I have an "up and over " garage door which opens onto a back lane.What would be the outcome if I opened it and someone on the outside was near to it and was hit by it being opened? This worries me a lot because in the summer there are many small children running up and down the lane on scooters and and such and this sort of accident could happen, would I be held resposnible or is this a gray area? I mention children foremost because they are the most likely cause but I include adults and of course cars parked across my door if I open it and there is a car nd I damaged it by opening the door once aglain who foots the bill?
It could be said that you are negligent by not checking before you open the door - but if someone is parked across your entrance, then you could argue contributory negligence if there were a claim. Why don't you do something like a) put up a notice outside your door saying "please keep clear, door may open unexpectedly", b) invest in something cheap but small like a hooter, and hoot it just before you open the door, so people learn to keep clear?
If you are really concerned I would do as BoxT suggests; a notice such as 'door opens outwards' might be useful. I have seen these on the doors of some coaches recently if they have the motorised hinged doors that swing out and back.
So, do you enter the garage from the house and then open the garage door from the inside? I'm not sure why you don't open it from the outside so you can see whether there is an obstruction
Presumably like me the garage is at the end of the garden & is accessed from the house from the rear only ( unless you are returning from the outside).
I think the problem here is a bit like my own. I use my garage as a workshop and when I'm working inside the door is down, so I couldn't see if anybody was outside. I fitted one of those security spy hole glasses, which works fine.
Common law is made up by the decisions of our judges over the years, this has always insisted that reasonableness must be the keynote, you should exercise reasonable care in opening your garage doors so should people passing, children which are your concern, would not necessarily be expected to show the care adults should. Remember it an offence to open or cause or permit a car door to be opened so as to endanger or injure any person, but taking reasonable precautions is a defence.
Check with your household insurance to see if you are covered for this risk.
thank you all for your input. I did think of putting a notice up but I have found that many people ignore such things and of course small children may not be able to read them.So, my friend ABrs it looks like I will have to open my garage door slowly with caution and check my house insurance in case something does happen. atb...
Thank you all once again for your replies. However, since then I have been informed that "up and over "doors are now illegle. If this is so why are they still being advertised and what effect will it have on the people who have these doors for many years Bye...
Did you check with your household insurance to see if you were covered for public liability and if this would cover the garage?
Up and over doors are not illegal, though now there may be a problem with the door opening out directly onto the road, but this is your present situation.
As mentioned English law places great importance on reasonableness and as long as you take great care particularly where children are concerned there should be no difficulty.