Automatic gate accidents in Los Angeles can cause serious injuries or deaths. In these types of cases, there are several parties that might be liable. The property owners or lessors may be responsible if they negligently retain or repair the gates or if the knew or should have known about an existing defect and failed to repair it. If the automatic gate failed because of a defective part, the part’s manufacturer may be liable to pay damages. Finally, people who are injured in gate accidents may also share liability. In Park v. Oh
, Los Angeles Superior Court Case No. BC569323, the plaintiff and the property owner shared liability.
Factual background of the case
Around 4:30 p.m. on Nov. 13, 2013, Chon Ho Park drove down the driveway of his apartment complex. As he drew near to an automatic gate, he noticed that it was working improperly. Oh watched the gate as it opened and closed multiple times and called his landlord to ask what he should do. His landlord told him to turn the switch on the automatic gate to the off position so that the landlord could inspect it later on during the day. Park looked for the switch but could not see it. He walked around to the outside of the gate to look for it. The switch was located inside of the motor’s exterior plastic housing. While Park stayed on the phone with his landlord, he reached through some metal bars in order to try to turn the switch off. When he did, the gate closed on his wrist and arm, breaking them. Park filed a lawsuit against his landlord alleging that the landlord had negligently maintained the gate.