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-   -   Garage door damage liabilty - who is liable? (https://www.askmehelpdesk.com/showthread.php?t=166146)

  • Dec 27, 2007, 10:40 AM
    annhayward
    Garage door damage liabilty - who is liable?
    Individuals who may have been working for a contractor in my high rise condo building gained access to the garage through my opening the door to let in my own contractors.
    When I realized that they were the wrong people I asked them to leave. They refused repeatedly and a verbal disagreement ensued. I called our front desk repeatedly to ask for assistance from the building's general manager and the front desk... This took some time, and as a result, in fear, I placed a cone under the garage door opening in order to manage my escape from the garage if necessary.
    The garage door came down, touched the cone, went back up and broke. The building wants me to assume total liability for the repairs.
    Is this correct in Virginia?
    It was an automatic door... Should it not have gone back up on its own properly? If it had been a child, there could have been substantial physical harm to the child...
    Can I file against the subcontractors for unlawful entry?
  • Jan 18, 2008, 11:04 AM
    this8384
    I get the feeling this isn't the full story. What exactly broke on the door? Was it something mechanical or the door itself? Who tried to close the door in the first place when there was something underneath it? What were you so afraid of that you put a cone underneath the garage door? You're asking for an answer without explaining the situation.

    If it's an automatic door, there should have been a sensor that would have seen something was in the path of the door, thereby preventing it from closing in the first place. Did someone force the door? If they forced it and caused damage, then that party would be liable for the repair.

    No, you cannot sue them for unlawful entry because you let them in. There's nothing unlawful about walking through a door when someone opens it for you.

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