Elevator accidents

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New York City Elevator Accident Attorneys

In the New York Metropolitan area, many people ride elevators every day to get to their apartment or office. Most multi-story buildings have elevators for both accessibility and convenience. Generally speaking, elevators work as they should, without any issues. However, when elevators do malfunction, people can get seriously injured as a result. At Asta Law we have represented the victims of elevator accidents and helped them to obtain justice for over twenty-five years.

COMMON CAUSES FOR ELEVATOR INJURIES

Reported elevator accidents include:

  • riders or technicians falling down the empty shaft due to open safety doors;
  • elevator speeds so high and stops so abrupt as to cause occupant falls;
  • trips and falls over the misaligned cabin and building floors on entry and exit;
  • crush injuries from closing doors or rising cabin against building floor;
  • crush and pinch injuries from elevator cables and flyweights;
  • burn injury or electrocution death from the elevator or building wiring;
  • lung or brain injury or asphyxiation death from fumes in elevator shaft; and
  • elevator platform collapses.
  • Failure to Provide Elevator or Escalator with a Secure Railing
  • Inadequate Elevator or Escalator Lighting
  • Negligent Elevator or Escalator Security
  • Injured on Elevator at Work Site
  • Elevator or Escalator Related Injury
  • Slip on Escalator Injury
  • Trip and Fall on Elevator or Escalator
  • Elevator or Escalator Trip and Fall Injury
  • Tripping on Damage Elevator or Escalator Carpet
  • Tripping on Damage Elevator or Escalator Step
  • Severe Elevator Mechanical Failure
  • Severe Escalator Mechanical Failure
  • Failure to Properly Inspect Elevator or Escalator
  • Failure to Properly Repair Elevator or Escalator

As you can see, there are many causes of elevator malfunction that can injure an elevator passenger or elevator mechanic. If you or a family member or friend have suffered an injury in an elevator accident, then contact Asta Law for a free consultation.

If your elevator or escalator related injury has been caused by the negligence of a state, city, county, or local municipality, or other government entity, then, to preserve your right to bring a claim for compensation of your injuries, a Notice of Claim must be filed within 90 days of the date of the accident.

WHY ELEVATORS FAIL

When an elevator fails or malfunctions, it’s almost always due to improper inspections, maintenance, or repairs. Sometimes there is a design defect or manufacturing defect which causes the malfunction. A thorough investigation must be conducted as soon as possible after an elevator incident. Often, if the police or buildings department is contacted at the time of the accident, an investigation will be conducted immediately, and a report prepared.

Other causes of elevator accidents can be the failure to:

  • inspect and load test according to schedule;
  • diagnose and repair or correct equipment malfunctions;
  • lubricate, update, and maintain according to schedule;
  • inspect and repair on notice of periodic or repeated malfunction;
  • balance and adjust for proper leveling and stopping;
  • ground and insulate electrical wires and equipment;
  • lockout and warn during repair and maintenance;
  • maintain operator controls and safe operating speeds;
  • warn of occupant limits and load capacity.

Success in recovering compensation for your elevator accident depends on hiring the right personal injury lawyers with the experience to litigate your case and bring the right resources and experts to help your case. Our attorneys have successfully represented the victims of elevator accidents. We can take your case to trial, or often we find that an insurance company will settle our client’s case for a very high amount when they see the strength of our presentation.

Elevators are sophisticated pieces of equipment. Unlike a motor vehicle accident involving driver error, the cause of an elevator accident is often hidden within the elevator’s mechanical and electrical operation and repair and maintenance schedules.

WHAT PARTIES CAN BE AT FAULT WHEN AN ELEVATOR ACCIDENT OCCURS

We will determine who the responsible parties are when an elevator malfunctions by investigating. Each accident is unique and can result in different injuries and damages.

Responsible parties may include:

  • Elevator Manufacturer– The manufacturer may be held responsible if a part of the machinery fails.  For instance, if a specific part of the elevator has a history of failure in similar machines, it will be assumed that the manufacturer knew the equipment posed a risk.
  • Elevator Installer– The installer may be responsible for installing the elevator improperly if building codes or laws were not followed correctly.
  • Property Owner and Property Manager– The owner of the building or the property manager may be responsible for an accident.  For example, the property owner may not have scheduled regular maintenance for the elevator system or for not making adequate repairs.
  • Elevator Maintenance Company– When equipment fails, the maintenance company that performs routine inspections and repairs the elevator system may be held responsible.  Regularly, the company must send an inspector to examine the elevator, note any worn parts, and recommend repairs that might avert a malfunction.  If an accident happens because of a maintenance oversight or a repair wasn’t done correctly, the service company may be responsible for the injuries.

When an accident occurs, the standard procedure is to take the car out of service until an investigation can be performed. A proper analysis by the building owner’s insurance company and local or state officials may help establish who is legally responsible. However, a building owner or property manager often does not do a proper investigation, who will not want to take the time and disrupt the operation of the building. Obtaining a lawyer quickly is essential. Our firm will seek to inspect the elevator as soon as possible to determine what went wrong and who is responsible.

If you or a loved one has been the victim of a malfunctioning elevator call Asta Law immediately. We can help you with your accident.

An elevator accident can be emotionally and physically devastating. Michael J. Asta, Esq. is one of New York’s leading accident attorneys with over 500 Million Dollars recovered for clients and over 30 years fighting for New Yorkers like you. You can be confident that the legal team at Asta Law is fully committed to winning the best possible results for our personal injury clients and their families. If you’ve been injured in an elevator accident, call Asta Law at (212) 244-6555 or complete the contact form here on our website so we can help you. The consultation is free, and we work on a contingency basis meaning there is no fee until we obtain compensation on your behalf, guaranteeing you’ll never come out of pocket.

Asta Law, Where Quality Representation Doesn’t Cost, It Pays.

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