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Elevator Accident Attorney

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Elevator Injury Lawyer

People use elevators every day, and little thought is given to the likelihood of an elevator accident. The risk of accidents occurring in an elevator ride is much more common than the typical person realizes. According to the National Institute for Occupational Safety and Health, a division of the Centers for Disease Control, there are over 17,000 injuries per year due to unsafe escalators and elevators.

There are no rules put in place by the Consumer Product Safety Commission to regulate public elevators, although states and local municipalities may require regular inspections. Without federal oversight, there are no routine federal inspections or parts recalls that take place after an elevator accident occurs. Because there is no CPSC involvement, the public is given very little information concerning elevator defects.

If you’ve suffered an injury from an escalator or elevator accident, you may qualify to recover compensation for damages. This article will provide useful information to those looking to pursue an elevator accident lawsuit.

What is Classified as an Elevator?

An elevator is described as being a cage or car installed in a building and is used to transport individuals or objects vertically. In general, there are three types:

Automatic – There is no attendant, and individual passengers operate the elevator.

Manual – There is an attendant that operates the elevator and passengers give directions

Escalator – Not technically an elevator, but an electronic staircase that moves people upward and usually has similar liability issues

Potential Elevator Defects

  • Faulty wiring
  • Unbalanced leveling
  • Pulley system defect or error
  • Faulty doors
  • Electrocution risks
  • Intercom malfunctions
  • Improper or incomplete repairs
  • Lack of safety features

When elevators are improperly leveled, the elevator floor comes to a stop slightly above or slightly below the building’s floor. Individuals entering or exiting the elevator car are thus at a high risk of tripping and falling. Low oil levels and valve leaks in hydraulic elevators can cause this improper leveling, while defective or worn out brakes in older models can be the culprit.

Most Common Elevator Accident Causes

  • Improper installation
  • Design defect
  • Lack of appropriate warnings
  • Power failure
  • Sudden stops
  • Inadequate handrails
  • Faulty wiring
  • Manufacturing defect
  • Inadequate maintenance and inspection
  • Sudden dropping of the elevator car
  • Inadequate training of maintenance personnel
  • Lack of fall protection
  • Malfunctioning sliding doors

Elevator doors are fitted with safety devices such as door sensors to ensure that passengers can safely enter or leave the elevator. However, these safety devices have malfunctioned and allowed the door to shut on individuals. When the door closes rapidly at high speed, it can seriously injure the person who gets hit and knocked down. In addition, this scenario creates the possibility for a horrific tragedy should the elevator then attempt to move up or down.

The speed at which an elevator moves can significantly control the risk of an accident. Elevators have been known to go much faster than they are supposed to, and they have also stopped far too abruptly as they malfunctioned. In such cases, occupants have been violently thrown to the floor of the unit. Elevator cars have dropped several levels at high speed then crashed at the bottom of the shaft. The victims sustained severe back, neck, leg, brain, and spinal injuries.

Escalator and Elevator Accident Injuries

Depending on the type of elevator accident, the injuries a victim suffers can vary. Among the most common injuries received in an elevator accident are:

  • Back and neck injuries
  • Lacerations and contusions
  • Fractured bones
  • Crushed limbs or digits
  • Head and brain injuries, including concussion
  • Paralysis or spinal cord injuries
  • Electrocution
  • Amputation
  • Sprains and strains

Who is at Risk for Elevator Accidents?

Anyone who uses elevators is at risk of being injured. Statistics exist that show the particular circumstances in which an individual is most likely to be harmed while using an elevator. Individuals most frequently become injured include:

  1. Workers installing or repairing elevators
  2. Employees who use elevators at work daily
  3. Apartment residents and hotel guests staying in buildings with elevators
  4. Senior citizens may get hurt when their canes or walkers get trapped in closing doors

Locations where elevator accidents are most prone include:

  • Office buildings
  • Large apartment buildings
  • Hotels
  • Airports
  • Malls
  • Schools

Safety and Injury Prevention

Here are recommendations to help prevent escalator and elevator injuries. Because many of these types of accidents are work-related, it is suggested to stress extensive training and protective practices in the workplace.

