Security and keeping out trespassers are major concerns for any parking lot or garage. The last thing any business owner wants is someone being attacked, mugged, or hurt in some other way by a criminal. Even if it’s a group of kids who are playing around, they could end up being injured on the premises or cause damage to the property. That’s why parking lot control arms, also known as parking lot barrier arms, are installed at public garages at hospitals, office buildings, shopping malls, and many other places.
While the parking arms are meant to prevent property damage and bodily harm, some people end up with serious injuries and vehicle damage if there is a defect or malfunction with the device. What can you do if you or your loved one got hurt in a parking lot control arm accident? Can you sue the owner of the parking lot for monetary compensation?
Our attorneys are here 24/7 if you need information on your rights and legal options. Contact Normandie Law Firm and schedule a free consultation with an automated parking garage injury attorney.
How can People be Injured by Parking Lot Barrier Arms?
Parking lot barrier arms can be automated or controlled manually, but they all serve the purpose of rising and giving access to the property, then lowering back down once the vehicle clears the area. This is a sound and efficient system when everything works properly. But when an automated parking lot control arm is defective, people can be easily injured through no fault of their own. Arms can also crash down on the top of someone’s vehicle if they close too early, and this can result in significant damage to the car.
Parking garage control arms can malfunction for many reasons, which include:
- Manufacturer defects – defects during the manufacturing process can cause the arm to detach from the base without warning or break apart and fall on to a car or unsuspecting victim. Aside from mechanical defects, the arm may have been improperly installed by the manufacturer.
- Normal wear and tear –these arms go through heavy usage, and you can imagine the wear and tear that happens when a device is used hundreds of times a day, year after year. The outer and internal components will eventually need to be replaced, along with electrical wiring issues that must be addressed immediately. Regularly scheduled maintenance can also prevent accidents from normal wear and tear.
- Parking lot attendant negligence – as we mentioned, not all parking lot control arms are automated, so an attendant must press a button or some other device that lifts and lowers the arm. Workers who are tired, carless, or improperly trained may cause the arm to drop before the customer’s car has cleared the area.
- Broken automation system – there are pros and cons to automatic sensors for a parking lot barrier arm, though an automated device is more efficient in various ways. Having said that, there is always a risk of the electrical problems and technology failures that can lead to an accident.
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Potential Injuries from a Defective Automatic Parking Garage Barrier
Parking lot control arm accidents can cause serious harm when they fall on top of a person of the car they are riding in. Possible injuries include, but are not limited to:
- Broken bones
- Deep lacerations
- Brain injury
- Neck or spinal cord injury
- Orbital fracture and other damage to the facial bones
- Broken teeth
These injuries often result in long-term or permanent health issues like vision loss, paralysis, chronic pain, and extensive scarring. Thus, seeing a doctor right away is crucial to your recovery, followed by speaking to a parking lot accident injury attorney. The legal team here at Normandie can help you file a premises liability claim and obtain payment from the parking lot owner and anyone else that’s liable for the accident.
Compensation for Accident Victims
The money you receive from a successful accident claim isn’t just about the medical bills you accrued right after the accident. There are numerous damages you may be entitled to, such as:
- Current and future medical expenses
- Value of lost wages, PTO and other job benefits
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
- Attorney’s fees
Filing Your Lawsuit within the Statute of Limitations
The deadline for a personal injury lawsuit in California is 2 years from the date of injury or accident. If you fail to file a claim within this time, you will lose the right to any compensation from the defendant. The statute of limitations provides enough time for the involved parties to locate evidence, gather witness statements, and build a case to defend their position. Once this window of time is over, it will be extremely challenging to convince the court that you deserve an extension.
Government Claims Must be Filed in 6 Months
There is a separate statute of limitations for compensation claims where the responsible party is a public entity. As an example, someone may be hurt from a parking lot control arm inside a garage at the county courthouse, city hall offices, or some other government property. In these instances, you only have 6 months from the accident to submit the applicable claim forms. Based on whether the agency accepts or denies your claim, you may need to file a personal injury lawsuit, which has its own deadline.
It can be quite overwhelming to keep up with the deadlines, paperwork, court procedures, and other aspects of a personal injury claim. Let us take care of the legal process on your behalf while you focus on your physical and emotional recovery.
Contact Us 24 Hours a Day, 7 Days a Week
Automated parking garage accidents happen more often than most people realize, and those who are injured need someone who can fight for their interests and the compensation they deserve. That’s the sole purpose of why we are here for you day and night, so don’t hesitate to reach out if you or family member was harmed by a parking lot control arm.
We have a contingency fee policy, so you never pay out of pocket to hire a personal injury lawyer. As part of your settlement award, the defendant covers the cost of legal fees, meaning we get paid at the same time as you. And if we don’t obtain your settlement, you pay us nothing, so your finances will never be compromised.
To learn more about suing for injuries caused by an automated parking garage barrier arm, call us to schedule a free case review.
Read Also
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