Legal Question in Civil Litigation in Georgia

During the recent winter weather my wife was performing in home therapy. She contacted the client prior to leaving the house to ensure that the public road and the client's driveway were both clear. She received a text from her client that both were clear and safe. We have pictures of the public roadway leading to the clients house that shows no treatment had been performed. The clients home has a mechanical gate that the client operates from inside in the home. The client opens the gate and my proceeds half way through when the tires (replaced less than 10,000 miles ago) cannot get traction due to snow and ice on the clients driveway, the gate closes on the vehicle causing approximately $1,000 damage.

The client's insurance denies the claim saying my wife "loss control" of the vehicle.

Does the home owner not assume liability for a gate on their property that they are operating?

What should my next step be considering that the home owners do not appear to be willing to pay for the damage?

Should my wife consider not serving clients in gated homes in the future?

Also, I believe the client's home is under contract to be sold and they are planning on moving out of the area. What part should that play in what we do next.


Asked on 2/27/14, 9:14 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can't sue for acts of God, and frankly, since your wife chose to ignore the state of emergency and weather reports, she made a dangerous choice. The answer here legally is simple. You make a claim on your own car insurance (and of course get hit with whatever deductible you chose). The only way the homeowner's insurance will pay will be if the gate was defective, and your own post shows that was not the issue. Since I don't suspect this will happen except on snowy days, I don't see why it should affect your wife as to future work, as long as she stays home on snow days.

Read more
Answered on 2/27/14, 9:36 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia