old - Fazer Owners Club - old
General => General => Topic started by: b1k3rdude on 30 May 2012, 06:32:37 pm
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Walking through rear reception this morning and some stupid bint opens the door into my crash helmet, her excuse "sorry, I didn't see you", I replied "what, through a transparent glass door?"
This is the 2nd time in 6 months and I'm not letting this one slide, where does the law stand on such matters? as I fully expect the company (like the last one) to deny any responsibility on the matter.
1. as it happened on company property are the company liable? if so what legal speak can I quote them to capitulate?
2. or will I have to take the woman to opened the door unto my crash helmet to small claims court..?
ta.
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got no idea how you stand,but would love to read other posters opinions
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unless she smashed the door with extreme force into your helmet and has visible signs of damage (not just a bit of paint or varnish on it that will rub off) you got two hopes, Bob and No
Devils advocate
did you see her before she opened the door? if so why didnt you stand back if not your statement of "what, through a transparent glass door?" is meaningless
sorry bud but i wouldnt waste time and energy on a trivial matter unless helmet has visible damage and you showed someone it before you left building
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Unless helmet has visible damage and you showed someone it before you left building
Yes, my line manager.
And regarding the door it was to my right, but she was looking straight through and opening it - the onus on due care and attention was her responsibility.
Anyone got any ideas on the 1st question?
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Unless you have grounds for believing a contributory factor in the incident was that the door was defective in some way or lighting should have been better or that operating the door required training that the company failed to provide, I can't see that a claim against them will stand much chance of success.
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So you stood in front of a door with a fragile(well damageable anyway) item in your hand, and you've had it happen before, see through door or not you only have yorself to blame I'm afraid, should have learnt first time.
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Forgot to add:
where does the law stand on such matters?
Further away from the door than you did. :evil
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Forget it, it's just one of them things. The more you :grumble the more you :wall and people go :uhuh and eventually think :foc and you end up going :crazy .
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Forget it, it's just one of them things.
I agree, but why should we be expected to constantly have to foot the bill. What if the helmet had been a right off or what if it had been my phone, the total cost of either would have been a few hundred pounds. Why should I/we have fall back on our house contents insurance in response to someone else's lack of due care and attention.
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Unless you have grounds for believing a contributory factor in the incident was that the door was defective in some way or lighting should have been better or that operating the door required training that the company failed to provide, I can't see that a claim against them will stand much chance of success.
I have worked for a company where I had to have training on opening / closing a door before I was allowed to open or close the doors. ( large loading style doors, but a door)
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I still don't see how it's "someone else's" lack of due care and attention when all they did was have the cheek to walk through a door, only to find some daft foccer standing the other side with a crash helmet in the way, surely that makes it fully "your" lack of due care and attention, the door was see through so why didn't you get out of the way? just learn from the second occurence (as the first obviously wasn't enough) and stand elsewhere next time.
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Your claim in negligence would be against the individual...the event was nit readily foreseeable. The individual will likely state that they were unaware of the proximity of the helmet and as a non essential item to 'your work' why would your employer be responsible for what you were doing with it or indeed why another employee should be inconvenienced by the way you carry it?
Succinctly put it will cost to have the arguement and you would come off second best.
However...you may well have home insurance which covers valuables in transit, if this be the case then the insurer may pay out and if they did may also consider a liability claim on the third party under subrogation (wouln't be your problem by this point other than the duty to facilitate the claim)
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I read it as you were walking along a hallway and the see through door joined your through rout from the right side. So yes that would be thier fault. But the hasle to take them to small claims (judge Judy) LOL would be more than the damages got back IMO.
Pain in the ass but I think its going to be a suck it up thing.
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Leave it locked on the bike from now on (mine was replaced when a colleague knocked my bike over six months ago and their insurer paid)
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A few points
1. I assume the door to your side was marked up as obviously giving you the 'right of way'?
2. Just because the door was see-through does not mean her line of sight was clear...there could have been reflections on the glass as seen from her side.
3. If you had been carrying something other than your helmet, say something which caused the glass to shatter and injure her....could she not claim from you?
