Elevator Freefall: $10.6M Verdict Upheld for Spinal Injuries – What Are Your Rights?

Imagine stepping into an elevator, expecting a smooth, uneventful ride. Instead, the car plummets, and you brace for impact. This nightmare scenario became a reality for Richard Tufaro, a union master carpenter, who suffered permanent spinal injuries when a malfunctioning elevator in Morristown, NJ, dropped two stories with him inside. The result? A $10.6 million verdict upheld by the New Jersey Superior Court after a decade-long legal battle, underscoring the severe consequences of elevator negligence and raising critical questions about your rights as a passenger.

Each year, approximately 17,000 people in the U.S. sustain elevator-related injuries, and around 30 lose their lives in elevator accidents. While fatalities are rare, the potential for serious harm is undeniable. What happens when a routine elevator ride turns into a life-altering event, and what recourse do you have if you’re injured?

Understanding Elevator Accidents: More Common Than You Think

Elevator accidents, while not always fatal, can result in a range of devastating injuries. These incidents often stem from a combination of factors, including:

Mechanical Failures: Malfunctions in complex systems like brakes or cables can lead to sudden drops or uncontrolled movements.
Inadequate Maintenance: Neglecting regular inspections and repairs creates dangerous conditions.
Negligence: Improper operation or failure to respond to malfunctions can cause accidents.
Design Flaws: Poorly designed elevators can pose inherent risks to users.

Common types of elevator accidents include falls down elevator shafts, getting caught in moving parts, sudden stops, and collapses. These accidents can lead to injuries such as broken bones, traumatic brain injuries, spinal cord damage, and even death.

The $10.6 Million Verdict: A Case Study in Elevator Negligence

The Tufaro case highlights the potential consequences of negligent elevator maintenance. Tufaro’s attorneys successfully argued that Schindler Elevator Corporation failed to properly maintain the elevator, leading to the malfunction that caused his injuries. The initial jury award of $2.8 million to Mr. Tufaro and $950,000 to his wife in 2012 was overturned. However, the second trial in 2014 resulted in a $7.75 million jury verdict for the Tufaros, which increased to $10.6 million due to accrued interest. The New Jersey Superior Court denied Schindler’s motion for a new trial, stating that the arguments raised had already been decided by the court and that the damages were not excessive.

This case underscores the importance of holding negligent parties accountable for elevator accidents and sends a clear message that companies responsible for elevator maintenance must prioritize safety.

What Are Your Rights After an Elevator Accident?

If you or a loved one has been injured in an elevator accident, it’s crucial to understand your legal rights and take appropriate action. Here’s what you need to know:

Seek Medical Attention Immediately: Your health is the top priority. Even if you don’t think you’re seriously injured, it’s essential to get a medical evaluation. Some injuries, like concussions or internal damage, may not be immediately apparent. Prompt medical attention also creates a record of your injuries, which is crucial for a legal claim.
Report the Incident: Notify the building owner, property manager, or security personnel immediately after the accident. Make sure to document the incident and obtain a copy of the report. Unreported accidents can make it harder to prove liability later on.
Gather Evidence: Collect as much evidence as possible at the scene of the accident. Take photos and videos of the elevator, any visible defects, and the surrounding area. Get contact information from witnesses. Save any clothing or personal items involved in the accident.
Consult a Personal Injury Attorney: Elevator accident cases can be complex, involving multiple parties and legal theories. An experienced attorney can evaluate your case, determine the best course of action, and fight for your rights.

Who Is Liable for an Elevator Accident?

Determining liability in an elevator accident requires a thorough investigation. Potentially liable parties may include:

Property Owners and Managers: They are responsible for ensuring that elevators in their buildings are safe and properly maintained. Failure to schedule regular inspections, perform necessary maintenance, or address known issues can make them liable for accidents.
Elevator Maintenance Companies: These companies are contracted to inspect, maintain, and repair elevators. Negligence in performing these duties can lead to accidents.
Elevator Manufacturers: If a design or manufacturing defect contributed to the accident, the manufacturer of the elevator or its components could be held liable under product liability laws.

To establish liability, you must prove that the responsible party owed you a duty of care, breached that duty through negligence, and that their negligence directly caused your injuries and damages.

What Compensation Can You Recover?

If you’ve been injured in an elevator accident, you may be entitled to compensation for a range of damages, including:

Medical Expenses: Coverage for past and future 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, emotional distress, and mental anguish caused by the accident.
Property Damage: Reimbursement for personal property damaged in the accident.
Wrongful Death: In cases where an elevator accident results in a fatality, surviving family members may pursue a wrongful death claim to seek compensation for their losses, including medical and funeral expenses, loss of companionship, and lost future income.

Preventing Elevator Accidents: A Shared Responsibility

While accidents can happen, many elevator incidents are preventable. Building owners, maintenance companies, and passengers all have a role to play in ensuring elevator safety.

Regular Inspections and Maintenance: Property owners must ensure that elevators are inspected and maintained regularly by qualified professionals.
Adherence to Safety Codes: Compliance with elevator safety codes, such as ASME A17.1 and CSA B44, is crucial for ensuring safe design, installation, and operation.
Passenger Awareness: Passengers should be aware of elevator safety guidelines, such as not overloading the elevator, avoiding distractions, and reporting any unusual behavior to building management.

Navigating the Legal Process

Filing a personal injury claim after an elevator accident can be a complex process. Here are some essential steps to take:

Preserve Evidence: Gather and preserve all evidence related to the accident, including photos, videos, witness statements, and medical records.
Identify Liable Parties: Determine who was responsible for the accident and gather information about their insurance coverage.
File a Claim: Submit a formal claim to the responsible party’s insurance company, outlining your injuries and damages.
Negotiate a Settlement: Work with your attorney to negotiate a fair settlement with the insurance company.
File a Lawsuit: If a settlement cannot be reached, file a lawsuit to protect your legal rights and pursue compensation in court.

Conclusion: Don’t Wait, Know Your Rights

Elevator accidents can have devastating consequences, but you don’t have to face the aftermath alone. Understanding your rights, taking prompt action, and seeking experienced legal representation can help you secure the compensation you deserve and hold negligent parties accountable. If you or a loved one has been injured in an elevator accident, don’t wait to seek legal advice. Contact a qualified personal injury attorney today to discuss your case and explore your options.