Elevator Accident Attorney
Elevator accident Attorney Overview
Elevator accidents might not seem common but they happen more often than people think. According to statistics from the U.S. Consumer Product Safety Commission (CPSC), elevator and escalator related injuries have been on the rise from 2007 to 2017. In fact, they increased 30% over that time period. Moreover, an average of over 23,000 escalator or elevator related accidents occur annually. Only a knowledgeable elevator accident attorney can successfully navigate these unique personal injury claims.
An elevator or escalator accident victim is powerless to stop the machine from operating during such an incident. It is a frightening and helpless feeling. That is why these accidents often cause catastrophic injuries and death. Any malfunctioning equipment must be inspected almost immediately to identify the cause of the issue. That evidence will be critical if the case proceeds to trial.
Elevator Accident Causes
Some of the most common causes of elevator accidents and escalator accidents involve:
- Falls down elevator shafts or escalator collapse
- Free-falling elevator cabs
- Getting caught between elevator doors or esclator steps
- Mis-alignment between the elevator cab with the intended floor destination
Practically all of these are from malfunctions. Similarly, those malfunctions arise from inadequate maintenance or lack of maintenance altogether. When these elevator accidents occur, a victim may be able to pursue a claim under premises liability negligence principles.
Elevator Maintenance Requirements
Florida has specific requirements for elevator safety and maintenance. They are codified in both the Florida Elevator Safety Act and the Florida Elevator Safety Code. Moreover, these laws apply to the companies who manufacture and service the elevators as well as the property owners. Property owners are particularly responsible for ensuring that equipment is regularly and appropriately maintained. Additionally, elevators on all properties must undergo regular inspections by certified elevator inspectors. Finally, elevators have to be re-registered annually and have the required certifications and maintenance records with the applicable regulatory authorities on a state and local level.
Who Is Responsible
Any victim of an elevator or escalator accident who suffered injuries will usually have claims against multiple parties. Such parties include the elevator maintenance company and the owner of the property where the accident occurred. First, the potential Defendant must owe a duty of care to the victim. The highest duty of care is owed to invitees, which are those individuals who expressly or impliedly invited on property. Second, a victim must demonstrate that the Defendant breached that duty of care by failing to conduct reasonable maintenance on their equipment, and/or failing to repair or investigate an issue which they knew or should have discovered previously.
In sum, a property owner cannot simply ignore maintenance requirements. They also cannot disregard complaints about their escalators and escalators functioning improperly. Such actions always give rise to liability when an injury occurs.
Recoverable Damages
Though these accidents occur less often than other types of personal injury cases, they usually come with more significant injuries. For instance, crush injuries and fatalities can and do happen when these machines malfunction. Like other personal injury claims, elevator accident victims can recover bills for past and future medical treatment resulting from the injury. In addition, a victim may recover lost wages in certain circumstances. Cases where the victim misses work or suffers permanent disability certainly qualify. Moreover, non-economic losses from these accidents are considerable. Those damages involve pain and suffering as well as mental anguish and loss of enjoyment from the injury.
Summary
Elevator accident and escalator accident injury claims are very serious. Therefore, retaining an experienced attorney to investigate and pursue the wrongdoers for such claims cannot be overstated.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced elevator accident attorney.
Let's Discuss your case
Responsive, reliable, and aggressive to get you on the right path to recovery.
