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View Full Version : Am I being a Whiner?



CalamariKid
October 4th, 2004, 04:27 PM
Last week as I was exiting the garage where I work the gate (lifting arm style) came down on me and damaged my helmet. I requested that the property management company reimburse me for the helmet, which they have refused citing the "park at your own risk" policy. I am planning on pursing it further, but really don't have much leverage.

So, my question to you is: Do you think I am being a wuss by expecting them to take responsibility for the damage, or are they shirking their responsibility.

Oskar_Z28
October 4th, 2004, 04:47 PM
I came at night with a hacksaw and cut a piece of the arm off. Now I drive around it.

Paul Sonderfan
October 4th, 2004, 04:48 PM
It won't let me check BOTH boxes! tongue.gif

AaronEustace
October 4th, 2004, 04:57 PM
Originally posted by Paul Sonderfan:
It won't let me check BOTH boxes! tongue.gif Just vote 2 or 3 times like you plan to in November :D .

Brian Montgomery
October 4th, 2004, 05:43 PM
I got a battery operated sawsall...should cut like butta... but remember, you got to get a tshirt that says "Person wearing this tshirt is not legally responsible for ****!" And do anything you please from now on.

But all joking aside, you should be more cautious of things. No one else is going to look after you. It is an unfortunant thing that happened and I give you that. That would be simular to sueing the HPD for not patrolling the streets and looking out for my truck the night it was broken in to. My argument could be aren't they supposed to protect and serve?

The Big Spank Daddy
October 4th, 2004, 05:47 PM
Correct-e-mundo, it says, "Park at your own risk". You weren't parked and it did not happen when you were parked. It was clearly a defect in their equipment and no fault of yours.

Hey, looks like your walking funny. Sure you do not have some type of neck damage there charles?

Schreck
October 4th, 2004, 06:38 PM
Good thing you put the helmet on before you left...Lucky the **** thing didn't wack you off the bike....That would be a chapter or tu! tongue.gif

rtbain
October 5th, 2004, 06:32 AM
Originally posted by Paul Sonderfan:
It won't let me check BOTH boxes! tongue.gif I checked both boxes. I agree with Chris. You were not parked when the malfunction occurred. I have found that writing a nice letter to the owner of the lot often gets a reasonable answer.

Something along the lines of “Your malfunctioning gate cause my helmet to be slightly damaged. If this had happened to a helmet less rider or the drive of a tall vehicle this could have caused serious damage. I suggest repairing this device under your control before something serious occurs. The booths on the toll way have changed their barriers to nerf bars (foam) to prevent this sort of problem.

My helmet sustained minor damage. It will only cost $345.00 to repair. It is my hope that you will pay such damages before we proceed to the next step.

Sincerely,

Paul Sonderfan
October 5th, 2004, 06:57 AM
Originally posted by Randy Bain:
</font><blockquote>quote:</font><hr />Originally posted by Paul Sonderfan:
It won't let me check BOTH boxes! tongue.gif I checked both boxes. I agree with Chris. You were not parked when the malfunction occurred. I have found that writing a nice letter to the owner of the lot often gets a reasonable answer.

Something along the lines of “Your malfunctioning gate cause my helmet to be slightly damaged. If this had happened to a helmet less rider or the drive of a tall vehicle this could have caused serious damage. I suggest repairing this device under your control before something serious occurs. The booths on the toll way have changed their barriers to nerf bars (foam) to prevent this sort of problem.

My helmet sustained minor damage. It will only cost $345.00 to repair. It is my hope that you will pay such damages before we proceed to the next step.

Sincerely, </font>[/QUOTE]You might also mention that your neck is starting to stiffen up and you would like to resolve this before it gets MUCH MUCH worse.
:rolleyes:

CalamariKid
October 5th, 2004, 08:18 AM
Thanks for all the input. Based on the poll, I will be selling my bike today and visting the Vespa dealer, Kleenex in hand. :D

Seriously, as I was leaving the lot last night I noticed a sticker that said, in effect, beware of the arm knocking the crap out of you, automobiles only, no bicycles, pedestrians or motorcycles. Yes, I am sure the sticker has been there a while. So, once again I have been reminded that on a motorcycle you have to constantly be aware of your surroundings and threats and take responsibility for your own safety.

tmtaz21
October 5th, 2004, 08:26 AM
Originally posted by Charles Nevle:
Thanks for all the input. Based on the poll, I will be selling my bike today and visting the Vespa dealer, Kleenex in hand. :D

Seriously, as I was leaving the lot last night I noticed a sticker that said, in effect, beware of the arm knocking the crap out of you, automobiles only, no bicycles, pedestrians or motorcycles. Yes, I am sure the sticker has been there a while. So, once again I have been reminded that on a motorcycle you have to constantly be aware of your surroundings and threats and take responsibility for your own safety. Looks like you might have a discrimination suit :D . You might want to contact Jesse Jackson, Al Sharpton, or the ACLU to see if they would be willing to take up your cause :D tongue.gif :D

Oskar_Z28
October 5th, 2004, 09:39 AM
According to my neighbor, the ACLU is the Devil. He has it posted on a sign right outside his house. I don't know how Reverand Jessie Jackson and Al Sharpton fit in.

cclemmer
October 5th, 2004, 10:26 AM
Charles ... the sticker on the gate is pretty standard. Most say not to enter unless you're in an auto, but then most companies around here also put their designated motorcycle parking inside the same garage protected by those very same gates, so that disclaimer doesn't hold much weight. I'd do like Randy suggested ... write 'em a letter, letting them know about the gate and damage to you. I wouldn't start off threatening law suits or anything, but be nice and see where that gets you. You can always get ugly about it later.

FWIW, I wouldn't call it being a wuss for going after them. If the gates weren't there, or were operated manually, you wouldn't have had this problem. They elected to install automatic gates, and this is a side effect.

Just my $0.02 worth.

VFRacer-R
October 5th, 2004, 01:15 PM
Originally posted by Oskar_Z28:
According to my neighbor, the ACLU is the Devil. He has it posted on a sign right outside his house. I don't know how Reverand Jessie Jackson and Al Sharpton fit in. I've known Troy since grade school- I can tell you from experirience that he is being sarcastic. Troy is not the poster boy for ACLU or any other liberal organization.
As for the Reverend Jesse Jackson and Al Sharpton, I think the refference was made to them out of jest- emphasizing their affinity for the camera! Anything to get on TV!