Again not legal advice.
Occupiers with auto garage doors ( like many condo corporations ) might be wise to check out a (
non-condo ) occupier liability litigation by an injured Guelph motorcyclist.
Dependent on lots of site factors, would a
DOOR OPEN duration set at
only 10.2 or 10.3 seconds be too short to be safe for users ? Just try timing 10.2 seconds yourself.
How slow are most motorcylists ( like the plaintiff ), whose counsel argues that the approximately
15 second FULL door cycle was so brief in 2014 that injury is /was foreseeable ? Management chose ( at installation 4 years earlier ) to have it shortened from a default of 35 seconds.
Along with interesting discussions of Ontario's Occupier Liability legislation since the notorious
Rankins Garage epic ( juvenile car thief injured 50 Km offsite
https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18867&catid=9#18867 ) , this offers food for thought about possible trade-offs between garage security & garage door injury claims.
At year five and a half since the 2014 injury the litigation only reached early rounds in Ontario Superior Court.
Included are cross-claims between management, garage maintainers and separate door repairers, none reportedly who ever raised an alert ( that's if - IF - one actually should have been raised at all ).
Likely more to come . . .
Nadeau v. CBRE Ltd et al 2020 ONSC 1150 issued Feb 24/20
http://canlii.ca/t/j5hw0
Nadeau v. Haws, 2020 ONSC 4826 issued Aug 11/20
http://canlii.ca/t/j946m* *
and some general reading not including this claim : March 5/20 A Loeb LLB (Shibley Righton LLP.)
“Resident vehicle damages: Are you liable ? A case for due diligence” https://www.reminetwork.com/articles/resident-vehicle-damages/