Legal Question in Landlord & Tenant Law in California

Re: Apartment Malfeasance

Well, I have to say there are always two sides to every story, and while I believe you, I want you to understand their side of this situation. I used to own a multi-family property that had electronic gate control access. We also had a camera pointed right at the gate, and it recorded everyone coming and going from the complex. Without fail, the only time the gates actually hit someone's car was when they tried to "sneak" through behind a car that legitimately came in with their RFID card. The driver's always claimed to be coming through normally and the gate just came along and hit them. As the video proved out time and time again, the people driving in were in the wrong, and the gate was doing what it was supposed to do - close after one car enters. Almost every car on those tapes crossed the gate entrance while the gate was swinging closed, and they either mis-judged the speed it would close at, or got hung-up getting through the opening by the car in front of them. In either case, not one person was ever able to prove at that complex that it was the gates fault.

In your case, the gate could well have malfunctioned, however, the management company is going to assume, probably based upon their experience which is likely to be the same as mine, that the only time the gate hits a car is when someone sneaks through after the car (or two or three) ahead of them enters with a code or RFID card. You will have to prove somehow that the gate malfunctioned and that is the only reason it hit your car. You need a witness or a video tape if there is a camera at the entrance. If you passed through behind another car that rightfully entered, without scanning your card or entering your code, then you are at fault. Irrespective of what happened, demand the apartment owners insurance information and submit a claim. If they won't give it to you, put it in writing to the manager, and when they don't pay, sue them in small claims court.

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Re: Apartment Malfeasance

If the accident was the result of a gate malfunction, and not your negligence, the apartment complex is liable under the legal doctrine of res ipsa loquitor.