Garage Door Accident Injury Lawyer in Las Vegas

Understanding Garage Door Accident Risks in Las Vegas

Las Vegas, known for its bustling city life and growing population, especially noted an influx of residents during the COVID-19 pandemic as many people moved to Nevada. Unlike many urban areas that are dominated by apartment complexes, Las Vegas predominantly features single-family homes. With the unique setup of these homes comes a less-discussed risk: garage door accidents. While it might not be the first hazard that comes to mind, the reality is that garage door mishaps are among the most common domestic accidents.

The Mechanics Behind Garage Door Injuries

Garage doors are large, heavy, and often operated by complex mechanisms. When these mechanisms fail—often without warning—the consequences can be severe. It’s surprising for many to learn that garage doors are responsible for approximately 20,000 injuries annually across the United States. These accidents typically occur suddenly, leaving homeowners with little to no warning signs that something was amiss with their garage door.

Q&A: What Should You Do If Injured by a Garage Door?

Q: What are the common causes of garage door accidents?
A: Most garage door accidents stem from failures in the door’s mechanical components, such as broken springs or malfunctioning automatic openers.

Q: Who can be held liable in a garage door accident?
A: Liability may fall on various parties, including the manufacturer of the garage door or opener, the company responsible for installing or maintaining the door, or even property owners if lack of maintenance is proven.

How do garage door accidents occur in Las Vegas?

• The garage door window falls, and shards of glass can injure the victim. This could lead to amputations, scarring and disfigurement. These injuries may need treatment by a plastic surgeon, and the victim may suffer emotional distress from the scarring.
• Getting stuck under a garage door. One of the most common instances occurs when the garage door opener sensor does not properly work, and someone is caught between the door and the floor. This could result in severe injuries, such as broken bones.
• A garage door may not stay on its track, and may close abruptly. 
• When a garage door abruptly closes, your hands or fingers could get caught in the door, and could crush your hand, which could lead to permanent injuries, even amputations.

What type of lawsuit could I file for my garage door accident injuries in Las Vegas?

There are different types of claims that you could file if you have been injured from a garage door. This includes:

• Premises liability claims: premises liability is a legal claim filed against a property owner or a manager. In this case, the victim could file a lawsuit against this party for failing to maintain the garage door on their property. The most common example includes a landlord and tenant lawsuit. If a tenant is injured from a garage door on the landlord’s property, they could potentially hold the landlord responsible.
• Product liability: this type of claim is filed specifically for defects. If the garage door opener had a defect at the time of the accident, then the injured parties could recover from the product retailer and product manufacturer. 

Can a Garage Door Cause Death?

Understanding the Risks of Garage Door Accidents

Garage doors, while essential for home security and convenience, can pose significant safety risks under certain conditions. There are instances where garage door accidents have led to severe injuries and, tragically, fatalities. The sheer weight of a garage door can cause crushing injuries that may be fatal, especially in vulnerable individuals such as young children.

Children are particularly at risk due to their curiosity and the attractivenature of the garage door as a plaything. They might play underneath a partially open garage door or tamper with the control switches, which increases the risk of accidents. Such scenarios can unfortunately lead to severe injuries or even death if a child becomes trapped between the garage door and the floor.

Legal Recourse for Families: Filing a Wrongful Death Claim

In the unfortunate event of a death due to a garage door accident, the bereaved family may have the legal right to file a wrongful death claim. This type of claim allows family members to seek compensation for their loss, covering expenses related to funeral and burial costs, as well as other damages. Filing such a claim also serves to highlight the importance of safety features and proper maintenance on garage doors to prevent future tragedies.

FAQ: What Should You Do If a Garage Door Accident Occurs?

Q: What immediate steps should be taken if someone is injured by a garage door? A: Ensure the injured person receives medical attention immediately. Disconnect the garage door from its power source to prevent further accidents, and document the scene if possible for future claims or investigations.

Understanding Liability in Garage Door Accidents

In some instances, the individual injured in a garage door accident might be partially responsible for the incident. This doesn’t automatically prevent them from pursuing legal action. Nevada’s comparative negligence laws allow for the possibility of recovery even if the injured party is partly at fault.

How Nevada’s Comparative Negligence Law Applies

Nevada operates under a system known as comparative negligence. This means that if you are injured but have contributed to your own injuries, you can still file a lawsuit to seek compensation. The amount of compensation you receive, however, may be reduced in proportion to your degree of fault.

Scenario: Fault and Compensation

For instance, consider a situation where you installed a garage door negligently. Later, an accident occurs not merely due to your installation but also because of a defect in the garage door itself. In such a case, you might still be eligible to seek compensation from the product manufacturer or retailer responsible for the defective product.

