Elevators are a part of daily life in New York City. With thousands of high-rises, offices, apartment complexes and commercial buildings relying on elevators, the risk of being involved in an elevator accident remains high. Whether the injury incident involves a sudden drop, door malfunction, entrapment or tripping hazard, etc. knowing what steps to take next can help protect your rights and let you better navigate what follows.
Prioritize Immediate Safety
The first priority after any elevator accident is safety. If you are injured but able to move, assess your surroundings. Try to remain calm. If the elevator stalls or drops suddenly, panic can worsen the situation. Take deep breaths and remain as calm as possible. Most elevators are equipped with an emergency alarm or intercom to contact building staff or emergency responders. Trying to open the doors without help may increase the risk of injury. Wait for trained personnel to assist. If you or others are hurt, call emergency services right away.
Seek Medical Attention Immediately
Even if your injuries seem minor, it’s essential to get checked by a medical professional. Go to the emergency room or urgent care. Head, neck and back injuries may not show symptoms immediately but can worsen over time. Keep all appointments, follow treatment plans and request copies of your medical records. Maintain a journal of pain levels, mobility issues or emotional distress following the accident.
Report the Elevator Accident
In New York City, building owners and management are legally responsible for elevator safety. Reporting the incident creates an official record. Notify building management or security. Report the accident in writing, including the date, time and elevator number if available. Be sure to request a copy of the report. This documentation is crucial if you pursue compensation later. Contact the New York City Department of Buildings (DOB). The DOB regulates elevator inspections and safety. Filing a complaint can prompt an official investigation.
Gather Evidence
Evidence is critical in proving negligence (carelessness) and liability in an elevator accident. As soon as you are able, take photos and videos. Capture images of the elevator interior, malfunctioning doors, warning signs (or lack thereof) and any visible injuries. Collect names, phone numbers and email addresses of people who saw the incident. Save clothing and personal items that were damaged in the accident as potential evidence. Request elevator maintenance logs, inspection reports and service contracts, which may reveal negligence (carelessness) or violations.
What Causes Elevator Accidents?
Some common causes of elevator accidents in New York City include, but are not limited to:
• Poor maintenance or missed inspections
• Faulty door sensors
• Sudden stops or drops
• Wiring or electrical malfunctions
• Uneven leveling with floors
• Overloaded elevators
Determining the cause is key to identifying who is responsible — building owners/managers, maintenance companies, manufacturers or other potential parties.
Know Your Legal Rights
New York law requires property owners/managers to maintain elevators in safe working order. If negligence (carelessness) caused the accident, you may have grounds for a personal injury claim. Possible compensation includes, but is not limited to, medical expenses, lost wages and benefits, hospitalization and rehabilitation costs, past and future pain and suffering, etc. Victims of fatal elevator accidents may also bring wrongful death claims.
Elevator accident cases can be complex, often involving multiple parties and technical details. An experienced New York City personal injury lawyer can help investigate the accident and obtain inspection records; work with engineering and elevator experts to establish fault; handle communication with insurance companies; and negotiate settlements or take the case to trial if necessary.
Contacting an Experienced Lawyer
If you or a loved one has been injured in an elevator/escalator accident or suffered injuries as a result of negligence (carelessness) on the part of property owners and/or property managers, elevator maintenance companies, 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. For over 53 years, our skilled attorneys have established a proven track record of assisting injured victims.
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. Our law firm helped a client secure $1,750,000 in a case where she suffered an ankle injury requiring surgery when the elevator she was in fell four floors due to negligence (carelessness) on the part of the elevator maintenance company. In addition, we got the workers’ compensation insurance company to pay a $150,000 lump sum for future medical benefits. 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.
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