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  1. #1
    Join Date
    Sep 2020
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    2

    Default Vehicular Gate Sources

    I am suing my apartment complex for a malfunctioning vehicular gate. I want to be able to give the judge something to “hang his hat on” to win my case. Are there any databases or sources of previous cases that I could provide that show precedent? Any other suggestions to help me win my case?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,866

    Default Re: Vehicular Gate Sources

    What damages do you have from the gate? Why do you think the complex is liable?

  3. #3
    Join Date
    Sep 2020
    Posts
    2

    Default Re: Vehicular Gate Sources

    I was driving through the gate properly, and the gate closed on my vehicle. I am suing for the physical damage to my car, a rental car while my vehicle is being repaired and the loss of value of my vehicle.

    I was exiting the property. No other vehicles or pedestrians around.

  4. #4
    Join Date
    Apr 2019
    Posts
    120

    Default Re: Vehicular Gate Sources

    Quote Quoting JoshFox05
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    I was driving through the gate properly, and the gate closed on my vehicle. I am suing for the physical damage to my car, a rental car while my vehicle is being repaired and the loss of value of my vehicle.

    I was exiting the property. No other vehicles or pedestrians around.
    Why do you think you need "precedent" cases on a straight forward property damage suit? Do you have dash cam footage of this accident? Witnesses?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,243

    Default Re: Vehicular Gate Sources

    Quote Quoting JoshFox05
    View Post
    I was driving through the gate properly, and the gate closed on my vehicle. I am suing for the physical damage to my car, a rental car while my vehicle is being repaired and the loss of value of my vehicle.

    I was exiting the property. No other vehicles or pedestrians around.
    You don't need other cases. You just need a photo of the gate lying across the dent in your car. Did you take photos?

    And why are you suing? Did you report the incident to the apartment management/owner? Make any written notice? Get referred to the apartment's liability insurance company? File a claim? Talk to an adjuster? Get a decision? Was the claim denied? Did you get a letter explaining why?

    Answer those questions and I may have some helpful comments. Or, more questions.

  6. #6
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Vehicular Gate Sources

    Quote Quoting JoshFox05
    View Post
    I am suing my apartment complex for a malfunctioning vehicular gate.
    "Am suing" -- present tense -- as in you have already filed a complaint with the court. Correct?


    Quote Quoting JoshFox05
    View Post
    I want to be able to give the judge something to “hang his hat on” to win my case.
    So...like...evidence? And a valid legal theory of recovery?


    Quote Quoting JoshFox05
    View Post
    Are there any databases or sources of previous cases that I could provide that show precedent?
    Sure. Every state publishes decisions of its state supreme court and courts of appeal in books called case reporters, and those cases can be searched through various search tools including Google Scholar. However, why is it that you think case authority will be at all helpful to you?


    Quote Quoting JoshFox05
    View Post
    Any other suggestions to help me win my case?
    For starters, please identify your state.

    Second, what happened when you contacted your landlord and told him/her/it what happened and requested that the landlord pay for the repairs?

    Third, did you make a claim against your collision insurance coverage? If not, why not?

    Fourth, what makes you think that, once the repairs have been completed, your vehicle will have lost value?

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