When a Faulty Door Leads to a $3 Million Settlement: Understanding Premises Liability
Imagine this: You’re simply trying to use a restroom in a building, but the door is missing a doorknob. As you attempt to push the door open to exit, someone on the other side simultaneously tries to enter, resulting in a severely injured thumb. This is precisely what happened to Cedrick Makara in New York City, leading to a landmark case against Newmark Realty and 40 Worth Associates. The jury sided with Makara, awarding him a staggering $3 million for his pain, suffering, and medical expenses resulting from the incident. His wife was also awarded $750,000. This case, Cedrick Makara v. Newmark Realty (2012), highlights a crucial aspect of personal injury law: premises liability.
What is Premises Liability?
Premises liability law dictates that property owners have a legal responsibility to maintain a safe environment for visitors. This duty of care extends to anyone legally on their property, whether it’s a business, public space, or private home. The law recognizes that property owners are in the best position to identify and address potential hazards on their premises. When they fail to do so, and someone gets injured as a result, they can be held liable. In California, this responsibility is codified in California Civil Code 1714, which states that property owners can be held liable for injuries sustained on their property due to their negligence.
The Duty of Care: What are Property Owners Responsible For?
The specific duty of care a property owner owes depends on the visitor’s status. Generally, visitors fall into one of three categories:
- Invitees: These are individuals who are invited onto the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care, meaning they must regularly inspect the premises for hazards and take reasonable steps to ensure their safety.
- Licensees: These are individuals who are on the property with the owner’s permission but not for business purposes, such as social guests. Property owners owe licensees a duty to warn them of any known hazards.
- Trespassers: In the past, property owners owed very little duty of care to trespassers. However, modern interpretations of premises liability law are evolving, and even trespassers may have grounds for a claim in certain situations, particularly if the property contains an “attractive nuisance” like a swimming pool.
Regardless of the visitor’s status, property owners are generally expected to:
- Regularly inspect the property for potential hazards.
- Take reasonable steps to repair or eliminate known hazards.
- Provide adequate warnings of any hazards that cannot be immediately fixed.
How Negligence Plays a Role
To win a premises liability case, the injured party must prove that the property owner was negligent. This involves demonstrating the following elements:
- Duty of Care: The property owner owed a duty of care to the injured party.
- Breach of Duty: The property owner breached that duty by failing to maintain a safe environment.
- Causation: The property owner’s negligence directly caused the injury.
- Damages: The injured party suffered actual damages as a result of the injury, such as medical expenses, lost wages, and pain and suffering.
In the Makara v. Newmark Realty case, the lack of a doorknob on the bathroom door was deemed a hazardous condition that the property owner should have addressed. Their failure to do so directly led to Makara’s injury, establishing negligence.
Common Examples of Premises Liability Cases
Premises liability cases can arise from a wide variety of hazardous conditions, including:
- Slip and Fall Accidents: These are among the most common types of premises liability cases, often resulting from wet floors, uneven surfaces, or inadequate lighting.
- Dangerous Conditions: Failing to place warning signs with regard to known hazards, broken railings, uncovered cords and cables, uneven pavement or floor, loose carpeting, leaks, and spills.
- Dog Bites: Property owners can be held liable for injuries caused by their dogs, particularly if they knew or should have known that the dog was aggressive.
- Negligent Security: Property owners have a duty to provide adequate security to protect visitors from foreseeable criminal activity.
- Swimming Pool Accidents: Swimming pools can be dangerous, especially for children. Property owners must take steps to prevent accidents, such as installing fences and warning signs.
- Automatic Door Injuries: Malfunctioning automatic doors can cause serious injuries if they close too quickly or fail to open properly.
Automatic Doors and Premises Liability
Automatic doors, while convenient, can pose a significant risk of injury if they are not properly maintained. Common causes of automatic door injuries include:
- Malfunctioning Sensors: If the sensors that control the doors are not working correctly, the doors may close prematurely or fail to open at all.
- Improper Timing: If the doors are timed incorrectly, they may close too quickly, striking people as they enter or exit.
- Lack of Maintenance: Regular maintenance is essential to ensure that automatic doors are functioning safely.
In cases involving automatic door injuries, multiple parties may be held liable, including the property owner, the door manufacturer, and any companies responsible for installing or maintaining the doors.
What to Do If You’re Injured on Someone Else’s Property
If you’ve been injured on someone else’s property due to a hazardous condition, it’s essential to take the following steps:
- Seek Medical Attention: Your health is the top priority. Get prompt medical attention for your injuries.
- Document the Scene: If possible, take photos or videos of the hazardous condition that caused your injury.
- Report the Incident: Notify the property owner or manager of the incident and make sure they create an incident report.
- Gather Information: Collect contact information from any witnesses to the incident.
- Consult an Attorney: Contact a personal injury attorney to discuss your legal options.
Compensation in a Premises Liability Case
If you’re successful in a premises liability case, you may be entitled to compensation for a variety of damages, including:
- Medical Expenses: This includes past and future medical bills related to your injury.
- Lost Wages: You can recover lost income if your injury prevented you from working.
- Pain and Suffering: You can be compensated for the physical pain and emotional distress you experienced as a result of the injury.
- Property Damage: If any of your personal property was damaged in the incident, you can recover the cost of repairing or replacing it.
Preventing Future Injuries
Premises liability law serves not only to compensate victims of negligence but also to incentivize property owners to maintain safe environments. By holding property owners accountable for their actions, the law encourages them to take proactive steps to prevent future injuries.
Do you have a case?
The Cedrick Makara v. Newmark Realty case serves as a stark reminder of the importance of property owner responsibility and the potential consequences of negligence. If you’ve been injured on someone else’s property due to a hazardous condition, it’s crucial to understand your rights and seek legal guidance. A knowledgeable attorney can help you navigate the complexities of premises liability law and fight for the compensation you deserve.
Have you ever encountered a hazardous situation on someone else’s property? What steps did you take to protect yourself?