Almost decapitated at public garage - Need Legal advice
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06-23-2013, 11:02 AM
#1 Jan Bulis Fan
Join Date: Dec 2009
Location: Bat Country
Originally Posted by
I'm sorry but this is not negligence on behalf of the property owner/manager. You acknowledge the door began descending as you were riding through the opening. Those garage doors don't rush down at the speed of light. If I am standing in an opening and a garage door starts coming down a) it's loud enough that I can hear it b) there is enough time for me to take 2 pedals and get out of the way.
It started coming down as you were peddling up. You made no effort to stop and wait for it to come up again, you rushed through hoping you could 'beat' it before it shut on you. On top you were wearing no helmet so made little effort to protect your head, not only from garage doors, but anything. Very negligent on your part.
The bottom line is to get an money you'll have to prove it was their fault. I don't think it was. It sounds like your just pissed and want to blame someone else for your dumb decision.
Hope you're ok though. Good luck
He wrote that he was going through the gate as it descended. Unless he possesses grasshopper like jumping skills, a gate suddenly going down as you are crossing is very tough to avoid.
It sounds like you are assuming he saw the gate going down, and tried to rush to make it, when he didn't post anything of the like.
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