All owners/managers of premises, including homeowners, have a duty of care to persons who may be affected by doors and gates on their premises. In the event of loss or injury caused by an unsafe gate or door, the injured party may be able to sue in a civil court to recover damages. Insurance cover is available for such risks, but may be prejudiced if the owner/manager has failed to maintain a door or gate to a reasonable standard.
Employers and the self-employed are additionally liable to criminal prosecution under health and safety law if unsafe doors and gates exist on premises under their control; this could include landlords, managing agents and facilities managers:
GB:
Health and Safety at Work Act 1974:
www.legislation.gov.uk/ukpga/1974/37
See particularly section 3
Northern Ireland:
Health and Safety at Work (Northern Ireland) Order 1978: www.legislation.gov.uk/nisi/1978/1039/data.pdf
See particularly section 5
Republic of Ireland:
Safety, Health and Welfare at Work Act 2005, Non-Fatal Offences Against the Person Act 1997 and the Housing [Standards for Rented Houses] Regulations 2008
www.hsa.ie/eng/Legislation/Acts/Safety_Health_and_Welfare_at_Work/SI_No_10_of_2005.pdf
www.irishstatutebook.ie/eli/1997/act/26/enacted/en/print
www.irishstatutebook.ie/eli/2008/si/534/made/en/print
Finally, persons in control of workplaces have additional criminal responsibilities under the European Workplace Directive 89/654/EEC as transposed into national law:
GB:
Workplace (Health, Safety and Welfare) Regulations 1992: www.hse.gov.uk/pubns/priced/l24.pdf
This link contains the HSE Approved Code of Practice as well as the text of the regulations. Regulation 5 requires maintenance to be carried out and regulation 18 specifies the safety requirements for doors and gates in the workplace.
Northern Ireland:
Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993: https://www.legislation.gov.uk/nisr/1993/37/contents/made https://www.hseni.gov.uk/publications/l24-workplace-health-safety-and-welfare-gb-acop-approved-use-ni
In this case, the HSE Approved Code of Practice for GB has been approved for use in NI; the content of the regulation is identical in GB and NI.
Republic of Ireland:
Safety, Health and Welfare (General Applications) Regulations 2007: www.hsa.ie/eng/Publications_and_Forms/Publications/General_Application_Regulations/gen_apps_workplace.pdf
See regulation 11.
Maintenance contractors may be held liable in a civil court for any breach of their contract with the owner/manager of premises or for any loss occasioned by their negligence. More importantly, however, if their work fails to safeguard the health and safety of any person who may be affected, they may also have a criminal liability. This liability may affect an employer, a self-employed person and an individual employee. If an unsafe door or gate causes a fatality, a charge of manslaughter may be considered. Note that these duties under criminal law apply to the contractor irrespective of the type of premises involved.
Great Britain:
Health and Safety at Work Act 1974:
www.legislation.gov.uk/ukpga/1974/37
See particularly sections 3 (employers and the self-employed) and 7 (employees).
Northern Ireland:
Health and Safety at Work (Northern Ireland) Order 1978: www.legislation.gov.uk/nisi/1978/1039/data.pdf
See particularly sections 5 (employers and the self-employed) and 8 (employees).
Republic of Ireland:
Safety, Health and Welfare at Work Act 2005: www.hsa.ie/eng/Legislation/Acts/Safety_Health_and_Welfare_at_Work/SI_No_10_of_2005.pdf
See particularly sections 12 (employers and the self-employed) and 13 (employees).
Non-Fatal Offences Against the Person Act 1997: www.irishstatutebook.ie/eli/1997/act/26/enacted/en/print
See, in particular, section 13 for reckless endangerment.
