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I am a home renter and faulty garage door pinned to the ground, who's at fault?

Question Details:Landlord was told that the garage door needed to be repaired would not go all the way to the ground. Had been serviced by a technician they hired, who rigged it to work. Was told to take it off of the electronic opener. Came home from work, door wouldn't go all the way up with remote. Told son from inside of the garage to press button door still raised 2 foot off of ground as he was pressing the button Younger son began crawling under the door to go outside older son let go of button, door came down on him, resulted in trip to hospital, door still not fixed. no compensation. Is this right?

Asked 2 years ago under Personal Injury | 740 Views | More Legal Topics

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M.M., Member, New York and Illinois Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You may have a cause of action. There are a number of potentially liable parties in the fact pattern that you've described.  The landlord has an obligation to provide a safe environment in which you and your family may live.  Did the landlord arrange for the repair of the garage door by the service technician?  Certainly in that case the landlord was aware of the problem.  If not, was the landlord otherwise informed of the problem? The service technician and the company that employs the service technician are also potentially liable.  You could also have a claim against the manufacturer of the garage door and the retailer who sold the unit.  An attorney would presumably name all potentially liable parties in the complaint, particularly those with deep pockets.  What was the extent of the injuries to your son which resulted in a trip to the hospital?  Hopefully, the injuries were minor, and your son has recovered completely.  To pursue a claim it will be necessary for you to prove damages, and the sad reality is that it will be harder for you to pursue a claim if the injuries to your son were relatively minor, but then that would be something to be thankful for.

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