Suing For Garage Gate Accidents In Florida
Florida households may be harboring a major hazard that most families aren’t even aware of. A string of garage gate injuries have led to at least two lawsuits, and these lawsuits have highlighted a major and potentially fatal issue. But what is so dangerous about garage gates in Florida? Why are people being injured and killed? And perhaps most importantly, what can you do if you were injured in one of these accidents? Let’s find out:
Two Boys Die from Garage Gate Accidents
Automated gates are apparently to blame for two deaths. The first incident involved a boy playing while standing on one of the gates. His friends were activating the motion sensor, causing it to go up and down. Eventually, the gate rose too high, and the boy suffered catastrophic head injuries. After staying on life support for almost a month, family members decided to pull the plug. He had suffered serious brain damage from which there was no hope of recovery. The family decided to sue the company that sold the garage gate, stating that they wanted to prevent this from happening to any other child.
Less than a year later, another young boy died in a similar accident – this time in Orlando. The boy also stepped onto the gate and held onto the automated curtain. The gate began to roll open with no audible alarms or sensors, and the boy’s body became caught in the machinery. Like the other victim, he did not survive his injuries.
Critics say that the garage doors should have had fail-safes in place to prevent these accidents from happening. According to regulations, these fail-safes are required by law. One of the lawsuits points out that the company failed to install the control switch at the correct height.
So do these lawsuits have any chance of success? The garage door company filed a motion to dismiss with the earlier case. A judge has not ruled yet, but there is a strong possibility that this case could go away. It all depends on the plaintiff’s ability to prove not only negligence on the part of the garage door company, but also the lack of negligence on the part of the victims. This latter step may be challenging due to the fact that the boys were playing on the gate.
In the Orlando case, the defendants have completely denied all allegations of wrongdoing, claiming that there is no “causation” between their actions and the injury. Causation is one of the four major elements of negligence – without it there can be no victory for the plaintiffs.
Where Can I Find a Qualified, Experienced Personal Injury Attorney in Florida?
If you’ve been searching for a qualified, experienced Orlando personal injury attorney, look no further than Payer Law. Over the years, we have helped numerous injured plaintiffs in the Orlando area. We are well aware of how dangerous garage gates can be, and we’re ready to fight for your rights. Whether you have suffered injuries yourself or you wish to sue on behalf of a deceased loved one, it makes sense to book your consultation at your earliest convenience. Reach out today to get started with an effective action plan.