Apartment complex gate hit my car.

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Apartment complex gate hit my car.

As I was leaving the apartment complex, the gate was open. When I started to go
through, it closed on me. Leading me to hit it, with damage on my front passenger
side headlight. The manager on the scene told me that the gate malfunctions a
lot. However, when the cop got there for the report the manager then claimed he
did not tell me that. I do have a video of the incident, but you can see in the
video that the gate was opened until I was going through, then closed on me.

Asked on August 17, 2016 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe that the gate was faulty (and, as a practical matter, that you can prove that), you can sue the complex for the cost to repair your car (of course, if only the headlight was damaged, that may be more trouble than it is worth). But you must show fault on the complex's part, such as if they had a malfunctioning gate and, despite being aware of the problem (or logically, if they *must* have been aware under the circumstances), they failed to fix it. If there were blameless--e.g., you simply mistimed the gate--they would not be liable.


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