Garage Door. Saturday , December 09th , 2017 - 06:05:25 AM
I have been involved in numerous garage door lawsuits where many different reasons for an injury have occurred. Having been retained as expert witness for both plaintiff and defense, several common factors have been observed. In many cases, unqualified individuals have attempted to repair or install garage doors. They have lacked the knowledge, skills or even the basic required tools to perform the work safely and properly. I have been hired as an expert by garage door manufacturers and installers to defend claims that they are not responsible for alleged product defects. In most cases, the components that failed, failed as a result of abuse or improper installation on the part of the end user. As stated above, the installation of many garage doors is not appropriate for an untrained person. An exception to this relates to "do it yourself" garage door kits that are sold at local home centers. A homeowner could install the door because these kits do not come with a professional quality package of hardware that should or would require special knowledge for the installation. These kits do not typically employ torsion springs that would require special knowledge, proper tools, and working skills to install. The doors are typically for light duty use. Professional installation services are often available through a home center to assist a homeowner in need of a specialized installation. As with most trade specific tasks, years of experience working as a professional installer qualifies tradesmen for their contracting license. The average homeowner watching a few television shows that give rough explanations of how to install garage doors is not usually qualified to install his or her own door. These "how to" television shows are no substitute for the many skills acquired after working in the field.
As automobiles were invented and came into consumer market, there became a need to safely store them. At the time, outbuildings were a type of unattached garages that kept the horse and buggy. The original outbuilding held the transportation and all transportation related tools. So, consumers naturally begin storing automobiles right next to their horse and buggy in the same outbuilding. High society was the main consumers in the early 1900's and they didn't appreciate their shiny new car smelling like horse manure. A new solution was necessary to keep them happy.
Garage doors can be operated manually (by hand), as well as automatically (by power assisted motor). In both cases, the proper operation of the garage door is determined by the proper balancing of the garage door weight, springs and related component hardware. An automatic power assisted motor cannot overcome an improperly balanced garage door. The weight of all garage doors is normally deceptive. Due to the fact that a properly functioning door appears easy to open and close, many users do not realize the combined overall weight until springs fail to assist the door in its operation. In all cases, regardless of the type of garage door, the entire system of hinges, track, hardware, and door opener work as a team. Problems with misalignment, shifting, or jamming can lead to problematic operation of a door. Counter forces imparted to a garage door, not engineered into the components, can lead to injury. Inappropriate maintenance or complete lack of maintenance has lead to severe bodily injuries. Forcing the operation of a garage door, when one or more components have become damaged or broken has lead to serious bodily injuries. In all cases, maintenance is a crucial and important aspect of proper operation of all door systems.
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