It may come as no surprise that door injuries are a common occurrence, and it is likely we all know someone, or perhaps have personally experienced, this type of accident at some point. Door injuries commonly involve children as they will often underestimate the hazard that a door can present.
Accidents involving doors usually lead to crush injuries, fractures, nail bed lacerations and amputations. These are distressing injuries which understandably may also provoke an emotional response.
Door injuries often occur in schools, nurseries and commercial spaces / crowded places.
The Occupiers’ Liability Act 1957 creates a common duty of care on the occupier, or those in control of the premises, to ensure that lawful visitors are kept reasonably safe for the purposes of their visit. Even if an accident occurs at the premises, there is no automatic right to compensation.
Claims involving door injuries can be difficult to win and are not always successful. Any entitlement to compensation must be demonstrated based on negligence or a defect in a door mechanism.
Example of door injuries which may give rise to a personal injury claim
- Faulty door closer unit which causes the door to slam shut or close too fast
- Automatic doors which malfunction and close unexpectedly on a person
- Glass doors which break and do not use safety glass
- Being struck by a door which falls from its hinges or mountings
Case study
I recently acted for a child who was visiting a leisure centre with her father. Whilst at the premises, she needed to use the toilet which was located inside the building.
The Claimant’s accident occurred as she attempted to enter the toilet block area. At the entrance, there were two doors which created an airlock and the first door was heavy and awkward to keep open.
As the Claimant attempted to go through the first door, it closed in an uncontrolled way and trapped her left ring finger.
As a result of the accident the Claimant suffered a partial amputation to her left ring finger with an associated tuft fracture. She was taken to hospital for emergency treatment which involved wound washout and surgical repair.
The Claimant’s finger was left hanging by a loose thread, and she faced the prospect of losing the tip of her left ring finger. Fortunately, this did not happen as her surgery was successful, and her finger was saved.
The Claimant was left with two small surgical scars. She also suffered some functional impairment and emotional distress.
Expert evidence was obtained from a Consultant Hand and Peripheral Nerve Injury Surgeon and Clinical Psychologist. Both experts were of the opinion that the Claimant had made an excellent recovery from her distressing accident, and no further deterioration was anticipated.
A claim was pursued under the relevant provisions of the Occupiers’ Liability Act 1957 and liability was admitted by those representing the Defendant. Whilst no engineering evidence was obtained as part of the claim, it was alleged that the door closer unit had not been adequately maintained which resulted in the door slamming shut as it closed.
Due to the Claimant’s age at the time the settlement award was agreed, the compensation award had to be approved by the Court. Following a short Infant Approval Hearing at the Claimant’s local County Court, a settlement award of £12,500 was approved by a Judge. This award included a nominal amount for the Litigation Friend’s losses and expenses.
The compensation award will sit in the Court Special Account and will be released to the Claimant once she is 18 years of age.