What to d o if I’mrenting a house and went to close the garage door and the car was actually in the way so the door did not retract, buckled and broke away from the arm?

Isn’t the garage door supposed to automatically retract? The landlord says it’s my fault and wants me to pay for a new door. I believe there is a faulty switch or something and the door should have retracted and its his fault.

Asked on November 7, 2012 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not it would have been bettter for the door to have the kind of a switch--and not all do, I believe--the fact is, you admit that you were careless: you write that the "car was actually in the way." Clearly, you should not have tried to close the door if the car was in the way; your negligence, or unreasonable carelessness, means that you are liable for the cost of repairing or replacing the door. (Look at it this way: whether or not a door has a safety switch, you should *never* try to close a garage door on a car.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.