Property owners or occupiers are responsible for maintaining safe conditions on their premises for visitors, guests, children, and pets. Premises liability laws hold property owners in Orange County and California accountable and liable for injuries or damages that occur on their property due to negligence, dangerous conditions, and hazardous operation of garage doors and openers.
Maintaining a garage door to avoid liability involves taking proactive steps to identify and address potential hazards or dangerous conditions that could cause harm to visitors. Here are essential practices for property owners or occupiers to reduce the risk of liability due to improper garage door operation.
1. Testing of Safety Devices
While modern garage doors must comply with strict safety standards and include multiple safety features, they can still pose entrapment hazards. Testing garage door safety devices and sensors ensures the door reverses when encountering an obstruction in its path, preventing accidents or injuries.
2. Compliance with Building Codes and Regulations
Stay informed about building codes, zoning ordinances, and safety regulations relevant to your property and garage doors. Ensure compliance to minimize liability, including replacing garage door openers manufactured before 1993, which may lack necessary safety devices, and ensuring that garage doors have backup batteries.
3. Security Measures
Implement appropriate security measures to deter criminal activity, including installing sufficient lighting and secure locks. Promptly address any known security vulnerabilities in the garage doors.
4. Regular Inspections
Inspect the property’s garage doors to identify any hazards or dangerous conditions. This includes testing the garage door balance and checking the springs, door cables, rollers, tracks, and door sections for wear and tear, breakage, and other potential risks.
5. Maintenance and Repairs
Routinely maintain garage doors, openers, and springs to ensure they operate safely. Promptly address any malfunctions or breakdowns with timely repairs. Maintenance and tune-up service from a licensed garage door repair company can help mitigate the risks and ensure that garage doors and openers comply with industry safety regulations and manufacturer’s recommendations.
Between March 1982 and November 1996, according to the U.S. Consumer Product Safety Commission, 85 children under 15 died, and 94 were injured due to accidents involving overhead garage doors and garage door openers. Although safety measures have improved over the years, regularly maintaining garage doors every 6 to 12 months can help reduce liability and prevent potential injuries on your property.
Property owners could be held liable if they fail to maintain safe conditions or warn visitors of known hazards. Common scenarios where liability may arise include slips, falls, inadequate security, injuries caused by defective conditions, and malfunctioning garage doors. Failure to maintain the property and garage doors in good condition could result in legal consequences for premises liability.
