Improperly Closed Automated Door: Even if it met the standard when installed, the shop now has to pay.
Vienna. The Supreme Court (OGH) holds business owners accountable. You must educate yourself about the current state of the art. It is not enough that the automatic door is state of the art at the time it is installed. Existing doors from “ÖNORM” that entered into force after that were also not excluded. Nor can the employer justify the fact that the subsequent door inspection reports did not include an explicit indication of how it no longer corresponded to the current situation.
The judge was won by a customer who fell when entering a store. The automatic door malfunctioned and closed while the woman entered the store. She had no way of avoiding it and hit the main closing edges of the door leaf. But what should business owners consider in light of the ruling in order to protect their customers and not be held responsible for the consequences of door errors?
The woman sued for about 9,700 euros in damages. The Holabrunn District Court agreed with the injured party, and the Korneauburg Regional Court confirmed this. However, it made way to the Supreme Court, so that it made clear how much business needed to be informed of technical progress.
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