Power to the elevator unit should be completely shut off during any maintenance procedures or repairs. Electrical circuits need to be de-energized and locked out when elevators are being repaired or are not in service.

Signs are critical for warning individuals about units during servicing. In addition, only trained and qualified staff should be allowed to perform maintenance procedures.

Who is Liable When an Elevator Accident Occurs?

Varying factors come into play when determining who is liable in the case of an elevator accident. One factor is the nature of the event. Some of the individuals or entities that could be potentially liable include:

  • Owner of the property where the elevator is located
  • Maintenance company charged with inspecting or repairing the elevator
  • Manufacturers
  • Designers
  • Attendants operating a manual elevator
  • Installation company

It is important to speak with an experienced elevator injury lawyer to determine the liable parties in your case.

Elevator Accident Legal Claims

A few factors determine what type of claim individuals should file if they are victims of escalator or elevator accidents. Such factors include who and what caused the accidents that resulted in injury. When injured parties hire experienced legal help, their elevator injury lawyers diligently investigate the accidents’ circumstances and determine whether defects exist in the design or manufacturing of the units, or if there is a warning defect. If any of these apply, there may be a product liability claim against the elevator’s manufacturer or designer.

When a defect occurs because of one specific part, there could potentially be a defective product claim filed against the particular part’s manufacturer. Claims surrounding product liability are based on negligence, breach of warranty, and strict liability.

Suppose an escalator or elevator was not inspected and maintained correctly. Your elevator injury lawyer will help you file a premises liability claim against the manager, owner, or tenant of the property. This kind of claim can be complicated, though. A landowner owes different types of duty to various individuals, depending upon whether the person is trespassing or invited or a licensee. A skilled legal team will investigate an injured party’s status on the property and can then determine the duty of care owed by the owner and whether it was violated.

Should someone else’s carelessness have caused the accident, like a maintenance man stopping the elevator suddenly, there may be the potential for a personal injury claim to be filed against the worker or his employer. This type of claim is usually based on negligence and alleges that the worker failed to act reasonably as any other rational individual would in similar circumstances.

How Can an Elevator Injury Lawyer Help?

The legal team at The Eichholz Law Firm has years of experience in injury law to effectively provide you with the services you need to pursue justice and compensation for damages. We will take the burden off you and do the following:

  • Gather evidence required to present your case accurately, including inspection records, load testing reports, repair and maintenance history, contracts between the elevator company and the property owner, and any proposed renovations needed on the elevator.
  • Use our knowledge of regulations and industry practices, along with our research abilities, to delve into various rules or laws that might appear to hinder a claim, then advocate bringing about the proper compensation the law allows.
  • Face off with the corporation that injured you, plus go toe-to-toe with any insurance companies involved, to allow you to recover damages.
  • Help prevent other individuals from becoming victims of an elevator accident.
  • Allow you to receive the full amount of compensation you are entitled to by law for all the medical expenses, therapy bills, rehabilitation costs, lost wages from missed work, emotional distress, and pain and suffering you have experienced due to the injury.

Compensation From an Elevator Accident

If you or a family member received an injury involving an escalator or elevator, it is advisable that you immediately consult an elevator injury lawyer to determine if negligence by the other party was involved. Our attorneys can talk to you about the various types of compensation available to help assess your claim’s probable value.

You may be entitled to receive compensation for the following:

  • Medical costs
  • Loss of wages
  • Loss of future earning ability
  • Disability
  • Pain and Suffering
  • Reduced quality of life
  • Disfigurement and scarring

Our elevator injury lawyers can help document your expenses and help you determine the potential value of your claim. If necessary, we will bring in an expert witness to help present your non-economic damages to the court. Contact us, and we will discuss with you factors that can increase or decrease the potential compensation in your case. 

Please seek the advice of a medical professional before making health care decisions.
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