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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11778
Experience:  JD, MBA
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Do automatic apartment/ trailer park gates required to have

Customer Question

do automatic apartment/ trailer park gates required to have sensors so the gate avoids hitting a vehicle as it passes thru in california?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Vehicle was strucked by a gate in the City of Redlands, Ca. I was told to call the city to see if that was a regulation, called no answer..
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

No, I'm afraid the legislature has not found the time to regulate automatic park gates. However, such legislation is likely pointless anyway since the current negligence laws would govern the situation. Simply put, if the automatic gate comes down on a car without providing sufficient time for a car to pass through, then the owner of the park would be negligent, and thus would be liable for damage to the car. On the other hand, if sufficient time for a car to pass is provided, and the driver simply fails to use that time to drive through the gate, then the owner of the park would not likely be liable. In that situation, it would be the driver, and not the park owner, who is negligent.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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