, blame, and responsibility.

I do quite well when it comes to lying, stealing, robbing and other crimes.

I live in a privately owned condo so im not dealing with a complex owner, sorry if you had to go through that with an apartment complex, they squeeze every bit of protection from their systems to not be liable.

 

[Mraboss]

If you are wondering if you are liable for the damage to the garage door, you aren't. For what you describe to happen, there must have been a defect in the operator that manifested itself in a sudden and unforeseen manner. If you didn't install the operator, you're not liable for the defect. And there really isn't anything you can do to improperly operate the garage door. You push a button, it goes up, you push a button it does down. Even if you pushed the button before your car cleared the door, it's designed to reverse direction immediately coming in contact with another object. Something in that operator failed.

My buddy is in the garage door business and has taught me a lot about garage doors and operators so I am qualified to say that.

There are also basic doctrines of negligence law for which I am also qualified to wax eloquently. But no need to go into that now.

Report this to your landlord in writing (no text, you can phone and email, but follow up with a letter) and tell him he needs to get the garage door repaired and the operator replaced. If he starts pointing the finger at you, notify your renter's liability insurance company that somebody is making a claim against you and your insurance company will provide a defense.

Come back to this thread if you need more discussion.

I don't have a renters liability insurance policy under my name. But if the owner starts taking me responsible, can I have a lawyer send her a letter ?

 

[Highwayman]

Why don't you have insurance?

You can have an attorney do just about anything you'd like as long as you pay for their services.

 

[mightymoose]

Even if you pushed the button before your car cleared the door, it's designed to reverse direction immediately coming in contact with another object.

Also, just about any modern door opener will have the sensors near the bottom to detect obstructions and prevent the door from closing. The door simply should not have been operative before the car cleared the plane of the door.

 

[army judge]

How much damage in US DOLLAR$ was inflicted upon your automobile?

Were you hurt during the assault by the crazed, garage door device?

 

[adjusterjack]

Also, just about any modern door opener will have the sensors near the bottom to detect obstructions and prevent the door from closing. The door simply should not have been operative before the car cleared the plane of the door.

Not necessarily. The beam is only a few inches above the floor. Once the cars wheels pass the beam, the rest of the car could be above the beam and the beam would not show anything there.

The operator's safety feature that reverses the door, immediately upon contact with an object on its way down, failed. And that feature should work until the door is within an inch or two of the bottom of its travel. My friend, the installer, uses a brick or a block of would on the floor to test that feature and the door goes right back up as soon as it touches it.

I don't have a renters liability insurance policy under my name. But if the owner starts taking me responsible, can I have a lawyer send her a letter ?

Ironically, the cost of a lawyer's letter is likely to be more than the cost of a renters policy.

 

[army judge]

Ironically, the cost of a lawyer's letter is likely to be more than the cost of a renters policy.

So true, so simple, even a caveman (like this dude) understands it and has adhered to it his entire life.