Garage doors make life more convenient, but the equipment can become a serious safety hazard if it is installed improperly, if repair work is delayed and if it is not inspected routinely. A wrongful death attorney in Waldorf, MD represents clients after the worst-case scenario happens and a family member is killed by malfunctioning garage door equipment.
Considerations for the Plaintiffs
This wrongful death attorney in Waldorf, MD must be able to prove that the incident was not the fault of the person who was killed. If this was a homeowner who did not have any maintenance done on the equipment or did not have a problem repaired, this will probably not qualify for a lawsuit, a court award or negotiation for an insurance settlement.
Examples of Qualifying Incidents
However, the family of a visitor to the property who was fatally injured by the equipment can file suit against the property owner. In addition, a person renting an apartment or house with a garage has the right to expect the premises to be safe. This type of property owner responsibility is legally known as duty of care. The owner of the property is liable if a serious accident is caused by malfunctioning equipment. But a landlord may dispute the liability if it can be shown that the tenant knew about the problem and never informed the property owner or property manager.
A family can also file suit against the installation contractor if investigators determine that the labor was careless or faulty. Less often, the problem turns out to be a defect in the equipment from the manufacturer. In that situation, the case would be a wrongful death suit in the realm of product liability.
Garage doors that are properly installed and maintained should never close or fall on a person. The heavy springs should never break and cause serious harm to someone in the building. A family that has lost a loved one because of negligence on the part of another property owner, contractor or manufacturer may contact an organization such as the Law Office of Danny R. Seidman for legal representation.