Why Legal Assistance is Crucial

Addressing such matters typically requires the expertise of a qualified attorney. If you’re in Las Vegas and find yourself in a situation where your actions may have contributed to a garage door accident, it’s advisable to consult with local legal professionals. They can help assess your negligence and explore how it could potentially affect the compensation you might recover.

How to Prevent Garage Door Injuries in Las Vegas

Garage doors are essential but can also be hazardous if not properly maintained or used. Ensuring your garage door is safe is crucial, especially in bustling areas like Las Vegas. Below, we explore various preventive measures to safeguard against garage door injuries.

Regular Maintenance is Key

To minimize the risk of accidents, regular maintenance of your garage door is essential. It’s advisable to engage a professional garage door maintenance company to perform routine checks and repairs. This ensures that any potential hazards are identified and rectified promptly. For more detailed maintenance tips, articles from local news outlets like KTNV-TV or KRNV NBC Reno can provide region-specific advice and service recommendations.

Keep Children Safe

Children should be taught to stay clear of garage doors. The area near a garage door is not a play zone. By keeping children informed about the dangers, you can prevent accidental injuries.

Safety Features Are Critical

Modern garage doors are equipped with safety features like automatic reverse mechanisms that activate when a person or object is detected in the door’s path. Ensure these features are functional and tested regularly. Regular checks of the red light sensors—recommended monthly—can further enhance safety.

Professional Installation and Repairs

If you are unfamiliar with how garage door systems work, it’s wise to avoid DIY installations or repairs. Improper handling can lead to serious injuries. Instead, opt for professional installation and repair services to ensure your garage door is set up safely and correctly.

Stay Alert to Signs of Trouble

Be attentive to any unusual noises such as creaking or grinding from the garage door. These sounds can be early warnings of potential failures. If you notice these, it’s time to call a professional inspector to assess and address the issue.

Frequently Asked Questions

Q: How often should I have my garage door checked by a professional? A: It’s recommended to have your garage door checked at least once a year by a professional. However, frequent use or extreme weather conditions might necessitate more regular checks.

Q: What should I do if my garage door’s automatic reverse feature isn’t working? A: If the automatic reverse feature of your garage door fails, cease using the door and contact a professional immediately. Continuing to use the door without this safety feature can be dangerous.

What Compensation Can You Receive After a Garage Door Accident?

After experiencing an accident involving a garage door, you may be entitled to various forms of compensation. This can cover a range of expenses and impacts on your life caused by the incident.

Medical Expenses

One of the primary types of compensation you can claim includes medical expenses. This not only covers your initial medical treatments such as hospital stays and medication but also compensates for ongoing physical therapy and any future medical costs associated with your injury.

Lost Income

If your injuries have caused you to miss work, you might be eligible for compensation for past lost income. Additionally, if your injuries are severe enough to impact your ability to work in the future, you may also claim future lost income.

Pain, Suffering, and Emotional Distress

Compensation for pain and suffering is also common in such cases, acknowledging the physical pain and discomfort endured. Moreover, emotional distress compensation recognizes the psychological impact of your injuries, which could include anxiety, depression, or PTSD.

Frequently Asked Questions (FAQs)

Q: What type of medical treatments are covered under compensation for garage door accidents?
A: Compensation typically covers all necessary medical treatments related to your accident, including emergency treatments, surgeries, medications, and rehabilitative therapies.

Q: Can I claim compensation if the accident affects my ability to work long-term?
A: Yes, if the injuries you sustained in a garage door accident have long-term effects on your capability to work, you can claim compensation for future lost earnings.

Q: How is pain and suffering quantified for compensation purposes?
A: Pain and suffering are evaluated based on the severity of your injuries, the duration of your recovery, and how the injuries have impacted your daily life and emotional well-being.

Who is responsible for a garage door accident in Las vegas? 

• Homeowner 
• Contractor 
• Property manager 
• Third party garage door inspector 
• Garage door retailer 
• Garage door manufacturer

How do I prove an accident against a garage door maintenance company?

If you are filing a lawsuit against a garage door maintenance company, you must have to show that: 

• The party who installed or maintained the garage door had a duty to make sure that they acted safely, and to prevent any future accidents. 
• The party installing or maintaining the garage door failed to take the necessary safety measures, and carelessly installed the garage door.
• Since the party failed to take the necessary safety measures, they have now caused an accident.
• The victim now has sustained severe injuries as a result of the garage door accident. 

Garage Door Injury Attorney 

Have you been injured in a garage door accident in Las Vegas? Call our highly-qualified lawyers today for a free case evaluation. We work tirelessly to make sure that those injured from a garage door accident get the compensation they deserve. A home is supposed to make you feel safe, and it could be a very traumatic experience to be injured at home. Not only are you able to recover compensation for your physical injuries, but you could also recover compensation for the emotional distress that you have suffered. Give us a call today to discuss your case.