Elevator accidents are more common than many people realize. Although old, poorly maintained elevators often cause these accidents, sometimes the elevator’s poor design causes the accident. Victims of elevator accidents have the right to pursue damages from the responsible negligent party.
If you’ve been seriously injured in an elevator accident, you will benefit from speaking to a personal injury attorney. At Dell & Dean, PLLC, our skilled attorneys are prepared to thoroughly investigate the accident and aggressively pursue the maximum compensation possible. With our excellent track record in litigating elevator accident cases, you can trust us to fight for your rights.
Victims of Elevator Accidents: You Have the Right to Seek Compensation for Your Injuries
Approximately 17,000 people are injured, and 30 people are killed in elevator accidents every year in the United States. New York has the largest number of elevators of any state in North America. Elevators need to be correctly serviced and maintained for passengers and employees. When accidents occur, victims need to know their legal options.
Victims may have the right to pursue an insurance claim through the property owner’s commercial insurance policy. They can also seek compensation from the person or company whose negligence caused the accident. Negligent parties could include the property owner who failed to properly maintain the elevator or the manufacturer who made a defective elevator or elevator part.
Common Causes of Elevator Accidents
Elevators need to be carefully maintained and regularly checked by knowledgeable professionals to stay in working order. Defective one of the many working parts can make the elevator extremely dangerous.
Owners of buildings with elevators have a legal obligation to maintain them in a safe manner and post clear warning signs when they are unsafe to use. When they fail to fulfill these duties to customers and guests, they can be held liable through a premises liability lawsuit. We’ll discuss some of the leading ways property owners breach their duty of care.
Misleveling Can Make Elevators Dangerous
Misleveling is a common issue in older elevators in buildings built before 1960. This problem happens when the elevator’s braking system miscalculates when it should brake. Newer elevators can have this problem when there is a failure to lubricate the hydraulic system or oil leakage. Then victims slip and fall or trip because an elevator isn’t level; they can suffer broken bones, a traumatic brain injury (TBI), back and spinal cord injuries, and other injuries.
Elevator Accidents Caused By Excessive Speed
When the elevator car exceeds recommended and safe speeds, it can suddenly stop. The jerk of the stop can cause passengers to fall onto the floor or crash into the sides of the elevator, potentially causing injury. Elevators traveling at excessive speeds can also fail to stop at the intended floor level and crash to the bottom of the shaft, causing devastating injuries.
Defective Elevator Doors Can Cause Injuries
Most of us have rushed to get into an elevator as the doors are closing, asking someone inside to press the “open door” button. We don’t consider closing elevator doors dangerous because they should have a sensor that stops them from closing if something obstructs the doorway. Unfortunately, this isn’t always the case.
When elevator doors are defective, they can open close or open too quickly, trapping victims trying to exit or enter the elevator between the doors. When elevator doors fail to open all the way, elevators can start moving while someone is caught in the doors, which can be dangerous. When an elevator door entraps a person, they can suffer bone fractures, internal organ damage, traumatic brain injuries, or even death.
The Elevator Falls Into the Shaft
One of the most dangerous elevator accidents occurs when an individual or an elevator falls into the shaft. These types of accidents can happen in several different ways, including the following:
- The elevator stops
- The elevator door opens between floors, and the victim in the elevator steps out of it and falls into the shaft.
- Someone tries to open the elevator shaft door illegally
- An untrained individual tries to rescue an individual trapped in an elevator
When an individual falls into the shaft of an elevator, they usually suffer fatal injuries because of the height of the fall.
Who Is Liable for Elevator Accident Injuries in New York?
At Dell & Dean, PLLC, we understand that determining liability is crucial in your pursuit of compensation. Our experienced attorneys have the resources and expertise to meticulously investigate your case and identify the parties responsible for your injuries. Whether it’s the building owner, renter, or property management company, we’ll leave no stone unturned to ensure you get the justice you deserve.
Through a “premises liability” case, victims can hold property owners liable for failing to maintain a safe and hazard-free environment on their property. For example, if the defendant failed to maintain their elevators properly, victims can hold them liable.
Holding Manufacturers and Repair Companies Liable
If the building owner or renter hired an outside maintenance company and the company failed to maintain the elevator properly, they can be held legally responsible. For example, they can be held responsible if they failed to service the elevator based on recommended maintenance schedules or negligently repaired the faulty elevator.
Product manufacturers are legally obligated to manufacture safe elevators, including when the product is outside the warranty period. If you’ve been injured by a defectively manufactured or poorly designed elevator, you have the right to pursue damages from the manufacturer in a product liability lawsuit.
Contact Our Long Island & New York Elevator Accident Attorneys
If you or your loved one have been injured in an elevator accident in New York, Dell & Dean, PLLC is prepared to represent you. If you would like to discuss your injury in more detail, don’t hesitate to contact the skilled personal injury attorneys at Dell & Dean, PLLC, to schedule a complimentary case evaluation.
Dell & Dean, PLLC, represents clients throughout Nassau County, Suffolk County, and Garden City on Long Island, as well as the boroughs of New York: Queens, Brooklyn, Staten Island, Manhattan, and the Bronx.
