Malfunctioning Elevators: Finding a Lawyer

Are you stuck with injuries from a malfunctioning elevator? You may need a lawyer.

Elevators are a ubiquitous part of modern life, silently and efficiently transporting us between floors in office buildings, apartment complexes, hospitals, and shopping malls. We step into them without a second thought, trusting in their safety and reliability. However, when elevators malfunction, the consequences can be severe. According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, approximately 17,000 people are seriously injured in elevator-related incidents each year. If you’ve been injured in an elevator accident, you may be wondering about your legal options and whether you need a lawyer.

Understanding Elevator Accidents

Elevator accidents can occur due to a variety of factors, often stemming from negligence in maintenance, design flaws, or faulty equipment. Common causes include:

Misleveling: When an elevator fails to stop level with the floor, it creates a trip hazard, especially dangerous for the elderly or those with mobility issues. Roughly 25% of all elevator incidents involve misleveling.
Door Malfunctions: Doors that close too quickly, fail to reopen when obstructed, or open at the wrong time can cause injuries.
Sudden Stops or Drops: Mechanical failures, such as issues with the cables or braking system, can cause elevators to stop abruptly or even drop, leading to serious injuries.
Free Falls: Although rare due to safety mechanisms, cable or brake system failures can lead to a free fall, which is potentially deadly.
Lack of Maintenance: Failure to regularly inspect and maintain elevators can lead to worn parts, electrical problems, and other hazards.
Electrical Malfunctions: Faulty wiring or other electrical issues can cause electrocution or other dangerous situations.

Common Injuries in Elevator Accidents

The types of injuries sustained in elevator accidents can vary widely depending on the nature of the malfunction. Some common injuries include:

Broken Bones: Falls, sudden stops, or being caught in doors can result in fractures.
Head Trauma: Impacts from falls or being struck by parts of the elevator can cause concussions or more severe traumatic brain injuries (TBIs).
Spinal Cord Injuries: Sudden stops or drops can cause serious damage to the spinal cord, potentially leading to paralysis.
Lacerations and Bruises: These can occur from being caught in doors or falling within the elevator car.
Emotional Distress: Being trapped in an elevator or experiencing a sudden malfunction can cause anxiety, panic attacks, or even post-traumatic stress disorder (PTSD).

Determining Liability in Elevator Accidents

Establishing liability is a critical step in pursuing a personal injury claim after an elevator accident. Several parties may be held responsible, including:

Property Owners: Building owners have a duty to maintain a safe environment for tenants and visitors, including ensuring that elevators are regularly inspected and properly maintained. In New York City, property owners are required to maintain active maintenance contracts and detailed logs, and adhere to strict inspection regulations.
Maintenance Companies: If the property owner contracts with an outside company for elevator maintenance, that company may be liable if their negligence contributed to the accident.
Elevator Manufacturers: If the accident was caused by a defect in the elevator’s design or manufacturing, the manufacturer may be held liable.
Management Companies: If a management company is responsible for the day-to-day operations of a building, they may also be liable for negligence related to elevator maintenance and safety.

To prove liability, it must be shown that the responsible party was negligent in their duty of care, and that this negligence directly caused the injuries. This often involves gathering evidence such as maintenance records, inspection logs, witness statements, and expert testimony.

Why You Need a Lawyer

Navigating the legal complexities of an elevator accident case can be challenging. An experienced personal injury lawyer can provide invaluable assistance by:

Investigating the Accident: A lawyer can conduct a thorough investigation to determine the cause of the accident and identify all potentially liable parties.
Gathering Evidence: They can collect and preserve crucial evidence, such as maintenance records, inspection logs, and witness statements.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in personal injury cases. A lawyer can negotiate on your behalf to ensure you receive a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.
Understanding Elevator Codes and Regulations: Elevator safety codes mandate that emergency signaling devices comply with ASME A17.1/CSA B44 2019 standards.
Assessing Damages: A lawyer can help you calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care costs.

What to Do After an Elevator Accident

If you’ve been involved in an elevator accident, here are some important steps to take:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention and document your injuries.
Report the Accident: Notify the property owner, building manager, or security personnel immediately.
Document the Scene: Take photos or videos of the elevator and surrounding area, noting any visible defects or hazards.
Gather Information: Obtain contact information for any witnesses.
Preserve Evidence: Save any clothing, footwear, or personal items involved in the accident.
Contact a Lawyer: Speak with an experienced personal injury attorney to evaluate your case and determine the best course of action.

Compensation Available to Elevator Accident Victims

Victims of elevator accidents may be entitled to various types of compensation, including:

Medical Expenses: Coverage for past and future medical bills related to the injuries.
Lost Wages: Reimbursement for lost income due to being unable to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
Punitive Damages: In some cases, punitive damages may be awarded if the responsible party’s conduct was particularly egregious.

Finding the Right Lawyer

When searching for a lawyer to represent you in an elevator accident case, consider the following:

Experience: Look for a lawyer with a proven track record of handling personal injury cases, particularly those involving elevator accidents.
Expertise: Ensure the lawyer is knowledgeable about elevator safety codes, regulations, and liability laws.
Resources: Choose a firm with the resources to conduct a thorough investigation and build a strong case.
Communication: Find a lawyer who is responsive, communicative, and keeps you informed throughout the process.

Don’t Wait, Take Action

If you or a loved one has been injured in an elevator accident, don’t wait to seek legal assistance. Contact an experienced personal injury lawyer today to discuss your rights and options. A malfunctioning elevator can cause serious harm, and you deserve to be compensated for your injuries. With the right legal representation, you can navigate the complexities of the legal system and pursue the justice you deserve.