Visitor Question

Automatic door malfunctioned and injured my arm…

Submitted By: Patricia (Fairborn, OH)

As I exited the a store, the automatic door opened and then sprang back as I walked through. The thumb lock of the door hit me in my right arm. I reported the injury to the manager and left my contact information. I had a bruise and painful knot the next day so I went to the doctor.

That day someone from the store’s Risk Management office called to see how I was doing. My medical bill is fully covered by my primary and secondary insurance carriers. I also saw my primary care doctor 3 weeks later.

I had a painful hematoma and bruising for 5 weeks, so I called to let the Risk Management office know how I was. They offered me $300. I have not accepted it.

The door was malfunctioning on the day of my injury and for weeks afterward. I have videos of the doors not working correctly on different days and of my bruises on different days.

Apparently they have no plans to repair the doors (the doors at the west end of the store are working smoothly).

Should I accept the $300 or go to small claims court? Is there any other action I can take? Thank you for any perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Patricia,

Unless you contributed to the accident, and presuming the door was malfunctioning at the time it injured you, you have a right to be compensated for your damages. In personal injury claims, “damages” can include medical bills, out-of-pocket expenses (for medications, bandages, etc.), lost wages, and an amount for your pain and suffering.

In your case, the amount of compensation to fairly represent your injury can be determined by adding up your medical bills and multiplying them by 1½x, 2x, or at the most 3x. That’s because your injuries are “soft tissue.” Soft tissue injuries normally include abrasions, contusions (like yours) whiplash, sprained tendons, ligaments or muscles, etc.

More serious hard injuries can include fractures, head trauma, disfigurement, and the like.

The store’s insurance company knows what a claim like yours is worth. They deal with similar claims all the time. You can start negotiating your settlement with a demand for 3 times the amount of your medical bills. That multiple is meant to cover your damages, inclusive of pain and suffering.

While it is unlikely they will pay at a multiple of 3, staring at that multiple is certainly reasonable. You can negotiate down from there.

Learn more here: Slip and Falls in Grocery Stores and Supermarkets

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

Published:

One comment on “Automatic door malfunctioned and injured my arm…

  1. Anonymous says:

    I was in a save a lot store just leaving I touched the wrong door going out and the door flew open and hit me, knocking me down. There were no witness’s but the store staff helped me up.

    I did not know how bad I was hurt, but in terrible pain. I refused an ambulance and drove home.

    I had a neighbor take me to the hospital and found I have a broken wrist, and pain in ribs and back. The store cannot find video of the fall.

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