Lawsuits for Injuries from Garage Door Accidents
If a garage door is not installed or maintained correctly, accidents will occur. They may take place at the victim's own home, or at another person's residence or even at a public place.
The most common ways garage door injuries happen include the following:
- Getting struck by a falling garage door,
- Cuts and lacerations from the broken glass of garage door,
- Injuries from getting stuck under a closing garage door.
If someone is involved in an accident involving a garage door, they might be eligible to receive compensation for any resulting injuries.
Garage door injuries range widely in severity, where some injuries can be minor, while others can result in a victim's death.
A personal injury lawsuit due to a garage door accident could provide compensation and damages for a victim to cover medical treatment, pain and suffering, loss of income, and lost earning potential.
If a garage door accident resulted in someone being killed, the victim's family might be able to file a wrongful death lawsuit.
These types of claims give family members a chance to recover damages for the loss of a loved one. The damages include loss of financial support, loss of consortium, and funeral costs.
Whoever is responsible for the garage door accident can be held liable. Victims can pursue a lawsuit for negligence against the garage door manufacturer, the contractor who installed the door, as well as the property owner.
If you were injured in a garage door accident in California, you need the assistance of an experienced personal injury attorney.
It is essential to have a lawyer assisting you with any garage door injury case, as these types of cases can involve multiple areas of civil law.
What Are Garage Door Injuries?
Garage door injuries occur because of a garage door malfunctioning in some way resulting in an accident.
They can occur because of someone's negligence, a homeowner's failure to maintain the garage door's safety, or because of a defect in the garage door or associated machinery.
Because of this, you can potentially bring a garage door injury claim under the legal theories of:
- Premises Liability; or
- Products Liability.
It is essential to understand what caused your injury to determine your best path towards financial recovery.
The legal standards and burdens of proof vary between these three potential types of garage injury claims.
Common Types of Garage Door Injuries
Garage door accidents can lead to various types of injuries, including:
- Pinched or broken fingers,
- Pinched or broken limbs,
- Lacerations on face and body,
- Internal injuries,
- Severed fingers,
- Head injuries.
It is estimated that nearly 13,000 injuries occur each year because of garage doors.
Many people suffer injuries while fixing or maintaining their garage doors.
These injuries often occur because the person trying to fix the garage door doesn't have the proper experience or necessary tools to complete the job safely.
Who Can I Sue for a Garage Door Injury?
As mentioned above, garage door injury claims can fall into several categories: negligence, premises liability, or product liability. Because of this, you have several potential parties who can be held financially responsible for your injuries.
Depending on the cause of the accident, a garage door injury lawsuit can be filed against any or all of the following:
- Owner of the property,
- Manager of the property,
- Garage door maintenance company,
- Garage door manufacturer,
- Garage door designer,
- Garage door controller,
- Garage door installer.
If you file a negligence claim, that claim can be brought against the garage door controller, the garage door maintenance company, the property owner, and/or the property manager.
Property owners can be held liable for dangerous conditions on their property that caused an accident or injury.
Under the premises liability laws, owners owe a duty of care to visitors to keep the property reasonably safe.
If a homeowner negligently installs or maintains their garage door resulting in an accident and injuries, they can be held responsible for the victim's damages.
Anyone who suffers an injury due to a garage door accident could file a claim against the landlord if the landlord owns or controls the property.
If you file a premises liability claim, that claim can be brought against a property owner or a manager. Product liability claims are reserved for garage door manufacturers for defects in the design and inadequate warnings.
What Types of Compensation Are Available for Garage Door Injuries?
If you suffer a garage door injury, you may be eligible for compensation for both economic and non-economic damages.
Economic damages are meant to pay for costs incurred because of the injury and the future expected costs necessary to make a full physical recovery. Economic damages are objective damages that can be easily calculated and include:
- Medical expenses,
- Hospital bills,
- Lost wages,
- Property damage,
- Loss of future earning potential,
- Physical therapy,
- Cost of future treatment,
- Cost of prescription medications.
In most cases, providing medical bills or proof of other expenses is used to help determine the correct amount of economic damages.
In addition to economic damages, a court may also award non-economic damages to the garage door injury victim. Non-economic damages are more difficult to calculate as they are subjective damages that include things such as:
- Pain and suffering,
- Emotional trauma,
- Loss of consortium,
Get Help from a Los Angeles Personal Injury Attorney
A court will seek to determine how the victim's life has been affected due to the accident and attempt to place an appropriate value on these life changes.
These are just some of the types of economic and non-economic damages you may be eligible for due to a garage door injury. If you suffer a permanent or life-changing injury, you are more likely to be awarded non-economic damages.
Even though a garage door injury may seem like an accident, you may be eligible to receive financial recovery if you understand your case. If you have specific legal questions about the potential compensation for your injuries, call us at the Injury Justice Law Firm.
If you have been injured in a garage door accident, you should speak to our personal injury attorneys.
Our attorneys can help you determine the liable party and how to proceed.
We serve clients throughout Southern California from our two office locations in Los Angeles County, including Century City and Van Nuys.
To discuss your garage door injury case, call us for a free case consultation at (818) 781-1570.