Though not necessarily a common injury, accidents involving parking lot control arms or gates can be quite devastating when they occur. Serious injuries and even fatalities have been reported as a result of parking lot control arm or gate malfunctions. When such an incident occurs, the injured party could be entitled to substantial financial compensation for various types of damages.
Below we will look at what types of injuries are often caused as a result of accidents involving parking lot control arms or gates, discuss what types of damages may be recoverable, and review how to file a personal injury lawsuit with the top-rated attorneys at Dordulian Law Group.
Parking lots will often utilize control arms or gates to ensure patrons are appropriately paying for their time. Such measures are also a good means of controlling traffic and monitoring the number of cars coming in and out of a parking lot facility or structure.
Parking lot control arms and gates can serve as a means of security, but when they don’t function properly serious injuries can occur. Let’s review some of the more common injuries that can result from parking lot control arm or gate accidents/malfunctions:
When an injury or fatality occurs due to a parking lot control arm or gate accident, the affected party (or surviving family members) may be entitled to significant financial compensation through a personal injury civil lawsuit with Dordulian Law Group.
Parking lot control arm and gate injuries can be caused by a number of factors. Some of the more common scenarios leading to serious injuries from parking lot control arms or gates include:
– Walking Underneath an Open Control Arm/Through an Open Gate: Pedestrians entering and exiting parking lots or structures – whether after parking their vehicles or simply on foot as a patron or guest – can suddenly be struck by an opening/closing control arm or gate. Such a scenario can lead to crushing, striking, or impaling an unsuspecting passerby.
– Defective Control Arm or Gate: Parking lot control arms and gates can malfunction, short circuit, or simply open/close with too much force or too quickly. Whether opening/closing or continuously moving up and down/back and forth, these defects can lead to serious and even catastrophic injuries or fatalities.
– Device Closing When Vehicles Entering/Exiting: While you may feel protected sitting inside your vehicle, parking lot control arms or gates closing/opening unexpectedly can still cause serious injuries. The force of a closing/opening control arm or gate can actually crush a vehicle and severely injure the driver/passengers inside.
– Improper Maintenance or Upkeep: Parking lot control arms and gates need to be maintained regularly. Failing to do so – whether by the parking lot owners or property managers – can lead to malfunctions and serious injuries.
– Standard Wear and Tear: Parking lot control arms and gates open and close countless times every day. Accordingly, wear and tear can lead to malfunctions and accidents resulting in serious injuries.
– Defective Automation: Many parking lot control arms and gates operate through automation. This can be convenient, but it also allows for potential malfunction or error leading to accidents involving serious or catastrophic injuries (or, in tragic cases, fatalities).
– Human Operator Error: Some parking lot control arms or gates are operated by workers and, as we’re all subject to operator error at one point or another, such a scenario can lead to serious injuries impacting patrons entering/exiting lots or structures.
When parking lot control arm or gate accidents occur, there are typically two options for liability. The first involves property owner or manager responsibility. The second involves product liability, which may fall on the manufacturer of the parking lot control arm or gate. Let’s review these two options in greater detail.
Parking Lot Owner/Property Manager Liability: If a parking lot owner or property manager fails to maintain the control arm machines or gates, they may be held liable for substantial damages in the event that an accident leading to injury or death occurs. It is incumbent upon the parking lot owners or property managers to maintain a safe environment for patrons – this is what’s known as a duty of care in personal injury law. If a duty of care is breached as a result of negligence, carelessness, or malice, the injured party could be entitled to a maximum damages award.
Defective Product Liability: In instances where the parking lot owners or managers have kept up with inspections and maintained equipment properly, the liability for a control arm or gate accident leading to injury could fall on the manufacturer of the device. Companies that produce automated parking lot control arms and gates have a duty of care to provide equipment that does not pose a danger to the public. When such equipment fails or malfunctions and causes an injury, the manufacturer could be held liable.
Some of the more common damages recoverable after a parking lot control arm or gate injury are as follows:
In instances where a tragic fatality occurs as a result of a parking lot control arm or gate accident, the decedent’s surviving family members may file a wrongful death lawsuit to recover various damages. Some common damages recoverable through a wrongful death claim include:
Economic Damages Without Limitation:
Non-Economic Damages Without Limitation:
California wrongful death lawsuits typically do not include punitive damages, as state law dictates they only be awarded in cases of serious or malicious wrongdoing in an effort to punish the liable party. However, when applicable, punitive damages are not capped in the state of California.
In California, the statute of limitations for personal injury claims is almost always two years from the date that the incident occurred. However, if an injured victim is pursuing a claim against a government entity or other specific at-fault party, the statute of limitations could be much shorter (sometimes only six months).
Accordingly, it is recommended that injured victims contact an experienced parking lot control arm/gate injury accident lawyer immediately following an incident. Taking quick action will increase your chances of success and also ensure your claim is filed timely, properly, and in accordance with all state and local regulations.
When you’re injured in a parking lot control arm or gate incident, the recovery process can be arduous and last for several months or even years. If your injury was a result or negligence, you could be entitled to substantial financial compensation which allows you to make a complete recovery on your own terms – physically, emotionally, and financially.
Damages awards can help cover the cost of medical care and rehabilitation, but they can also help injured victims move forward with financial compensation that can be used as necessary. At Dordulian Law Group (DLG), we’ve helped countless injured victims secure the maximum damages awards they deserve for various types of claims.
Founded by former Deputy District Attorney for Los Angeles County, Sam Dordulian, DLG is California’s leading personal injury firm with experience and proven results that simply can’t be matched by most other firms. As a Deputy District Attorney, Dordulian helped victims obtain justice in criminal cases. Today, he helps injured victims recover maximum financial compensation for all types of accidents.
Parking lot control arm and gate accident lawsuits fall under what’s known as premises liability claims. At DLG, we’ve successfully helped clients recover multi-million dollar damages awards recently through premises liability lawsuits. Some examples include:
When you’re injured in parking lot control arm or gate accident, you need an experienced and proven attorney to handle your claim. With more than 25 years of personal injury expertise and over 100 jury trial victories, Sam Dordulian offers injured victims peace of mind knowing their claims are in the best possible hands.
When you bring us your parking lot control arm or gate claim, we’ll assess the facts of your case and help you determine the best path forward. Additionally, we’ll be able to provide you with an estimate for how much a possible settlement or verdict might be worth.
At DLG, our skill, experience, and proven results are unparalleled. Additionally, we provide each and every client with the professionalism, personalized attention, and compassion they deserve. Parking lot control arm/gate accident victims throughout the nation consistently turn to DLG to handle their claims, obtain justice, and recover maximum financial compensation on their behalf because of our experience, advantages, and results:
“They were very professional and fought hard for me. Two seperate cases and two seperate wins. Would highly recommend Dordulian Law Group and would hire them again if needed in the future.”
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