A family that makes annual visits to a BC lodge recently had a bad experience after a parking gate damaged their vehicle.
According to a BC Civil Resolution Tribunal dispute posted online, the family had been visiting a lodge run by NLL Management for the past seven years. However, on this particular occasion in 2023, the family entered the garage while the overhead door was open, which came down unexpectedly, hitting their car roof.
They claimed that NLL was liable. While the specifics of the damage weren’t outlined, the family asked the tribunal for $2,929.51 for car repairs. NLL claimed it wasn’t at fault and that the garage door was operating correctly, blaming the family for not pressing the green entry button before entering the garage.
According to the dispute decision, the family regularly visited the lodge to use the fitness centre. The family said that in a seven-year span of weekly visits, the garage operated normally during warm weather but was closed in cold weather.
“They say that when the door is closed, they press the green button on a post 20 feet from the entrance and drive through when the door opens. When the door is already open, they simply drive through. They say there had been no problem with the door before.”
Based on their account of events, on May 19, 2023, the family drove through the open door, which came down unexpectedly and struck the vehicle. They also claim that there was no sign saying you needed to press a green button before driving through the open entrance, which NLL didn’t dispute.
Before the incident, other drivers had come and gone through the entrance by pressing the green button without issue. NLL provided evidence of this to the tribunal. However, the family also had evidence showing that many people entered without pressing the button and without issue. This was enough to sway the tribunal’s decision in the family’s favour.
“In summary, I find that by not posting any signs, NLL was negligent,” the tribunal said.
The BC lodge was ordered to pay the family $3,257.40 within 30 days of the decision, which included $2,929.51 in damages and the rest in tribunal fees.