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#1 02-02-2023 14:55:10
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Automatic Entry Gates - Personal Injury & Damage Claims
What should a property owner know and require when looking for a gate service provider?
Prior to entering into an agreement with a gate service provider, several issues need to be verified to protect the property owners and the end users of the gate.
· As a gate company, does the potential service provider have the needed expertise and ability to determine the overall existing condition of the gate system?
· Is the potential service provider a fence installer that can offer automatic gate service, or a professional automatic gate installer that also provides fencing?
· Does the service provider have qualified personnel that will be able to make repairs and determine that the gate meets all required safety standards at each service?
· Does the service provider work in close proximity to the general area specific to the subject property so that references can be verified as to quality of service, response time, and overall reliability?
· Does the service provider have appropriate liability and workmen's compensation insurance coverage? Can, or will, the company offer complete indemnification to a property owner or organization if an accident resulting from the gate that is being serviced occurs?
· What type of maintenance is needed?
· What service intervals will be instituted?
· What condition and standards will the gates be maintained to?
· Is every component of the gate system evaluated at every service? If multiple gates are on the property, will all gates be inspected at the time of the service call?
· Will the service technician provide thorough documentation of all service work and recommendations?
· What is the cost associated with every part of the contract?
· Are emergency calls included at a regular rate or is there an increased price?
· How long should the response time be for a needed repair, including the availability of replacement equipment?
· Does the service provider maintain components in-stock relevant to the gate system of the subject location?
· Are any supplemental services required by any other outside source that the gate service provider cannot offer?
In general, any gate contractor that offers an ongoing maintenance program as the sole service provider becomes responsible for many aspects of the gate system. If an organization or owner relies upon that sole service provider, follows all suggestions made by the sole service provider, and agrees to pay for all needed upgrades and repairs, that service provider is considered the responsible entity for gate performance. In the event of an incident that leads to personal injury, wrongful death, or property damage, the owner of the property will probably be held responsible. However, the insurance policy certificate with a designated service provider should include indemnification and ultimate responsibility for the occurrence as part of the relationship agreement between the two parties.
Normally functioning gate equipment causes personal injuries due to improper professional conduct:
In several prior cases, workers in proximity to a swinging or sliding gate operator have become entangled and crushed by the motor controller and the action of the attached motive arm or drive chain mechanisms. In at least three prior cases, gardeners, attempting to trim plants near the gate motor controller were crushed or injured when a remote control device activated the gate motor while they were standing within the path of travel of the gate arm. All three cases occurred within direct visual sight of the motor controller power switch.
In another trade related accident, a plumber was attempting to access sprinkler pipes when he was struck by a moving gate that had been activated remotely from the adjacent residence. The homeowner failed to disable the gate operator, and forgot that the plumber was working within the path of travel of the Garage Door Service Florida.
An electrician that had previously installed the power to the motor controller failed to provide an emergency local disconnect switch at the time that he hooked up the motor controller. This lack of electrical code compliance actually cost him his right arm. Several years later, the Lift Master Gate Repair Florida began moving as he was working near the gate controller. He was knocked off of his ladder as he was attempting to service a lamp fixture mounted on one of the masonry columns where the gate was hinged. The electrician became tangled in his ladder, and the force of the swinging gate crushed his arm as the ladder fell with him into the operator mechanism.
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