£3,250 for forearm trapped in lift door

£3,250 for  forearm trapped in lift door

Cynthia was staying with her friend, a tenant of the defendant Housing Trust. She went to take down a bag of rubbish one night and called the lift.  As she placed the bag into the lift,  the door quickly closed upon her arm.  Unable to free herself, she was trapped for quite some time before the Fire Brigade freed her using a crow bar. 

Cynthia probably suffered an undisplaced  fracture of the forearm from the ordeal and was unable to return to her job as a care worker for a month, her wrist remaining sore for several months. In law, the Housing  Trust owed a duty to Cynthia (and all other visitors) under the Occupiers Liability Act to ensure she was reasonably safe using the lift.  For example, the Housing Trust  was responsible for routine inspection and maintenance of the lift.  It was unable to show compliance with this duty.

Although the insurers of the Trust were identified, they failed to respond to proposals to settle her claim so we issued proceedings on her behalf and entered judgment in default of acknowledgment by the defendant. Her compensation was agreed at £3,250 and her costs were paid as well.

Occupiers of buildings, such as houses, residential blocks, offices and shops owe duties to their visitors to ensure they and their possessions are reasonably safe while on the premises. Landlords will likely have additional duties to their tenants.