LegalEagleStar

… a kind of Legal Column

Storm over Closed Door

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Q   I WAS recently employed to carry out some renovations on a customer’s house.

The nature of the work necessitated that I went in and out of the house on several occasions.

The occupants of the house had a storm door fitted and one of the children in the house closed it without my knowledge, the result being that I ran straight into it.

I caused no damage to the door but my injuries amounted to a cut, severe bruising and a broken nose.

Can I take an action against the occupants of the house ?

A  YOU do not state whether you were employed as (a) an independent contractor either by tender invitation to treat, (b) paid hourly or (c) paid weekly, monthly etc. or whether you are a friend of the family and not paid at all.

Different rules apply. In the event of (a) applying you are responsible for your own safety precautions at whatever place of work you may be.

If the child slapped the door in your face in the presence of one or both parents you could chance an action against the parents for damages for assault though I wouldn’t recommend such a course of action as it would be High Risk, though possible.

A prudent renovator such as you seem not to be, in view of what occurred, normally carries his own insurance cover.

Maybe you have a policy and could recover under this.

THE  STAR  Friday January 19, 1990

Written by LegalEagleStar

January 1, 2011 at 10:06 pm

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