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Almost decapitated at public garage - Need Legal advice

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Old
06-22-2013, 08:28 PM
  #26
RealityBytes
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To get anything, you will have to prove some sort of negligence on their part ... and what do you say to them stating "all drivers are supposed to watch out for the door, it's just common sense. The door was working correctly, he just wasn't paying attention to what was going on around him. It doesn't happen to other bike riders."

If they are negligent, they will probably try to settle quickly directly with you and cover your damage costs, but trying to get more is difficult in Canada, especially if there is no permanent damage. However, if they do try that then consult a lawyer for sure because you then know you have a case.

A lawyer is definitely a good idea, but if it is going to cost too much just for the consultation, maybe you can find one who will take your case based with no up front cost and only a %age of amounts received.

Anyway, good luck and hope it all works out.

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06-22-2013, 09:00 PM
  #27
Travis Moen
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Wish you happy recovery OP.

Having said that, I hate the victimisation syndrome always trying to blame someone or something. Take it as a lesson learned the hard way and move on.

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06-22-2013, 09:57 PM
  #28
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Toews, Hossa and Bergeron injured.

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06-22-2013, 10:08 PM
  #29
Born in 1909
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Just reading your words makes me cringe.

Put a helmet on, man!

Head blows are the worst thing... as I'm sure you know.

Glad it wasn't more serious.

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06-22-2013, 11:47 PM
  #30
spaceman sean
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Originally Posted by Travis Moen View Post
Wish you happy recovery OP.

Having said that, I hate the victimisation syndrome always trying to blame someone or something. Take it as a lesson learned the hard way and move on.
That's kind of harsh. What's the lesson? Don't use garage doors? If someone is at fault they should be held accountable. If Oleg isn't at fault, then someone else would be. It's up to the building owner to make sure everything is in working order.

i have heard of garage doors failing and damaging cars and people being compensated for that, so this doesn't sound like too much of a stretch? (i am not a lawyer)

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Old
06-23-2013, 02:51 AM
  #31
ottawa
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I'll represent you. They won't know what hit 'em.
Guy Lafleur has my vote...he must have learned a lot about the law in recent years

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06-23-2013, 09:44 AM
  #32
Oleg Petrov
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Thanks to everyone that responded. I have visited with the managers and will most certainly get my plastic surgery, dental work and bike repairs covered, they were more than willing to help and are reviewing their policy on allowing bikes in the lobby.

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Old
06-23-2013, 09:49 AM
  #33
Dekar
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Originally Posted by Oleg Petrov View Post
Thanks to everyone that responded. I have visited with the managers and will most certainly get my plastic surgery, dental work and bike repairs covered, they were more than willing to help and are reviewing their policy on allowing bikes in the lobby.
That's fantastic news. I'm glad they were so willing to work with you towards that end, and frankly, I'm a bit surprised that they did also.

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06-23-2013, 09:53 AM
  #34
Oleg Petrov
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That's fantastic news. I'm glad they were so willing to work with you towards that end, and frankly, I'm a bit surprised that they did also.
I work for one of the high paying tenants in the building, and our office manager has a good rapport with the building so they smoothed everything over.

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06-23-2013, 10:53 AM
  #35
yoyo999
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Originally Posted by Oleg Petrov View Post
As I drove through the garage the door started descending and hit me in the forehead. I collapsed and bled all over the garage. Fortunately a driver was behind me and called an ambulance.
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

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06-23-2013, 11:02 AM
  #36
Dr Gonzo
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Originally Posted by yoyo999 View Post
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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06-23-2013, 11:06 AM
  #37
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Originally Posted by yoyo999 View Post
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
Read his last few posts, champ

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06-23-2013, 12:59 PM
  #38
Habbadasher
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Originally Posted by Oleg Petrov View Post
Thanks to everyone that responded. I have visited with the managers and will most certainly get my plastic surgery, dental work and bike repairs covered, they were more than willing to help and are reviewing their policy on allowing bikes in the lobby.
If they were willing to do all that without you having a lawyer, imagine what you would get if you had one.

