Legal Question in Construction Law in California

Re: Apartment Gate

I'm not aware of any codes specific to automatic gates, but just like anyone else, gate manufacturers and installers have a duty to make sure that their product is safe. You haven't, however, described anything that would suggest that the gate was unsafe. The gate has to swing one way or the other and it is logical that the apartment gates are set up as you mentioned. Think about the possible consequences if the gates swung other than as you described. (There are gates that roll in a straight line like a pocket door, but they require at least 12 to 15 feet of space to the side. The most unique gates swing up, but I don't see too many of them. It seems to me that these gates are dangerous because they can come down on people.)

There are generally safety loops installed in the pavement on either side of the gate and will stop the gate if metal is detected. You can't, however, have a loop right where the gate will be swinging because the loop would detect the metal gate swinging just above it. So, on the in-swing side, the loop is located a few feet beyond the radius of the swing of the gate. This means that if your car is located directly in the path of the gate there is no loop that can detect that your car is there. There are timers on the loops that tell the gate to wait for so many seconds before closing, but if you're moving slowly, the loop will have timed out.

Was somebody negligent? It's possible that the gate hasn't been installed with all the safety devices, but from what you've described, most people would say that you were the one that was negligent. Sorry.

Re: Apartment Gate

well at least i cannot be accused of being rude to a questioneer again. lets just say my collegue was caring and mild in his answer --- you see common sense says that you know the gate is to be opened because you cause it but some one on the other side has no idea ssssooooo if the gate were to set up so it opens the other way and he gets hit he can sue everybody in site and probably win plus the insurance coverage would be canceled or excluded --- also if you were trying to get out based upon a tenant starting the process before you you were negligent, did not use common sence and probably did not have enough time to get out or in without the exact problem occuring which did occur --- think about it and try being safer, and whatch out for those yellow lights you problably go through as it sounds like you may be an accident waiting to happen, patience is truly a virtue in you case