When a Door Becomes a Danger: Understanding Premises Liability in a $3 Million Thumb Injury Case
Doors are a ubiquitous part of our daily lives. We pass through them without a second thought, assuming they will function as intended. But what happens when a faulty door causes serious injury? The case of Cedrick Makara v. Newmark Realty (2012) serves as a stark reminder that property owners have a responsibility to maintain safe premises, and their failure to do so can result in significant financial consequences. In this case, a faulty door led to a $3 million award for a thumb injury, highlighting the importance of premises liability law.
The Case: Cedrick Makara v. Newmark Realty (2012)
Cedrick Makara, a claims examiner for New York City, sustained a severe thumb injury in 1999 while attempting to exit a bathroom in the building where he worked. The bathroom door was missing a doorknob. As he reached through the hole where the doorknob should have been, another person simultaneously tried to enter, causing the door to jam and severely injure Makara’s thumb. The injury required surgery, and Makara was unable to work for six months.
Makara sued Newmark Realty, the building’s owner and manager, along with 40 Worth Associates, alleging negligence in failing to maintain the premises in a safe condition. He argued that their failure to repair the faulty door directly led to his injury. The jury sided with Makara, awarding him \$2 million for pain and suffering, \$200,000 for medical expenses, and \$750,000 to his wife for loss of services, bringing the total award to $3 million.
Premises Liability: What is it?
This case falls under the umbrella of premises liability law. Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. This responsibility extends to ensuring the safety of visitors and tenants by:
- Taking reasonable measures to maintain a safe environment.
- Warning visitors of hazards that are not readily apparent.
In the Makara v. Newmark Realty case, the crux of the matter was whether Newmark Realty had breached its duty of care by failing to repair the faulty bathroom door. The jury’s verdict indicated that they believed the company was indeed negligent in its responsibility to maintain a safe environment for those on their property.
Faulty Doors and Potential Injuries
Faulty doors can present a variety of hazards, leading to a range of injuries. These can include:
- Automatic doors: Malfunctioning sensors, doors closing too quickly, or doors with excessive force can cause collisions, trapping incidents, and crush injuries.
- Revolving doors: These can be dangerous if they are not properly maintained or if their speed is not appropriately regulated.
- Swinging doors: Doors that swing unexpectedly or lack proper safety features can cause collisions and impact injuries.
- Doors lacking essential hardware: As seen in the Makara case, the absence of a doorknob created a dangerous situation.
- Fire exit doors: If these are not maintained properly and are difficult to open, injuries can occur during an emergency.
Injuries resulting from faulty doors can range from minor bruises and lacerations to severe fractures, head trauma, and even amputations. The severity of the injury often depends on the type of door, the nature of the malfunction, and the individual’s vulnerability.
Who is Liable?
Determining liability in a faulty door injury case can be complex. Potentially liable parties may include:
- Property owners: They have a general duty to maintain their premises in a safe condition.
- Property managers: They are often delegated the responsibility of maintaining the property on behalf of the owner.
- Maintenance companies: If a third party is hired to maintain the doors, they may be liable if their negligence contributed to the injury.
- Door manufacturers: If the door was defective in its design or manufacture, the manufacturer may be liable under product liability laws.
- Installation companies: Improper installation can lead to malfunctions, making the installer liable.
Proving Negligence
To win a premises liability case involving a faulty door, the injured party must typically prove the following:
- Duty of care: The defendant (property owner, manager, etc.) owed a duty of care to the plaintiff (injured party).
- Breach of duty: The defendant breached this duty by failing to maintain the property in a safe condition.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injury.
- Damages: The plaintiff suffered actual damages as a result of the injury, such as medical expenses, lost wages, and pain and suffering.
Evidence that can help prove negligence includes:
- Medical records documenting the injury and its treatment.
- Photographs of the accident scene and the faulty door.
- Witness statements.
- Maintenance records (or lack thereof) for the door.
- Expert testimony regarding the door’s condition and the cause of the malfunction.
Compensation Available
If you have been injured by a faulty door due to someone else’s negligence, you may be entitled to compensation for:
- Medical expenses: Past and future costs of medical treatment, including hospital bills, doctor’s visits, physical therapy, and prescription medications.
- Lost wages: Compensation for lost income due to being unable to work.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Property damage: Reimbursement for any damaged personal property.
- Punitive damages: In some cases, punitive damages may be awarded to punish the defendant for egregious negligence.
Seeking Legal Assistance
If you or a loved one has been injured by a faulty door, it is crucial to seek legal advice from an experienced personal injury attorney. A skilled attorney can:
- Investigate the accident and gather evidence to support your claim.
- Identify all potentially liable parties.
- Negotiate with insurance companies on your behalf.
- File a lawsuit and represent you in court if necessary.
- Help you understand your rights and options.
The case of Cedrick Makara v. Newmark Realty serves as a powerful example of how a seemingly minor defect, like a missing doorknob, can lead to serious injury and significant legal consequences. It underscores the importance of property owners fulfilling their duty to maintain safe premises and the right of injured parties to seek compensation when negligence causes harm. If you’ve been injured due to a faulty door, remember that you don’t have to navigate the legal process alone. Consulting with a qualified attorney can help you protect your rights and pursue the compensation you deserve.