QUESTION
Is my apartment complex liable for damages to my vehicle?
Asked on Aug 19th, 2011 on Automobile Accidents - Louisiana
More details to this question:
My apartment complex''s exit gate had been broken for the last couple of days. Management decided to open the gate half way until they fixed it. As I was exiting one day the gate damaged my rear passenger side door. In my opinion my apartment complex acted negligentlly by not fully opening the gate since they knew the gate was going to remain broken for a few days, and only keeping it open half way incresed the chance that a vehicle could be damaged.
1 ANSWER
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If you were driving out the gate, there was sufficient room to go through and you hit the gate, you would be primarily liable for the damage to your vehicle and the gate. Much depends upon the reasonableness of your actions and the actions of the apartment complex. The apartment complex has a duty to make the situation safe under the circumstances. If they did so and you simply hit the half open gate upon exiting, then you would be liable. Depending upon the amount of damage to your vehicle compared to your auto insurance deductable, you may want to fix the damage at your own expense or turn the matter over to your auto insurance company.
Answered on Aug 19th, 2011 at 1:04 PM