Parking lot gate arms—commonly found at the entrances and exits of parking garages, shopping centers, office complexes, and apartment buildings—are meant to provide automated access control. However, these automatic gates, when defective or poorly maintained, can pose serious risks to both pedestrians and motorists. If you or a loved one has been injured due to a malfunctioning or negligent parking gate system, it’s important to understand your legal rights, the potential liability of the parties involved, and the legal process to recover compensation. At LA Law Group, APLC, we are committed to helping personal injury victims across California get the justice and compensation they deserve.
How Do Parking Gate Arm Accidents Happen?
Parking gate injuries typically occur when the automatic arm descends or swings without warning or while a pedestrian or vehicle is still in the lane of movement. Common causes of these incidents include defective sensors, poor installation, outdated equipment, lack of safety protocols, or outright negligence in maintenance. A malfunction can cause the gate to strike a pedestrian, trap a cyclist, or damage a vehicle, leading to serious injuries or even death.
Injuries caused by gate arms include concussions and traumatic brain injuries, broken bones, lacerations, facial fractures, spinal injuries, and crushing injuries to limbs or the torso. Victims often face significant medical treatment, lost wages, and emotional trauma.
Who Can Be Held Liable?
California premises liability law (California Civil Code § 1714) imposes a legal duty on property owners and occupiers to maintain their premises in a reasonably safe condition. This includes ensuring that automatic gate systems are properly maintained and regularly inspected.
1. Property Owners and Managers:
Under California Civil Code § 1714(a), property owners have a duty to exercise reasonable care in the maintenance of their property. If a property owner fails to inspect, maintain, or repair a malfunctioning gate arm, and someone is injured as a result, the owner can be held liable for negligence.
2. Gate Manufacturers and Installers:
If the injury was caused by a defect in the design or manufacture of the gate system, a products liability claim may be appropriate. California follows strict liability principles in defective product cases, as established in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, where the California Supreme Court held that a manufacturer is strictly liable when a product causes injury due to a defect, even without negligence.
3. Maintenance Contractors:
If a third-party contractor was hired to maintain or repair the gate and failed to do so properly, they may be liable for negligence. For example, if maintenance workers ignored manufacturer warnings or failed to replace broken safety sensors, and someone is injured as a result, that party could be held partially or fully responsible.
Relevant Legal Precedent
One illustrative case is Lee v. Department of Parks & Recreation (2019) 38 Cal.App.5th 206, where a plaintiff was injured when a government-operated automatic gate malfunctioned. Although sovereign immunity limited liability in that case due to it being a public entity, it set the standard that property controllers must inspect and maintain gates under a duty of care. In private sector cases, this standard of care is more stringent, and courts routinely find in favor of injured plaintiffs when such safety mechanisms fail due to negligence or poor maintenance.
Another relevant case is Rosales v. City of Los Angeles (2000) 82 Cal.App.4th 419, which discussed the concept of “dangerous condition of public property” and emphasized the importance of warning signs, routine inspections, and foreseeable misuse. The legal principle applies equally in private settings, especially where repeated gate malfunctions go unaddressed.
Your Right to Compensation
If you’ve been injured by a parking lot gate arm, you may be entitled to recover damages for:
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Medical expenses: Including hospital bills, surgery, physical therapy, and ongoing rehabilitation.
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Lost income: For time missed from work due to injury, including reduced earning capacity.
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Pain and suffering: For physical pain and emotional trauma.
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Loss of consortium: For spouses and family members affected by the injury.
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Punitive damages: In cases of egregious negligence, such as a property owner ignoring repeated gate malfunctions.
What to Do After a Parking Gate Arm Injury
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Seek Immediate Medical Attention. Your health is your top priority. Document all treatment and follow-up appointments.
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Take Photos or Videos of the Scene. If possible, photograph the gate, warning signs (or lack thereof), and your injuries.
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Get Witness Information. Eyewitnesses can help corroborate your story and assist in establishing fault.
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Report the Incident. File an incident report with the property manager or building owner.
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Consult a Personal Injury Attorney. Navigating insurance claims and determining liability in gate-related accidents requires experienced legal counsel.
Statute of Limitations: Don’t Delay Your Claim
In California, personal injury claims are generally subject to a two-year statute of limitations under Code of Civil Procedure § 335.1. If your injury occurred on government-owned property (e.g., a municipal parking structure), you must file a government claim within six months under the California Tort Claims Act (Government Code §§ 910 – 945.6).
Missing these deadlines can bar you from recovering compensation, so it’s crucial to act quickly.
Why Choose LA Law Group
At LA Law Group, APLC, we bring decades of experience in personal injury litigation, including complex premises liability cases involving parking structures, security gate arms, and mechanical systems. We are relentless advocates for injured clients and work on a contingency basis—meaning you pay no legal fees unless we win your case.
With offices in Chatsworth, Santa Monica, Culver City, and Fremont, we proudly serve clients across Southern and Northern California. We are also available for remote consultations and weekend appointments.
Schedule a Free Consultation Today
If you or a loved one was injured by an automatic gate arm or parking barrier, don’t wait. Contact LA Law Group today at (866) 625-2529 or visit our website at www.bizlawpro.com/contact-us to schedule a free, no-obligation consultation. Let us evaluate your case, identify the liable parties, and fight to get you the compensation you deserve.
LA Law Group, APLC
21540 Prairie Street, Unit A, Chatsworth, CA 91311
info@bizlawpro.com | www.bizlawpro.com
Additional Information:
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California Civil Code § 1714 (Premises Liability Law):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714 -
California Code of Civil Procedure § 335.1 (Statute of Limitations):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1 -
California Government Claims Act (Claims Against Public Entities):
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.6.&title=1.&part=3.&chapter=1.&article=2. -
Case: Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (1963) – Product Liability:
https://scocal.stanford.edu/opinion/greenman-v-yuba-power-products-inc-27243 -
California Department of Consumer Affairs – Product Safety Resources:
https://www.dca.ca.gov/consumers/index.shtml -
U.S. Consumer Product Safety Commission (CPSC) – Automatic Gate Injuries:
https://www.cpsc.gov/
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For legal advice regarding your specific situation, please consult a licensed attorney.
