Legal Question in Landlord & Tenant Law in California
A gate at a apartment complex came down on my truck as i was going under it,i backed out and it scratched the top and hood of my truck r they liable
2 Answers from Attorneys
It's not a simple answer. If you were properly using the gate - i.e., you either punched in an entry code, were buzzed in by a homeowner, or used a gate-card or remote, and it suddenly came down then they might be liable. Most of these cases I have seen (granted, I generally work for the property owner) involve someone rushing the gate to try and get through after someone who legitimately gained entry. In those cases, you are not going to get the landlord or his insurance company to pay for the damage. Often, these complexes have cameras which can verify what actually took place. The property owner is really only going to be liable if the gate actually malfunctioned.
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Put it through your insurance. They will figure out who is liable and collect from the other party if it is not you.