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Who Is Liable for Automatic Gate Injuries?

Negligence, human error or equipment malfunction can cause automatic gate accidents and property owners, service providers, and manufacturers may be liable for injuries and other losses. Automatic gates have caused property damage, disabling injuries, and even fatalities.

Types of Liability in Automatic Gate Accidents

When an automatic gate malfunctions, the weight and force of a moving gate can easily maim or kill someone who is hit or entrapped. There are several different types of liability in automatic gate accidents. When safety devices are not installed, gates are defective or maintained improperly, warning signs are not placed, or on/off switches are not properly placed near the gate to provide workers the ability to stop motion when an accident occurs, responsible entities can be held liable.

If the equipment is defective, outdated or broken, and the gate malfunctions, the liability can fall either with the manufacturer or with the company that is using the gate.

Human error can also be a factor causing the problem. Sometimes the fault lies with a victim, such as if a person tries to pass through a gate quickly while it is closing. Sometimes the fault lies with an operator. If a worker, for example, has a responsibility to monitor the gate and sees an accident occurring, but fails to disable the gate promptly, that worker or the company could be liable.

Finally, fault can lie in negligence. If the equipment was improperly installed or maintained, or warning signs were not properly placed, the company or worker responsible for the gate could be found liable due to negligence.

Determining liability requires taking a careful look at all of the facts surrounding the case because in some incidents, multiple parties can be held liable. Often, even if the injured party made a mistake, equipment problems or human error on the part of the employees or operators are a contributing factor. In these cases, a personal injury attorney in Las Vegas can help identify all responsible parties so that injured individuals get fair compensation to help pay for the cost of medical treatment, lost time from work, and other related expenses.

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Las Vegas Personal Injury Lawyer Cliff Marcek

Mr. Marcek has published several legal articles, been a featured speaker on legal topics and has represent several clients pro bono during his career. In addition, Mr. Marcek was a member of the Attorney Generals Commission on Military Assistance in 2015.

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