What to do if while driving through a parking lot an unsecured metal gate swung open and hit my car damaging it?

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What to do if while driving through a parking lot an unsecured metal gate swung open and hit my car damaging it?

It was a windy day. Now, 3 weeks later it is still unsecured and the owner of the enclosure refuses to talk to me. My insurance won’t pay because the cost is under my deductible ($697). Is the owner liable?

Asked on April 29, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The owner *may* be liable. It depends on whether the owner was at fault. That in turn depends on:

1) Did some other person, not under the owner's control, leave the gate unsecured? If someone not under the owner's control left the gate unsecured, the owner is not liable.

2) Even if some third party was not at fault, the owner would only be liable if the owner knew, or reasonably should have known (under the circumstances, essentially must have known) that the gate was unsecured (e.g that it didn't latch properly) and was a hazard before it hit your car. If they did not know there was a hazard, there would not be liable, since they would not have done anything wrong. (Note: if an employee of the owner left it unsecured, that would make the owner liable, since an employer is liable for his/her/its employee's actions.)

Even if the owner would be liable, if they do not pay voluntarily, you'd have to sue them to get the money, which may not be cost effective.


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