Doors can be dangerous – which is why those in control of a premises must take all reasonable steps to ensure that a door doesn’t injure anyone. Most doors of course won’t – but the owner of a public venue like a shop or a bar, as well as your employer in your place of work, has a duty to ensure you’re not injured.
So when can you make a claim for personal injury compensation for an door accident?
Defective Doors
If the door is defective, you may have a claim. Here are some examples:
- Broken door mechanisms causing doors to slam shut and injure you
- Broken handle claims – whether it’s a cut or a general hand or arm injury from a defective handle
- Doors falling off and hitting you
- Broken glass on doors causing an accident
Winning a claim for a broken door can often come down to what knowledge the person in control had of the defect. If they knew about it and failed to act on it, or if the door was in general disrepair, they can be liable.
In a public place we have The Occupiers Liability Act, and in the workplace we have The Workplace (Health, Safety and Welfare) Regulations which actually has a section specifically for doors.
If this has happened in a rented property and your landlord or agent is aware of the danger and has failed to act accordingly, you may be able to claim from them.
Badly Secured Doors
An insurer can use the old “act of God / nature” line as a defence, but it is all dependent on the circumstances. I know of claims were wind has violently moved a door which should have been secured better. If a door is liable to rapidly shut, and it isn’t secured properly, there may be an argument of negligence depending on how the accident happened.
If an employee of the Defendant failed to secure it properly, there could be a claim to answer for.
Being hit by a door opened by someone – can I claim?
This is an unusual one when it comes to people making a claim because it can be a very hard one to win. If someone opens a door and hits you, I suppose they may be at fault – but do you sue them? Suing someone personally can be very hard and the circumstances don’t automatically place them at fault.
However, if a person opens a door quickly or violently, you could sue their employer if they are acting in the course of their employment. An employer of a negligent employee can be ‘vicariously liable’ for their negligence, so you can make a claim from a company who should be insured for such eventualities.
If you are hit by a colleague in these circumstances then you can sue your own employer under the same rule. Your employer should be insured for these things and you are legally entitled to claim and you have the protection in law to claim as well.
Need advice? Call our free claims helpline on 0800 634 75 75 today.
