Damaged to my Lid by another employee: what are my options?

[Bikerdude]

Walking through rear reception this morning and some stupid bint opens an internal door into my Lid, her excuse "sorry, I didn't see you", I replied "what, through a transparent glass door?"

 

This is the 2nd time in 6 months and I'm not letting this one slide, where does the law stand on such matters? as I fully expect the company (like the last one) to deny any responsibility on the matter.

 

1. as it happened on company property are the company liable? if so what legal speak can I quote them to capitulate?

2. or will I have to take the woman to opened the door unto my crash helmet to small claims court..?

 

ta.

[demagogue]

Under criminal law, the common law crime here is breaking & entering applied to a vehicle. If you can show some evidence of intent to take the helmet, then it's burglary. That might slap her with a fat fine.

 

In civil law (if you want her to compensate you) the tort would be trespassing. The thing about trespassing though is usually you have to show damages, they took something or muffed something up. If the damage is just nominal, like only the shock you feel that someone is trespassing on your crap, then they often just award symbolic damages like $1 or maybe $10. But they will award it since it's your right, and usually it's just putting them through that that sends the message.

 

Are you saying the woman works for the company and it's official policy to open people's vehicles? Or are you saying the company doesn't have good security so deserves responsibility? Either way, I'd have to think about what the claim would be. The first sounds improbable but would give you a great claim; the 2nd doesn't give you much claim on the company since the woman was the actual perpetrator; just go after her.

 

BTW for both of these I'm speaking about common law, which the US & UK share generally, but the laws of a particular town can always be a little different.

[Melan]

I think what Biker means is she smashed her car door into his bike?

[demagogue]

Oh her door? I was thinking she opened up the compartment on his bike where the lid was.

 

Edit: Interestingly, the phrase "opened the door unto my crash helmet" could apply to both.

[Bikerdude]

Oh her door?

There were no cars involved, the incident happened inside the building, she opened an internal door into me and my lid, causing damage to the lid.

[demagogue]

So you're holding your helmet and she opens the door onto it, damaging it?

 

I suppose that would be a property damage claim, like diminished value (DV), under negligence (your claim isn't she did it on purpose, only she didn't see you but she should have and acted negligently opening the door without looking, and damage occurred). Anyway yeah, you have all the elements there for a property damage tort under negligence, and the damages might either be the cost of repair or the dimunition in value the damage caused. You'd just have to convince the judge that the woman was really acting negligently opening a clear door without looking.

 

Edit: As for the company, again she's the perpetrator so you don't have a good claim against the company for it; the causation isn't there. Are you trying to argue the door design is such that it tends to lead to people getting banged up? There might be something there if you could really show that, but I mean a door is a door... It'd be a hard sell I think. The case is better going after the woman.

[Bikerdude]

Yeah, all good points.

 

One aspect I sorta had in the back of my mind but wasn't sure of until another person mentioned it, is the companies own public liability insurance. At the end of the day I won't be unreasonable with them I just want the visor replaced. Its bad enough seeing the scuff on the lid itself but then having to look through the scratch in the visor as well is not on.

[AluminumHaste]

There were no cars involved, the incident happened inside the building, she opened an internal door into me and my lid, causing damage to the lid.

 

What is a lid? Speak english man, I thought your country spawned the language but no one from there seems to speak it......Movie reference, 10 points if you get it.

[jay pettitt]

Could you not put your helmet inside some kind of protective box? It's going to get banged if you're just standing there holding it.

 

@AluHaste Snatch! I can't understand why bikers have started calling it a lid either. It's almost as though... Oh I don't know.

[jdude]

There were no cars involved, the incident happened inside the building, she opened an internal door into me and my lid, causing damage to the lid.

 

Depends what country you are in. Mostly likely scenario is small claims court against this woman to have her pay for damages.

[SeriousToni]

What is a lid?

[Sir Taffsalot]

What is a lid?

 

It's the see through part of a helmet. It protects your eyes but you can still see through it.

[OrbWeaver]

Have you tried just asking her to pay for the damage? It would be the decent thing for her to do, even if she only damaged it by accident, and if you ever do go to court you will need to show that you tried to resolve the situation amicably to start with.

[Sir Taffsalot]

As it's the law that you have to wear a helmet when riding a motorcycle, does motor insurance not cover damages to your helmet?

[Bikerdude]

What is a lid?

Its slang for crash helmet :-D

 

And it looks like the company may pay for the damage, otherwise yes I will ask her.

[elwing]

hum, wouldn't the Blackjack be a more appropriate solution?

[betpet]

It's a tricky one. It took place on company property which could make them liable but it's not exactly something they are responsible for. I think you're better off going to the woman herself. She broke it, she replaces it.