Elevator Freefall: $10.6M Verdict Upheld in Spinal Injury Case – Are You Entitled to Compensation?

Imagine stepping into an elevator, expecting a smooth, uneventful ride. Instead, the floor drops out from under you as the elevator plummets downwards. This nightmare scenario, while rare, can lead to devastating injuries, including severe spinal cord damage. In a recent case, a victim of an elevator freefall was awarded $10.6 million after suffering a spinal injury, highlighting the potential for significant compensation in such cases. But what happens if you experience a similar incident? Are you entitled to compensation?

The Shocking Reality of Elevator Accidents

While modern elevators are generally safe, accidents do happen. According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, approximately 17,000 people are injured in elevator-related incidents each year in the United States. While fatalities are less common, around 30 people die annually due to elevator mishaps. These accidents can stem from a variety of causes, with potentially life-altering consequences for those involved.

Common Causes of Elevator Accidents

Most elevator accidents are preventable with regular inspections and proper maintenance. Some of the most frequent causes include:

Mechanical failures: Cable failures, brake problems, or power outages can lead to elevator malfunctions.
Poor maintenance: Neglecting regular upkeep can result in worn-out components and malfunctioning safety features.
Electrical issues: Electrical faults can cause elevators to malfunction, posing significant risks.
Door malfunctions: Doors that close too quickly, fail to detect obstructions, or open unexpectedly can cause injuries.
Misleveling: When an elevator stops above or below the level of the floor, it creates a tripping hazard.
Human error: Improper operation, overloading, or incorrect maintenance procedures can contribute to accidents.

Potential Injuries from Elevator Accidents

Elevator accidents can result in a wide range of injuries, from minor cuts and bruises to severe trauma. Some of the most common injuries include:

Spinal cord injuries: Sudden stops, falls, or freefalls can cause severe damage to the spinal cord, potentially leading to paralysis or permanent disability.
Traumatic brain injuries: Head trauma from falls or impacts can result in concussions or more severe brain injuries.
Broken bones: Fractures are common in elevator accidents, particularly in the legs, arms, and hips.
Soft tissue damage: Strains, sprains, and torn ligaments can occur when individuals brace themselves during a malfunction.
Emotional and psychological distress: Being trapped in a malfunctioning elevator or experiencing a sudden fall can lead to anxiety, post-traumatic stress disorder (PTSD), or a fear of elevators.

Understanding Liability in Elevator Accidents

Determining who is responsible for an elevator accident can be complex, as several parties may be liable. These include:

Property owners: Building owners are responsible for maintaining a safe environment on their property, including ensuring that elevators are regularly inspected and properly maintained.
Maintenance companies: Companies contracted to service elevators can be held liable if they fail to perform their duties adequately, such as neglecting to conduct routine maintenance or making negligent repairs.
Elevator manufacturers: If an accident is caused by a defect in the elevator’s design or manufacturing, the manufacturer may be liable under product liability laws.
Installation contractors: Improper installation of an elevator can also lead to liability for the contractors involved.

To establish negligence, it must be proven that a duty of care existed, that this duty was breached, that the breach caused the accident, and that damages resulted from the accident.

What to Do After an Elevator Accident

If you are involved in an elevator accident, the following steps can help protect your health and legal rights:

Seek immediate medical attention: Even if your injuries seem minor, it’s crucial to get a medical evaluation to document any potential harm.
Report the accident: Notify the building management or property owner about the incident and request a copy of the report.
Gather evidence: Take photos of the elevator, any visible mechanical issues, and your injuries. Collect contact information from witnesses.
Preserve records: Keep all medical records, receipts for medical expenses, and any correspondence related to the accident.
Contact an experienced attorney: An attorney specializing in elevator accidents can help you understand your legal options and pursue compensation for your injuries.

Compensation for Elevator Accident Injuries

If you have been injured in an elevator accident due to someone else’s negligence, you may be entitled to compensation for various damages, including:

Medical expenses: Coverage for hospital bills, surgeries, medications, physical therapy, and other treatment costs.
Lost wages: Compensation for income lost due to the inability to work during recovery.
Future earnings: Damages for diminished earning capacity if the injury results in long-term or permanent disability.
Pain and suffering: Compensation for physical pain and emotional distress.
Property damage: Reimbursement for personal property damaged in the accident.

In cases of fatal elevator accidents, surviving family members may also be able to pursue a wrongful death claim to seek compensation for their losses, including funeral expenses and loss of companionship.

The Importance of Regular Elevator Maintenance and Inspections

To prevent elevator accidents, regular maintenance and inspections are essential. Building owners and maintenance companies must adhere to strict safety regulations and guidelines, such as those outlined in ASME A17.1/CSA B44, the Safety Code for Elevators and Escalators. These regulations cover various aspects of elevator safety, including design, construction, installation, operation, testing, inspection, maintenance, alteration, and repair.

Regular inspections should be conducted by certified professionals at least once a year, with more frequent inspections for older elevators. Maintenance schedules should include monthly, quarterly, and annual tasks, such as safety tests, parts lubrication, and component replacements. Records of all inspections, tests, repairs, and upgrades should be kept meticulously.

Are You Entitled to Compensation?

If you have been injured in an elevator accident, determining whether you are entitled to compensation depends on the specific circumstances of your case. Factors such as the cause of the accident, the severity of your injuries, and the degree of negligence involved will all play a role.

Don’t Wait, Take Action Today

Elevator accidents can have devastating consequences, but you don’t have to face the aftermath alone. If you or a loved one has been injured in an elevator accident, contact our firm today for a free consultation. We can help you understand your legal rights and pursue the compensation you deserve.