While garage doors may secure a home and protect one’s vehicles from destruction, problems arise when garage doors malfunction. The size and weight of garage doors can pose serious safety hazards to people who operate them. A 2007 NEISS Hospital Study found that over 13,000 people suffer from injuries as the result of garage door accidents every year. Garage doors can cause people to suffer from limb amputations, falls, and other serious hazards. Rosenfeld Injury Lawyers is committed to securing the most favorable recovery for people injured in accidents involving garage doors.
Garage doors can cause accidents due to a lack of knowledge in regards to their operation, poor installation or even design defects. The typical garage door weighs anywhere between 300 and 600 pounds. When a garage door collapses on a person, he or she can suffer from severed limbs or a serious concussion. The majority of accidents are caused when a person’s fingers, joints or limbs are caught in between garage doors. There are an estimated 7,557 people who suffer from amputations when their limbs are pinched or crushed in between garage doors. Over 2,100 people suffered from injuries as a result of a falling garage door.
An automatic garage door may have a tendency to cause accidents in young children. A young child may be injured if he or she is hit with a garage door that automatically collapses on him or her. It is important that one ensure precautionary mechanisms are installed in automatic garage doors and also can fully function. Those who own homes with automatic garage doors should make sure that they have properly installed garage doors with safety mechanisms.Types of Injuries Caused by Garage Doors
There are numerous injuries that can result when a person is harmed by an automatic or malfunctioning garage door. Some of the common injuries suffered by people who are harmed by garage doors include the following:
- Permanent disabilities
- Pinched joints
- Severed limbs
- Bruising or lacerations
- In the worst cases, death
If you suffer from an injury after opening a garage door or otherwise, then you should seek medical help as soon as possible. It is important to make sure that your injuries are documented in the event that you pursue a claim against the manufacturer or landowner.Liability Imposed in Illinois Garage Door Accidents
Determining who may be liable is often the most critical aspect of one’s legal case. It is important that a lawsuit be brought against the appropriate party in the event that you are injured by a garage door. If a garage door was improperly maintained and not defective, then the landowner may owe a duty of care in your case. This can arise in cases involving “invitees” and “licensees,” which are terms of art used to describe the legal duties owed when you are on someone else’s property.
If you are visiting another person’s property for social reasons, then the landowner owes a duty to warn and also make necessary repairs to protect you from dangerous conditions. This means that a landowner may have a duty to tell you about a garage door that has not been repaired and may also need to make the necessary repair before you use it. If you are on another person’s property for the purpose of conducting business, then a landowner will still owe you a duty to warn of any dangerous conditions in regards to a garage door.
In the case of a common garage or rental unit, landlords and properly owners have a similar responsibility to maintain their premises in a safe manner including regularly inspecting the premises and complying with building codes applicable to the installation of garage doors. When landlords fail to comply with these regulations, they expose themselves to liability when a person becomes injured.
If you were injured by a garage door on your own property, then you still may be able to file a lawsuit. You may be able to pursue a products liability case against the manufacturer or installer of the garage door. If the manufacturer sold you a garage door that was unreasonably dangerous and contained a product defect, then it will likely have to pay you compensation for your injuries.
Courts will assess a variety of factors to determine whether you can claim compensation in a products liability case, such as whether you are a proper plaintiff, whether the garage door contained a design defect or manufacturing defect, whether you suffered any injuries, and whether the defective garage door actually caused your injuries. Unless you were misusing a garage door or altered it in some way, you should be able to recover damages under a products liability theory.Contact Lawyers With Experience Prosecuting Garage Door Accident Cases Throughout Illinois
Determining how or if to proceed with an injury claim related to a garage door accident is a difficult decision. Rosenfeld Injury Lawyers is committed to securing the best possible outcome for each client. If you were injured in a garage door accident, we invite you do discuss your legal options with our team. We will provide you with an honest assessment of your case and legal options. Talk to us anytime.