Sudden Elevator Stop: Ankle Injury Leads to $1.7M Recovery – What to Do?

Sudden Elevator Stop: Ankle Injury Leads to $1.7M Recovery – What to Do?

Imagine stepping into an elevator, expecting a smooth ride, only to be met with a sudden, jarring halt. For many, this scenario is a minor inconvenience. However, for some, it can lead to serious injuries, like a severe ankle injury. In a notable case, a sudden elevator stop resulted in a $1.7 million recovery for the injured party. This raises critical questions: What causes these sudden stops? What should you do if you’re injured? And what legal options are available?

Elevator Accidents: More Common Than You Think

While elevators are generally considered safe, accidents do occur. According to the Consumer Product Safety Commission and the Bureau of Labor Statistics, approximately 17,000 people sustain elevator-related injuries each year in the U.S. [1]. While fatalities are rare, averaging about 30 per year, the potential for serious injury is real [1, 3, 4, 18].

Common Causes of Sudden Elevator Stops

Several factors can contribute to sudden elevator stops, including:

  • Mechanical failures: Cable failures, brake problems, or power outages can all cause an elevator to stop abruptly [6].
  • Improper maintenance: Neglecting regular inspections and maintenance can lead to worn-out components and malfunctioning safety features [6].
  • Electrical issues: Electrical faults can disrupt elevator operation, leading to sudden stops [6].
  • Door malfunctions: Faulty door sensors or mechanisms can cause doors to close too quickly or unexpectedly, or to open when the elevator is not aligned with the floor [2, 3].
  • Misleveling: When an elevator doesn’t align correctly with the floor, it can create a tripping hazard and lead to falls [2, 3].
  • Human error: Incorrect use of controls or improper maintenance procedures can also contribute to accidents [6].

Ankle Injuries: A Common Consequence

A sudden elevator stop can throw passengers off balance, leading to various injuries, with ankle injuries being particularly common [3, 16, 42]. These injuries can range from mild sprains to severe fractures, significantly impacting mobility and quality of life [8, 36, 40].

  • Sprains: Occur when the ligaments supporting the ankle are stretched or torn [8, 30, 32, 36, 40]. They are classified into grades based on severity:
    • Grade 1 (Mild): Slight stretching of ligaments, minor swelling, and tenderness [8, 30, 40].
    • Grade 2 (Moderate): Partial ligament tear, swelling, and pain upon movement [8, 30, 40].
    • Grade 3 (Severe): Complete ligament tear, significant swelling, pain, and difficulty walking [8, 30, 40].
  • Fractures: Involve a break in one or more of the bones in the ankle joint [8, 32, 36]. These can range from hairline stress fractures to acute fractures caused by forceful impact [8, 32]. Common types of ankle fractures from falls include breaks in the lateral malleolus (lower fibula), medial malleolus (lower tibia), or plafond/pilon fractures (center of the lower tibia) [8]. Trimalleolar fractures involve breaks in the lateral, medial, and posterior malleolus areas [8].

What to Do After a Sudden Elevator Stop and Ankle Injury

If you experience a sudden elevator stop and sustain an ankle injury, here’s what you should do:

  1. Seek immediate medical attention: Even if the injury seems minor, it’s crucial to get it checked by a doctor. Some injuries may not be immediately apparent, and prompt diagnosis and treatment can prevent further complications [16, 22].
  2. Report the incident: Notify the building owner, property manager, or security personnel immediately. Ensure they create a written incident report and request a copy for your records [16, 22].
  3. Document the scene: If possible, use your phone to take photos and videos of the elevator, any visible defects (e.g., misleveling), warning signs (or lack thereof), and your injuries [16, 22].
  4. Collect witness information: If there were other passengers or witnesses, gather their contact information. Their accounts can be valuable in supporting your claim [22, 42].
  5. Contact an experienced personal injury attorney: A lawyer can help you understand your legal rights, investigate the accident, and pursue compensation for your injuries [2, 3, 12, 19, 20, 22, 27, 42, 44].

Legal Options and Compensation

If your ankle injury was caused by negligence, you may be entitled to compensation for:

  • Medical expenses: Including hospital stays, surgery, rehabilitation, physical therapy, and ongoing care [3, 9, 22, 24].
  • Lost wages: Compensation for time missed from work and potential future earnings if the injury prevents you from returning to your job [3, 9, 22, 24].
  • Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life [3, 9, 22, 24].
  • Property damage: Reimbursement for any damaged personal belongings [3].
  • Assistive care: Costs for necessary assistance with daily living activities [3].

Who is Liable?

Several parties could be held liable for an elevator accident, including [3, 16, 20]:

  • Building owners or lessees: Responsible for maintaining a safe property and warning visitors of any known hazards [3, 12, 16].
  • Elevator maintenance and repair companies: If the building owner hires an outside company, that company can be held responsible for negligent maintenance or repairs [3, 16].
  • Elevator manufacturers or sellers: Manufacturers are responsible for the safety of their elevators, even if the warranty has expired [3, 16].

Proving Negligence

To win an elevator accident case, you typically need to prove negligence [3, 12, 16, 20, 26]. This involves demonstrating that the liable party owed you a duty of care, breached that duty, and that their breach directly caused your injuries and damages [3, 12, 16, 20, 26]. Evidence such as maintenance records, inspection reports, and expert testimony can be crucial in establishing negligence [15, 25, 29, 34].

Average Settlement for Ankle Injury

The average compensation for an ankle injury settlement can vary widely depending on the severity of the injury, medical costs, lost wages, and other factors [7, 9, 10, 17]. Minor sprains may result in settlements between $10,000 and $25,000, while fractures requiring surgery can lead to settlements ranging from $100,000 to $200,000 or more [7, 17]. In particularly severe cases with long-term complications, settlements can exceed $1 million [7, 17].

Elevator Safety Regulations and Maintenance

To prevent elevator accidents, strict safety regulations and maintenance protocols are essential [5, 11, 31, 33, 37, 38, 39]. These regulations, such as ASME A17.1 and CSA B44, cover various aspects of elevator design, installation, operation, inspection, testing, and maintenance [5, 11, 31, 33]. Regular inspections, performed by certified professionals, are crucial for identifying potential issues before they lead to accidents [5, 11, 33, 35, 37, 38, 39, 41].

Key Safety Measures

  • Regular inspections: Elevators should be thoroughly inspected at least once a year, with additional monthly inspections for satisfactory operation [35, 41].
  • Preventive maintenance: Proactive maintenance, including regular check-ups, lubrication, and adjustments, can significantly reduce the risk of breakdowns [37, 38].
  • Emergency communication systems: Elevators must have systems that allow passengers to communicate directly with operators or emergency personnel [5, 33].
  • Load capacity: Elevators must adhere to load capacity and weight compliance to prevent strain on components [11].
  • Fire safety: Fire-rated elevator doors, automatic recall systems, and emergency power backups are crucial for fire safety [11].

Conclusion

A sudden elevator stop can lead to unexpected and serious injuries, including ankle injuries. Understanding the causes of these incidents, knowing what to do if you’re injured, and being aware of your legal options are crucial steps in protecting your rights and seeking fair compensation. By prioritizing elevator safety, adhering to regulations, and ensuring regular maintenance, we can work towards minimizing the risk of these accidents and creating a safer environment for everyone.