Elderly Man Killed in Bronx Elevator Accident

 An elderly public housing tenant was killed in a Bronx elevator accident after falling and cracking his skull in an elevator that had been serviced by repairmen just the day before. According to a report in the New York Daily News, the 81-year-old man had left his fifth-floor apartment on Boston Road just before the incident occurred. He tripped and fell into the elevator, which was not level with the floor.
The man crawled out of the elevator leaving a trail of blood to a first floor apartment. Neighbors tried to help the victim and he was transported to a local hospital where he died the following day. The city’s medical examiner ruled that the man died of bleeding in the brain due to blunt impact to his head. The man was also on anticoagulant drugs for treatment of heart disease.

Faulty Regulator
Two days before the elderly tenant died, a mechanic had been sent to examine the elevator at Boston Road Plaza in response to tenant complaints. The mechanic discovered the lift’s door would not open properly and called for a special services unit to fix the issue. The special services unit replaced a device in the elevator called the regulator, which essentially controls its speed.
The elevator was then put back in service. After the accident, investigators with the city’s Department of Buildings examined the elevator’s machinery and determined that the newly installed regulator was faulty. Investigators also found that a safety device called a rope grip that would have prevented the car from slipping into an uneven position could have been installed in the car, but was not. The buildings department is now looking at all 3,314 of its elevators to see which ones could be retrofitted with a rope grip device.
Why Elevator Accidents Occur
As we saw in this case, elevator accidents can have catastrophic or fatal consequences. A number of these tragedies are preventable with proper elevator maintenance. Property owners and/or property managers have a responsibility and legal obligation to properly maintain their premises. Lack of proper maintenance is one of the most common causes of elevator accidents. Elevators also require routine inspections to ensure that they are in good working order. In this particular case, it appears that the elevator was serviced only two days before the fatal accident. However, officials determined that the parts used for the elevator were defective and that servicemen had failed to install a crucial safety device that could have prevented this tragic fatality.
Potentially Liable Parties
If you have been injured in an elevator accident caused by a property owner, elevator maintenance company, and/or property manager’s negligence, or if you have lost a loved one in an elevator accident, then you can file a premises liability claim against the owner, elevator maintenance company and/or manager. To prove a premises liability claim, a plaintiff must show that there was negligence on the part of the property owner and/or property manager and/or elevator maintenance company and that their negligence caused or contributed to the accident, injuries and losses. For example, if a property owner and/or property manager knew there was an open elevator shaft, but failed to put up a sign warning visitors, tenants and guests, then they can be held financially responsible for any accidents that result.
If a defective elevator part caused or contributed to an accident, the company that manufactured the faulty part can also be held liable for a victim’s injuries or wrongful death. In some cases, a maintenance company, which failed to make the proper repairs or installations, may also be held accountable. A knowledgeable elevator accident attorney will be able to carefully analyze all aspects of a case and help determine the potentially liable parties.
Compensation for Injured Victims
Elevator accidents can result in serious injuries such as head injuries, spinal cord trauma, broken bones, internal organ damage, amputations or even death. These accidents can result in permanent injuries, disabilities and disfigurement as well. Injured victims of elevator accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can seek compensation by filing a wrongful death claim.
If you or a loved one has been injured in a New York elevator accident, please contact the experienced personal injury attorneys at the Law Offices of Kenneth A. Wilhelm to obtain more information about pursuing your legal rights. Our law firm did recover $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft.
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 cases in 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: New York Daily News