Simple Facts, Plain Arguments & Common Sense
Cantilever Gate Roller Safety Covers
B. Scott Sparks
As a manufacturer of gate hardware, I write not from a legal standpoint
but rather from a standpoint of just plain common sense. Oh for the days,
when common sense prevailed! Common sense has a pretty good track
record of being right so pay attention.
During the American Revolution in 1776, Thomas Paine wrote and
published a series of pamphlets called “Common Sense” to challenge the
authority of the British government and the royal monarchy. Mr. Paine
wrote "I offer nothing more than simple facts, plain arguments, and common sense . . ."
According to one estimate, over 160,000 copies were published and distributed and Mr.
Paine made nothing.
Common sense says if you intend to stay in the fence business very long you should be
extremely careful to avoid personal injury lawsuits. One of the most preventable accidents
is simply eliminating and/or guarding pinch points. Someone said that it has been
estimated that over 125,000 pinch point injuries occur in the US every year! I wonder how
many additional unreported accidents occur.
A pinch point involves two moving or one moving and one fixed surface. The most frequent
injury is when hands or fingers are caught between pinch points. Common sense says the
less exposure to pinch points the less liability. This means providing and installing proper
guarding and posting warning labels where necessary.
One of the most obvious pinch points is with the traditional chain link gate cantilever
rollers. Every day we drive past sliding cantilever type gates that have rollers without
proper guards. The gate is an accident waiting to happen.
Suppose a group of neighborhood children are walking by and one
decides to “ride the gate” while holding on to the top rail. The
pinch point is unseen until the little fingers get caught between
the roller and the rail. You might say they should not do that and
we all agree but now you are very possibly involved in a time
consuming legal situation. As a professional fence installer, you
should take responsibility that a child never gets injured on your
gate!
Exposed Roller with no Cover
In today’s world with improved gate operators that work at much faster speeds, an
accident can happen very quickly. I recently heard a story from Max Krake at LDI on how a
fence installer reached to the top gate rail to pull himself up at the same time somebody
else was testing the operator. Before he could remove his hand it had been pulled into the
roller that was missing a guard. Accidents happen not only to children but to experienced
professional fence installers as well.
I heard another story of how a fence contractor attempted to sell a large company safety
covers for all of their existing gate rollers. The company did not want to spend the money.
But after an injury to an employee and over $100,000 in workers compensation payments,
they were more than happy to buy guards and have them installed.