Legal Question in Construction Law in California

Re: garage door killed my dog

The outcome in Small Claims Court might depend upon "whose say-so" establishes that the 7-1/2" setting was incorrect and negligent, whereas 5" would be proper. If the manufacturer's specifications called for 5" and the contractor had access to that information, you have the beginnings of a case. There are other elements you would have to plead and prove to establish financial responsibility for negligence and the dollar amount of your loss.

It also sounds as though two installation errors were made: one that the "electric eye" sensors were too high, so the dog wasn't detected; the other that the pressure-detection system that reverses the motor upon sensing resistance to closure didn't fire off ven though the door wasn't closed completely, and that this in turn was also due to improper installation.

I think that in order to win, you need very good proof that the installation was contrary to instructions that were in the contractor's possession, or of which he was or should have been aware, as to one or the other, and preferably both, of the installation requirements.

You would also need to argue (1) that the failure to follow the instructions was the cause of the dog's death, and (2) the value of the dog at the time of its death.