4. If you were wearing the helmet at the time, possibly your peripheral vision could have been reduced?
5. What's the company done wrong ffs?
6. Forget it, mark it up to experience, and keep your helmet out of harms way in the future.
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Ask her for a BJ (or backrub if your gay) for your trouble
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Assuming a corridor with a door entering it from one side, then the door being opened into the corridor would be considered a hazard in the event of an H&S risk assessment. To reduce the risk would involve taking action and, were I doing the assessment, my recommendation would be to reverse the opening of the door so it opens inwards rather than outwards into the corridor. If this is not feasible for whatever reason, them the next best would be to fit a viewing panel or a complete glass door so anyone coming out through the door would be able to see anyone walking along the corridor. Unless you can prove that the company have not given consideration to the possibility of someone being injured by the door being opened into them, then you cannot claim against the company. However, you haven't been injured so I doubt you would be able to claim.
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May be worth bringing this up to your company and saying that this could cause damage to property and possible injury to personnel or visitors, HOWEVER if the door had been hung so that it did not open up into a thoughfare but back towards the person opening the door this would not occur !?!
As for the chance of getting a pay out:-
- Have you requested permission to carry that equipment that is not work related into your work building?
- As you are aware that doors leading to this area open outward why were you carrying this item in the hand closest to the door opening where it could be damaged if the door was opened.
- Is the area you were walking down confined enough to make you walk close enough to the wall/ door to be with in the opening radius of the door or could you have been walking further from the wall/ door to avoid a collision if the door was opened.
- Did the person opening the door disregard sinage to check if the area on the other side of the door was clear before opening the door.
This is just off the top of my head and a lawyer could do much better than me. Don't think you would have much chance of getting anything if you did go to court and what reputation would you get in your work ?!?
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- is the door had been hung so that it did not open up into a thoughfare but back towards the person opening the door this would not occur !?!
- Have you requested permission to carry that equipment that is not work related into your work building?As you are aware that doors leading to this area open outward why were you carrying this item in the hand closest to the door opening where it could be damaged if the door was opened.
- Is the area you were walking down confined enough to make you walk close enough to the wall/ door to be with in the opening radius of the door or could you have been walking further from the wall/ door to avoid a collision if the door was opened.
- No it open outwards into people walking past, so the company should know better.
- irrelevent, thats like telling people they cant bring in any personal items which would not stand up in court.
- and this is a good point, the area is narrow enough that even if I have been all the way over to the left she would still have managed to clip the helmet.
Regarding the rest of the thread, there were a few good points mixed in amongst a lot of noise. And its all a non-issue now as the company are paying up, end off.
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They'll pay up and then ban you from parking your bike in the carpark. :lol
It might be an idea to sugest they change the door swing from opening outwards into the corridor.... That's just dumb.
I wouldn't mind seeing a pic of the damage that was done to your helmet.
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Great result considering they have absolutely no legal or moral obligation to do so.
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Is the BJ still on offer
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good result, very supprised they coughed up though.
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I would suspect they've already had an H&S assessment and the fact that the door opens outwards into a corridor has been noted but they've done nothing about it and don't want attention being drawn to it. I bet the door will suddenly swing the other way in the not too distant......
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Good job you had your helmet on, you might have a black eye and a sore head!
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I would suspect they've already had an H&S assessment and the fact that the door opens outwards into a corridor has been noted but they've done nothing about it and don't want attention being drawn to it.
Thats my guess too.
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Enjoy your back rub. :lol
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:lol :lol @Marchride.
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It might be worth contacting DSA and have an addition put in the 'Hazard persecption test'. :car
When noggotiating a hazards 'life saver look'. :rolleyes
Thank goodness your head was not in it at the time.
'Heads will roll' sorry not much help am I.
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Great result happy for you think the fact that the door opened outwards would have been the clincher, as for the rest of the "noise" have had this sort of rubbish quoted to me and it is the sort of thing some companies like to bring up to dicourage any form of claim.
Maybe bring the issue of the door opening outwards up to your H&S rep
Again great result