I dont think that will ever be an issue, unless as BCB said, you really have it jackknifed. Ive had the step and pole on all three Cats Ive owned, never had an issue with the tailgate hitting it. BCB has come up with many, many innovations for boats and trailers, but as Brewcat said, the step and pole has to be one of the best innovations ever put on a boat/trailer! It has saved my rear end so many times!