Q- when is a door not a door?
A- when it's a public nuisance
In this case my client had been returning home from work in the dark and had suffered facial injuries when he walked into an up-and-over garage door left open and protruding into the street. The garage owner's evidence was that children had been getting into the garage (trespassing) and must have left the door open. Whilst there is generally no liability in English law for dangers caused by the acts of trespassers, the judge held that, because the door was designed so as to protrude into the highway when open, it was effectively a public nuisance waiting to happen so that the owner owed a duty to prevent its being opened even through the acts of strangers which were not entirely unforeseeable.
Dollman -v- Hillman and Jolley -v- Sutton London B C applied