Not surprisingly, door injuries in public places are commonplace, often involving children who don’t understand the hazards a door can present.
Injuries from doors can be traumatic and include crush injuries, fractures, amputations and nailbed lacerations. They often occur in schools, nurseries and commercial spaces and crowded places (think of Christmas shopping as an example).
Examples of door injuries which could open the door a personal injury claim
- A faulty door closer unit which causes the door to slam shut or close too fast
- Glass doors which break as they do not contain safety glass
- Automatic doors which malfunction and close unexpectedly on a person
- A tripping hazard left by a door, such as a box or a doormat that is damaged and hasn’t been replaced or moved.
- Being struck by a door which falls from its hinges or mountings
- Cuts and general hand/arm injuries from broken or defective handles
Liability: not an open & shut case
The ‘occupier’, or party in control of a premises, has a common duty of care under the Occupiers’ Liability Act 1957 to ensure that lawful visitors are kept reasonably safe during their visit.
That said, there is no automatic right to compensation and door injuries can be difficult to prove. It is necessary to show that there was negligence or a defect in a door mechanism.
Winning a claim for a defective door can often come down to whether the occupier/person in control had knowledge of any defect. If they knew about it and failed to remedy it, or the door is in general disrepair, they may be liable.
To be able to make a claim for a door injury that occurred in a public place, you will need to meet all of the following criteria:
- An ‘occupier’ owed you a duty of care,
- This ‘occupier’ then breached their duty of care and
- Due to this, you were injured in an accident in a public place.
Proving liability in a door injury claim
To be able to make a claim, you will need to prove that someone else was liable for your door injury. Providing sufficient evidence could help with proving liability and potentially increase your chances of a successful claim. Some evidence that could help support your claim might include:
- CCTV footage or any videos of the accident (or faulty door mechanism if relevant)
- Eyewitness contact details (for a statement to be collected from them later).
- Any photographs of your injury – e.g. a photo of your crushed finger.
- Copies of your medical records confirming your injury and the treatment received for it.
- Any evidence of changes or adjustments made by the occupier to make the door safe after the accident
In conclusion
While door injuries can be difficult to prove, and aren’t always successful, the resulting injuries can be extremely distressing, debilitating and, in some cases, disfiguring. It is therefore helpful to provide as much evidence as possible as soon as possible in a claim.
Your solicitor can advise you further on this and also on what losses can be claimed for as a result of a door injury.
If you have suffered an injury as a result of a faulty door contact our specialist personal injury solicitors today on 0161 696 6235 or fill in our online enquiry form.
Blog author: Angeline Holmes
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