A mechanic was killed and another worker injured after an elevator in a Bronx apartment building fell on top of them as they performed work in the shaft. According to a report in Gothamist.com, the 25-year-old mechanic and his colleague were working inside the six-story apartment building in the 130th block of East Clarke Place in Mount Eden when the elevator accident occurred.
Fatal Elevator Accident
Officials said the victims were doing modernization work on the elevator, which 
was out of service, and it fell on one mechanic and injured a second mechanic. It wasn’t immediately clear how far the elevator fell or what floor the mechanics were on at the time. The 25-year-old man was transported to a local hospital where he was pronounced dead.
The mechanics worked for an elevator repair company that had a permit issued by the New York City Department of Buildings (DOB) in November 2020 for the modernization work. The Department of Buildings is conducting an investigation. The residents at that building have been complaining about that building’s elevator since 2017.
One complaint from January 2020 states that the elevator had not been working for three weeks and that it would turn on for a day and then be out of service again. The complaint also stated that the building has six floors and there are residents there who have multiple health-related issues. A spokesperson for the federal Occupational Safety and Health Administration (OSHA) told Gothamist.com that they have opened an investigation into this incident as well.
Elevator Accidents Occurrence
According to Consumer Watch, on an average, 27 people are killed and 10,200 people are injured each year in elevator accidents in the United States. Most of these accidents occur due to door malfunction, carriage misalignments, or passenger safety issues. A majority of these incidents involve elevator mechanics, construction workers or servicemen. However, passengers are also at risk for serious injuries or death. Nearly 50% of passenger injuries or deaths occur as a result of a victim falling down an elevator shaft.
Determining Liability
Property owners and property managers have a responsibility to make sure that their elevators are well maintained and equipped with necessary safety features. The building owner and property manager or management company may be held accountable for the injuries and losses that occur as a result of an elevator accident and if they had failed to maintain the elevator or didn’t make timely repairs, etc.
Some of the other parties who can be held responsible in such cases include elevator maintenance companies that had performed a repair incorrectly or an elevator manufacturer, especially if any of the components (parts) had not functioned properly due to defective design or manufacturing, etc. In addition, private companies that inspect elevators can also be held liable, especially if it is discovered that they did not perform the inspections properly.
Injured victims of elevator or escalator accidents can file a premises liability lawsuit against at-fault property owners and/or managing agents, etc. and seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, permanent injuries, disabilities, past and future pain and suffering, etc. Those who have lost loved ones in elevator accidents may be able to file wrongful death lawsuits against the negligent (careless) parties seeking compensation for their losses as well.
Workers who have been injured in an accident can seek workers’ compensation benefits from their employer. In addition, workers and their families may be able to file a third-party lawsuit for substantial money damages against a number of parties, and thus have two sources of compensation. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party. Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, etc.
Contacting an Experienced Lawyer
If you or a loved one has been injured in an elevator or escalator accident or suffered injuries as a result of negligence (carelessness) on the part of property owners and/or property managers etc., the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. In an interview by the Canadian television station Global News after a fatal escalator accident in Montreal, Mr. Kenneth A. Wilhelm stated that the installation of emergency stop buttons that are easily located and run the entire length of the escalator stairs may go a long way in preventing escalator accident injuries and fatalities. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://gothamist.com/news/mechanic-killed-after-elevator-falls-him-bronx-apartment-building