Visitor Question

Businesses liability for not fixing dangerous door?

Submitted By: Sharon (Auburn, Georgia)

My mom was entering a Dollar Tree on a very windy day. The door on the left was stuck in front of the right door. When opening the door on the right, wind caught the left door, violently flung it open and hit it my mom. It sent her sailing through the air, and she fell and broke her hip.

She made an accident report and went to the hospital. She had hip surgery and months of rehab. Her bills were nearly $100,000.

Are they liable because left door was not locked and secured on an extremely windy day ? Dollar Tree should have locked the left door to secure the safety of their customers under theses circumstances. Or is it an act of God and they are not liable?

Again the left door always closes and gets stuck in front of the right door. This may have been prevented if that door didn’t close improperly. Are there safety procedures they violated? Thank you.

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 Sharon,

Based on the facts you present, the Dollar Tree Corporation should be liable for your mother’s injuries. The store should have secured the door so that it would not risk causing injuries to customers or employees.

“Reasonableness” is an important term when it comes to the duties a store has to third persons. It could be argued the Dollar Store did not take all reasonable action to make sure the doors were secured.

Alternatively, if there was sudden gust of 50 mile per hour winds and the door failed to work properly, injuring a customer, it could be argued the store did all they could have, acting reasonably. In that case, the Dollar Store might escape liability. However, normal winds would not be a valid reason to deny responsibility.

Because of the seriousness of your mother’s injuries, you must seek the advice and counsel of several personal injuries in your area. There’s too much to lose to risk handling a case like this on your own. Most personal injury attorneys do not charge for initial office consultations.

Learn more here: Retail Store Injury Claims

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) 647-2490.

Best of luck with your claim,

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