Iowa woman dies after wind accident "garage door", what do you know about this?

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9/23/2010
Steve Lombardi
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Here again, is a death involving wind and a large garage door.

Q: Iowa woman dies after wind accident "garage door", what do you know about this?

A: Well, I've written about such an incident previously. Several years ago I wrote about a similar incident although I can't recall if it was in Nebraska or Iowa. I believe it had to do with the sliding type of doors on a large farm machinery pole type of building. If I'm recalling the facts there was large gust of wind that knocked the door off its track, the door came lose, falling and killing the woman. The unusually strong gust of wind tends to take this type of case out of the realm of having a product defect, although that's not conclusive. Every case turns on its own set of facts. If it can be shown that maintenance, or should I say a lack of maintenance, created a situation that allowed the door to come off, then a claim could be made against the homeowner responsible for maintenance. One argument in favor of this claim is that of the two doors only one was blown off. Also if the door were previously hit, say by a piece of machinery, and not properly reinstalled or fixed that could also be a reason to create a question of liability and, one that makes the claim more likely to succeed.

Good luck with this one; you'll need an expert witness to establish this claim.

As for wind and personal injury, the two go hand-n-hand. See these articles for additional information. The third article is the one previously covering the woman's death.

Was it the wind that caused this construction site wall to ...

Apr 8, 2010 ... Was wind the cause; or was it improper bracing? We know about wind. Wind across a construction site isn't something to be unexpected. ...
www.lombardilaw.com/.../was-it-the-wind-that-caused-this-construction-site-wall-to-collapse-and-injure-the-worker.cfm - Cached

The Lombardi Law Firm Blog | Lombardi Law Firm

- 2 visits - 11/16/09 Was it the wind that caused this construction site wall to collapse and injure ... We know about wind. Wind across a construction site isn't something to be ...
www.lombardilaw.com/blog/?catid=857 - Cached

Iowa Premise Liability Law: Door swept by wind strikes woman in ...

May 28, 2009 ... Today we have a report of a 61-year-old woman dying from being struck by a wind-swept door. Seems the woman in rural Alton was struck by the ...
www.lombardilaw.com/.../iowa-premise-liability-law-door-swept-by-wind-strikes-woman-in-head-killing-her.cfm - Cached

Category: Injury - Property Defect-Animals

Labels: analysis attorney Commentary death defect injury iowa legal property

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