When a Faulty Door Leads to a $3 Million Settlement: Understanding Premises Liability
Imagine reaching for a doorknob that isn’t there, your hand slipping into the empty space, only to have someone push the door open, violently jamming your thumb. This is precisely what happened to Cedrick Makara, a New York City claims examiner, in 1999. The bathroom door in his workplace was missing a doorknob, and this seemingly minor oversight led to a severe injury, surgery, and ultimately, a $3 million settlement in the case of Cedrick Makara v. Newmark Realty (2012). This case highlights the legal concept of premises liability and the responsibilities property owners have to ensure the safety of those on their premises.
Premises Liability: What Is It?
Premises liability law dictates that property owners have a duty to maintain their property in a reasonably safe condition. This duty extends to invitees (customers, guests), licensees (those with permission to be on the property), and, to a lesser extent, even trespassers. When a property owner fails to uphold this duty and someone is injured as a result, they may be held liable for damages.
What does “reasonably safe condition” mean?
It means that property owners must take reasonable steps to protect people from foreseeable harm. This includes:
- Regularly inspecting the property for hazards.
- Repairing dangerous conditions in a timely manner.
- Warning visitors about known hazards that cannot be immediately fixed.
The Makara v. Newmark Realty Case: A Breakdown
In Cedrick Makara v. Newmark Realty, the core issue was the negligence of Newmark Realty, the building’s owner and manager, in failing to repair the faulty bathroom door. Makara’s injury occurred because the door lacked a doorknob, creating a foreseeable risk of injury.
Key elements of the case:
- Duty of Care: Newmark Realty had a duty to maintain a safe environment for tenants and employees in their building.
- Breach of Duty: They breached this duty by failing to repair the broken bathroom door, creating a hazardous condition.
- Causation: The lack of a doorknob directly caused Makara’s thumb injury.
- Damages: Makara suffered significant damages, including medical expenses, lost wages, pain, and suffering.
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, totaling $3 million. This substantial award underscores the seriousness with which courts view negligence that leads to personal injury.
Common Doorway Hazards and Premises Liability
The Makara v. Newmark Realty case isn’t an isolated incident. Doorway-related accidents are more common than many realize, and they often fall under premises liability law. Some common doorway hazards that can lead to injuries and potential lawsuits include:
- Missing or Defective Hardware: As seen in the Makara case, missing doorknobs, broken handles, or malfunctioning locks can cause injuries.
- Automatic Door Malfunctions: Faulty sensors, forceful closers, or sudden stops can lead to crush injuries, broken bones, or other trauma.
- Elevated Thresholds: Uneven or raised thresholds can create tripping hazards, especially in poorly lit areas.
- Slippery Surfaces: Rain, snow, or ice near entrances can create slippery conditions, increasing the risk of falls.
- Obstructed Exits: Blocked or unlabeled exits can cause panic and injuries during emergencies.
- Improper Door Design: Heavy doors without soft-closers can slam shut unexpectedly, causing injuries.
Who is Liable for Doorway Accidents?
Liability for doorway accidents typically falls on the property owner or manager. This could include:
- Homeowners: Responsible for maintaining safe conditions on their property.
- Landlords and Property Managers: Duty to ensure the safety of tenants and visitors in rental properties.
- Business Owners: Obligated to provide a safe environment for customers and employees.
- Maintenance Companies: If a third-party company is contracted to service and maintain doors, they could be liable for failing to properly inspect or repair malfunctioning doors.
- Installers: If the automatic door was improperly installed, the company or individuals who installed the door may be liable for the resulting injury.
- Manufacturers: If a defect in the design or manufacturing of the door caused the injury, the manufacturer may be held liable under product liability laws.
To establish liability, it must be proven that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to remedy it.
Proving Negligence in a Premises Liability Case
To win a premises liability case, the injured party must demonstrate that the property owner was negligent. This involves proving 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 damages as a result of the injury.
Evidence that can be used to support a premises liability claim includes:
- Photographs of the dangerous condition
- Witness statements
- Accident reports
- Medical records
- Expert testimony
What to Do If You’re Injured by a Faulty Door
If you’ve been injured due to a faulty door or other hazardous condition on someone else’s property, it’s crucial to take the following steps:
- Seek Medical Attention: Your health is the top priority. Get prompt medical treatment for your injuries.
- Document the Scene: Take photos and videos of the hazardous condition that caused your injury.
- Report the Incident: Notify the property owner or manager of the incident and file an accident report.
- Gather Information: Collect contact information from any witnesses.
- Consult an Attorney: Contact a personal injury attorney to discuss your legal options.
The Importance of Proactive Door Maintenance
The Cedrick Makara v. Newmark Realty case serves as a stark reminder of the potential consequences of neglecting property maintenance. Proactive door maintenance is not only essential for preventing injuries but also for protecting property owners from liability.
Here are some tips for maintaining safe doorways:
- Regularly inspect doors for any signs of damage or wear.
- Repair or replace damaged hardware promptly.
- Ensure that automatic doors are properly serviced and maintained.
- Address any tripping hazards, such as uneven thresholds or slippery surfaces.
- Provide adequate lighting near entrances and exits.
- Clearly mark exits and ensure they are free from obstructions.
Ignoring a broken door may seem harmless, but it can lead to serious injuries and costly legal battles. By taking proactive steps to maintain safe doorways, property owners can protect the well-being of visitors and minimize their risk of liability.
Conclusion
The case of Cedrick Makara v. Newmark Realty is a compelling example of how a seemingly minor oversight can result in significant consequences. It underscores the importance of premises liability law and the duty property owners have to maintain safe environments. If you’ve been injured due to a hazardous condition on someone else’s property, it’s essential to understand your legal rights and seek the guidance of an experienced personal injury attorney. Don’t let negligence go unaddressed – take action to protect your well-being and secure the compensation you deserve.