Initial consultation is usually free (check first), and they take about 30% of whatever you get, that is if they take your case. Get a lawyer dude!

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06-23-2013, 02:49 PM
  #39
yoyo999
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Read his last few posts, champ
Until that money is in his bank account it's all lip-service. Property managers deal with this stuff all the time. You think he's at home right now worrying about you? No. He's going to come in first thing Monday and he'll wire you the money? no. If he does do all that, then he's awesome and you got a sweet deal. He told you what you wanted to hear in hopes it'll drag out and you'll drop it.

An automatic gate coming down, does not come down at warp speed, nor at a speed to 'decapitate' someone, even if you're just standing there. I can assure you they make sure of that once they install it and the garage door company could not legally sell 'The Decapitator 600' to prospective building owners.

I do believe that you got a cut that required stitches, but they'll say it could have been avoided had you been wearing a helmet and they'll call negligence on your part.

Look, I wasn't there but I'm sorry, I just don't buy it. I'm not saying it's entirely Oleg's fault but this could have been avoided and if you decide to get a lawyer, the insurance company will decide to get a team of better ones. My father did insurance claims on property for years. Getting any money won't be that simple.

As I said, I am glad you are ok and if you do decide to pursue, Good luck

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Old
06-23-2013, 03:14 PM
  #40
Oleg Petrov
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Originally Posted by yoyo999 View Post
Until that money is in his bank account it's all lip-service. Property managers deal with this stuff all the time. You think he's at home right now worrying about you? No. He's going to come in first thing Monday and he'll wire you the money? no. If he does do all that, then he's awesome and you got a sweet deal. He told you what you wanted to hear in hopes it'll drag out and you'll drop it.

An automatic gate coming down, does not come down at warp speed, nor at a speed to 'decapitate' someone, even if you're just standing there. I can assure you they make sure of that once they install it and the garage door company could not legally sell 'The Decapitator 600' to prospective building owners.

I do believe that you got a cut that required stitches, but they'll say it could have been avoided had you been wearing a helmet and they'll call negligence on your part.

Look, I wasn't there but I'm sorry, I just don't buy it. I'm not saying it's entirely Oleg's fault but this could have been avoided and if you decide to get a lawyer, the insurance company will decide to get a team of better ones. My father did insurance claims on property for years. Getting any money won't be that simple.

As I said, I am glad you are ok and if you do decide to pursue, Good luck
A 1,000 pound door does not need to come down at warp speed to seriously injure you. If you were standing under one of these doors and the sensor broke, the door would slowly crush you to death.

Anyhow, as the garage is on an incline I was in a standing position on my bike in order to propel myself up the hill. As such my head was a lot closer to the top of the door then normal, the exact moment when I crossed the plane of the door it descended (bad luck, timing whatever) I could not avoid it.

All that to be said, you could be right and the manager is just giving me lip service and hopefully that's not the case.

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Old
06-23-2013, 03:33 PM
  #41
HarlemsFinest
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Was this garage door straight up falling down on you? Otherwise I don't see how you can't notice and avoid that. I mean garage door inching down results in 18 stitches? Lick your wounds and invest in a helmet because I have a feeling your next assailant could be a parked car.

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Old
06-23-2013, 03:34 PM
  #42
puckeater
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You're a Habs fan! Rub a little dirt on it, get back on your bike, give him the Carbo salute and ride on.

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Old
06-23-2013, 03:38 PM
  #43
Oleg Petrov
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Originally Posted by HarlemsFinest View Post
Was this garage door straight up falling down on you? Otherwise I don't see how you can't notice and avoid that. I mean garage door inching down results in 18 stitches? Lick your wounds and invest in a helmet because I have a feeling your next assailant could be a parked car.
LOL! No kidding.

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