Who Is to
Blame When a Gate Closes Prematurely Causing Damage?
In order to attribute blame one needs to understand the
causes. Automated gates are a convenient and secure solution for
residential estates and complexes. Yet, when a gate closes prematurely and
collides with a vehicle or trailer, the question of liability becomes
contentious. To determine who is responsible, one must first consider the
possible causes.
Common Causes of Gates Closing Prematurely
- Timer
Settings Too Short
Most automated gates are fitted with an auto-close timer. If the timer is set too tightly, the gate may close before a vehicle or trailer has fully cleared the entrance. - No
Safety Beams Installed
Without safety beams, the system relies solely on the timer. This means the gate may close regardless of whether a vehicle is still in the path. - Improperly
Positioned Beams
- Beams
set too low may only detect wheels, missing higher sections of a vehicle.
Conversely, beams set too high may completely miss a flatbed trailer or
one with low sides.
- Open-frame
trailers (boat trailers, caravans, utility trailers) often allow the beam
to pass straight through, giving a false clear reading.
- The
natural gap between a vehicle and its trailer can also trick the beam
into “thinking” the passage is clear, triggering premature closure.
- Driver
Negligence
Sometimes the fault lies with the user. Examples include: - Tailgating
another vehicle through the gate.
- Ignoring
posted warnings or signage.
- Stopping
too close to the gate, within its swing or sliding path.
- Stopping
directly in the pathway of the gate.
When Are HOAs and Body Corporates Liable?
Under the Sectional Titles Schemes Management Act (STSMA)
and prescribed management rules, trustees and managing agents have a legal duty
to ensure that common property remains safe and properly maintained. Liability
typically falls on the HOA or body corporate when:
- The
gate system is defective or poorly maintained.
- Safety
beams are missing or incorrectly installed. Note: there is no legal
requirement mandating safety beams, and it may not always be possible to
set them at a height that caters for every scenario.
- Timers
are not set to allow adequate clearance. Generally, timers are set for
passenger vehicles, not for longer vehicles such as trucks and trailers.
- No
warnings or signage are displayed to alert residents and visitors of
potential risks.
In such cases, residents may argue that the scheme failed to
take reasonable precautions.
When Is the Driver at Fault?
Drivers may be held responsible if:
- They
ignore signage and proceed carelessly.
- They
tailgate another vehicle to avoid waiting for the gate cycle.
- They
park or stop too close to the gate, leaving no margin for safe movement.
- They
stop in the direct pathway of the gate.
- Their
negligence results in damage to the gate itself.
In these instances, the HOA or body corporate could
justifiably claim repair costs from the driver, since the damage stems from
misconduct rather than system failure.
How Can Incidents Be Prevented?
The best way to avoid disputes and damage is through a
combination of technology, signage, and awareness:
- Install
dual-height or staggered beams to detect both vehicles and trailers. Note:
this is not a 100% guarantee, as trailers vary in shape and size.
- Schedule
regular maintenance to ensure timers, motors, and safety devices
remain in proper working condition.
- Place
clear signage on both entry and exit sides of the gate, including:
- Warnings
about premature closing risks.
- Instructions
not to stop within half a meter of the gate.
- Guidance
on precautionary measures when towing trailers or driving
longer-than-normal vehicles (such as trucks). In these cases, a practical
solution is to have someone block the safety beam during passage or to
place the gate in manual mode until the vehicle has cleared.
- Educate
residents through notices and newsletters on safe gate use,
particularly when towing trailers or caravans.
- Enforce
rules against repeat offenders who ignore signage and cause damage.
- Install
CCTV cameras, not only as a security measure but also as a valuable
safety tool for reviewing incidents and confirming liability in
gate-related accidents.
Conclusion
Attributing blame in gate-related incidents depends on the
facts. If the system is defective, liability rests with the HOA or body
corporate. If a driver ignores warnings or acts negligently, they may be held
responsible.
Ultimately, these incidents are preventable. With the right
combination of proper gate configuration, visible signage, and responsible
driving, HOAs and body corporates can protect both residents and their
assets — while reducing costly disputes.
About Us
At Prestige Access & Security Solutions, we
specialise in CCTV, access control, automated gates, intercoms, alarms, and
electric fencing. We work closely with homeowners’ associations (HOAs),
body corporates, and residential estates to keep communities safe and secure.
Our services extend throughout Cape Town and surrounding areas, where we
regularly assist schemes facing challenges with gate safety, maintenance, and
liability.
Disclaimer
This article is provided by Prestige Access &
Security Solutions for informational purposes only. It is not intended
as legal advice. HOAs, body corporates, and residents should consult qualified
legal and insurance professionals before taking action on liability or claims.
Contact Us
📧 Email:
sales@prestige-security.co.za
📞
Phone: 072 902 1817
🌐
Website: www.prestige-security.co.za