Elevator Accident Lawsuit

In short, yes, if you are injured as a result of a defective elevator or in an elevator accident, then you may be able to hold the party that is responsible for your injuries civilly liable by initiating a personal injury lawsuit against them. Elevator accidents occur when any of the various parts, mechanisms, or aspects of an elevator malfunction.

The most serious types of elevator accidents involve a complete malfunction of the elevator which leads to the elevator crashing. Elevator accidents may commonly occur when the suspension, braking, or stopping mechanisms of an elevator fail, causing the elevator to drop quickly down to lower levels or to the ground.

These types of elevator accidents may result in injuries such as back injuries, neck and spine injuries, and other similar injuries related to physical trauma.

Although elevators are generally inspected in order to ensure that they are safely operating, the use of elevators can occasionally lead to serious accidents, as a result of:

• Defective Doors: Most elevators have built-in door sensors that allow the elevator doors to open and close slowly when someone enters or exits, as well as open in the case of an individual entering after the doors have begun to shut.
  • However, elevator door sensors may fail, which may result in the doors closing on someone’s arm or leg, or even trapping an individual’s limbs between the door’s entrance;
• Unbalanced Leveling: In some cases an elevator doesn’t align perfectly with the floor, which leads to a gap that can form and result in injuries related to trips and falls;
• Electrocution: As an electric device, numerous elevator accidents involve electrical hazards, including buttons being electrically charged and resulting in electric based injuries;
• Free Falls: A snapped wire or faulty elevator track may result in severe elevator accidents where the car plummets into a free fall, resulting in severe injury or even death for all passengers;
• Speed Malfunctions: In some cases elevators move too fast on their track, resulting in physical distress for passengers inside.
  • If a speed malfunction also results in a braking system failing, then the elevator might not stop when it should, resulting in a severe risk of injury to any passengers; and/or
• Falls into Shafts: In some cases an elevator door will open without the actual elevator being present, resulting in a risk of a person falling into the elevator shaft.
  • Falling into an open elevator shaft often results in the most severe injuries related to elevator accidents, and in many cases the death of the individual that falls into the shaft.
  • It is important to note that most elevator-related deaths occur due to these types of falls.

Who Can Be Held Liable for Elevator Accidents?

As far as who may be held liable for an elevator accident, that will be dependent on the exact facts and circumstances surrounding the elevator accident. In some cases, the property owner of property in which the elevator was used can be held liable if they were negligent or reckless in their maintenance of the elevator.

For example, if a property owner fails to properly maintain an elevator, such as by ignoring the requests for repair by the patrons of the building or building management, then the property owner may be liable under the theory of premises liability for not taking steps to prevent a known risk of injury to individuals.

In most cases, the manufacturer of the elevator can be held liable if an accident resulted from a defect with the elevator itself. For instance, if there is a defect with the elevator’s design that made it prone to excessive speeds, and as a result persons that use the elevator were harmed by the sudden force of the stop, then the manufacturer could be held liable for such accidents.

It is important to note that in order to hold a manufacturer liable for injuries or losses related to an elevator defect, the following elements must be proven:

• Defective Product: First the injured party will need to demonstrate that the product had an “unreasonably dangerous defect.” There are different types of defects:
• Manufacturing Defect: A manufacturing defect occurs when the design is acceptable but the elevator was manufactured incorrectly;
• Design Defect: These defects relate to the overall design of the product being defective, such as a brake system not capable of stopping the elevator, a door sensor that does not, or a design that leads to improper alignment;
• Failure to Warn: If the elevator lacks proper warnings or instructions, it may be considered defective;
• Using the Product as Intended: Users of the elevator must have been using the product in a manner consistent with how the manufacturer intended consumers to use it.
  • For instance, if users of the elevator were jumping in the elevator as a group in an effort to shake the elevator, then the manufacturer may not be responsible for the elevator going off its tracks;
• Causation: The defect in the product must be the direct and proximate cause of the plaintiff’s injuries; and
• Actual Injury: Finally, the plaintiff must have suffered actual and quantifiable injuries due to the defective product.
  • If a plaintiff is unable to show that they suffered any quantifiable damages, such as showing evidence of their hospital bills, then their claim may be dismissed for failure to state a claim upon which relief can be granted.

Are There Any Legal Remedies for Elevator Accidents and Injuries?

Once again, any person injured by an elevator is able to file a civil lawsuit to recover the damages that they suffered as a result of the other party’s negligence, recklessness, or defective product.

Examples of common damages that may be available in a elevator accident case include:

• Medical Expenses: Plaintiffs (i.e. the individual that was harmed) may be able to recover damages related to hospital and medical costs, including surgery, hospital stays, physical therapy, and other related expenses;
• Future Medical Expenses: Plaintiffs may also seek to recover the costs associated with their future medical treatment and expenses;
• Lost Wages: If a plaintiff was unable to work or had to miss work due to their injuries, they may be able to recover the wages they lost as a result of their injuries;
• Punitive Damages: In cases in which there was a failure to warn by the manufacturer, or there is evidence that there conduct rose to being a wilful and wanton disregard for elevator passengers’ safety, punitive damages may also be issued by the court to punish the manufacturer;
• Property Damages: Owners of a building that employed the use of a defective elevator may also sue the manufacturers themselves if the elevator malfunction resulted in property damage to their building;
• Pain and Suffering: Plaintiffs may also be entitled to damages for the physical pain and emotional suffering that they have experienced as a result of their injuries; and/or
• Wrongful Death: In rare cases in which the defective elevator resulted in the death of a passenger, the estate of the passenger may bring a wrongful death suit against the manufacturer.
  • In a wrongful death lawsuit, the survivors of the elevator passenger might recover damages to compensate them for funeral and burial expenses, loss of consortium, past medical expenses, pain and suffering, and punitive damages.

Finally, if multiple elevator passengers were affected by a defective elevator then the injured individuals may all seek to form or join class action lawsuits. Elevator liability for manufacturers may be widespread and a class action lawsuit may be initiated to resolve all issues arising from a defect in the product.

Do I Need a Lawyer for Help with an Elevator Accident Lawsuit?

If you have been injured as a result of using an elevator, it is in your best interests to consult with an experienced defective products lawyer. An experienced attorney will be best suited to helping you understand your state’s specific laws regarding product liability and damages awards.

A personal injury attorney can also discuss your legal options with you to provide you with the most relevant legal advice regarding your specific injury and elevator accident case. Additionally, an experienced defective products lawyer will be able to inform you of any class action lawsuits that you can join.

An attorney will also be able to help you determine who to sue, what evidence you should gather to support your injury claim, and can initiate a civil lawsuit on your behalf. Finally, an attorney will also be able to represent you in court, as needed.