Lawsuit Serves as a warning to other landlords about the dangers of poorly installed, neglected gates

No one should have been surprised when a large heavy metal driveway gate fell out of its track and onto Dayane Guerra, knocking the 8-year-old down to the ground. She suffered a cut to her eyebrow that required her to go to the Emergency Room. The incident left Dayane with a traumatic head injury, ongoing anxiety and a scar on her eyebrow.

When Dayane’s parents complained to their landlord about their daughter's injuries, and asked that the long-neglected gate be made safe, the owner, through management, responded with an eviction notice! The notice was intended to intimidate the Mexican family into moving out of their rented house in the middle of the pandemic.

Instead, Dayane’s family took the case to personal injury attorneys Custodio & Dubey, where firm Co-Founder Miguel Custodio, Jr. not only filed a negligence lawsuit but also took to the airwaves, sharing the family’s experience with the investigative reporters of the evening news at Telemundo to warn viewers about illegal eviction tactics and explain how the law requires landlords to keep their property safe and secure for renters.

The defendants “would rather bully the family out of their home” than act responsibly, said Custodio, a fluent Spanish speaker.

“Immigrants have the same rights as everyone else,” added Custodio. “There must be justice for all or there is justice for none.”

Large broken metal gate

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