What are Elevator Accidents and Why Do They Matter
Elevator accidents may not be as common as other types of accidents but can have serious and lifelong consequences for victims. They often result from mechanical failure, poor maintenance or negligence and are preventable with proper oversight and adherence to safety standards. For residents and workers in Boca Raton, Florida, understanding the law, statistics and recent cases is key to surviving an elevator accident.
Here we cover elevator accident laws in Boca Raton, Florida, 2023 statistics and a recent elevator accident case from the past 10 years. We also explain how Keller Swan Injury Attorneys can help you get compensation for your injuries and losses.
Personal Injury for Elevator Accidents in Boca Raton, Florida
When an elevator accident happens you may be entitled to compensation through personal injury claims, premises liability claims or product liability claims. Knowing the laws and regulations is key to a successful case.
1. Florida Elevator Safety Laws
Elevator safety in Boca Raton and Florida is regulated by several statutes and building codes to protect users and prevent accidents.
- State Codes and Standards: Florida follows the Florida Building Code which includes elevator safety standards. These codes specify requirements for installation, maintenance and operation of elevators. Building owners must ensure elevators are installed and maintained according to these codes.
- Inspection and Maintenance: Elevator owners and operators must have their elevators inspected by certified professionals. Regular maintenance checks ensure elevators are working properly and safely, preventing mechanical failures and accidents. Failure to comply with inspection requirements can result in liability if an accident occurs due to negligence.
2. Who is Liable for Elevator Accidents
Liability for elevator accidents can involve multiple parties. Each party’s responsibility depends on the facts of the case, including whether the accident was caused by mechanical failure, poor maintenance or design defect.
- Premises Liability: Building owners or property managers may be liable for an elevator accident if it occurs due to unsafe conditions or negligence. Property owners have a legal duty to ensure their premises are safe including elevators. This means regular inspections, prompt maintenance and ensuring elevators meet safety standards.
- Manufacturer Liability: If the accident was caused by a design, manufacturing or construction defect in the elevator the manufacturer or distributor may be liable under product liability law. For example if a flaw in the braking system or wiring caused the accident the manufacturer could be responsible for the victim’s compensation.
- Maintenance and Repair Companies: Companies that maintain and repair elevators may also be liable if their negligence caused the accident. This could include failing to address known safety issues, improper repairs or inadequate maintenance that caused a malfunction or failure.
3. Filing a Claim
The legal process after an elevator accident can be complicated especially when determining fault and damages. Working with a personal injury attorney is key to protect your rights and get the compensation you deserve.
- Filing a Claim: After an elevator accident victims should seek medical attention and report the incident to building management. Document the accident scene, get witness statements and preserve evidence (elevator maintenance records) are crucial steps in building a strong case. Your attorney will guide you through the process of filing a personal injury or premises liability claim.
- Investigation: A thorough investigation is often necessary to determine what caused the elevator accident. This may involve reviewing maintenance records, inspecting the elevator and consulting with mechanical or engineering experts to identify any defects or malfunctions.
- Settlement and Litigation: Many elevator accident claims are settled with the building owner’s insurance company or the manufacturer’s legal team. However if a fair settlement can’t be reached litigation may be necessary. Your attorney will represent you in court to get the full compensation you are entitled to.
4. Statute of Limitations
- Time to File a Claim: In Florida the statute of limitations to file a personal injury claim for an elevator accident is usually 4 years from the date of the accident. If the claim is for wrongful death the statute of limitations is 2 years. You must file within this time frame to preserve your right to compensation. Failing to file within the time limits will result in your claim being dismissed.
Elevator Accidents in Boca Raton, Florida (2023)
Elevator accidents are less frequent than other types of personal injury cases but still a risk. Reviewing elevator accident statistics for Boca Raton gives you an idea of the frequency and severity of these accidents in 2023.
1. Total Elevator Accidents
In 2023 Boca Raton had 10 elevator accidents. While this number is small compared to other types of accidents each accident can have serious legal, medical and financial consequences for the victims.
2. Types of Injuries
Elevator accidents can result in a variety of injuries from minor to catastrophic. The severity of the injuries depends on the type of accident and the response time of emergency services.
- Minor Injuries: 30% of the elevator accidents in 2023 were minor. These injuries such as bruises or strains required minimal medical attention and the victims were able to recover within a short period.
- Serious Injuries: 50% of the cases were more serious injuries including fractures, severe lacerations, internal injuries, back or spinal cord injuries. These required extensive medical treatment, surgeries and rehabilitation and often had long term effects on the victims’ lives.
- Fatalities: Fortunately there were no reported fatalities from elevator accidents in Boca Raton in 2023. But serious injuries can still have life altering consequences for victims, impacting their ability to work, enjoy life or maintain their independence.
3. Causes of Elevator Accidents
Here are the factors that contributed to the elevator accidents in Boca Raton in 2023:
- Maintenance Issues: Many were due to lack of proper maintenance and inspection. Neglected maintenance can cause malfunctions such as sudden stops, drops or doors not closing properly putting passengers at risk.
- Mechanical Failures: A big portion of the elevator accidents were mechanical failures such as problems with the braking system, cables or motor. These failures emphasize the need for regular inspections and prompt repairs to prevent accidents.
Recent Personal Injury Case
One of the most notable elevator accident cases in Boca Raton in the last 10 years was a serious accident in a commercial building that resulted in serious injuries to a tenant. This case gives you an idea of how elevator accident claims are handled and what victims can expect.
Case
- Incident: The elevator accident occurred when an elevator in a commercial office building malfunctioned. The malfunction caused the elevator car to drop several floors suddenly and a tenant inside the elevator was injured. The victim had multiple fractures, spinal injuries and significant trauma.
Lawsuit
The victim sued multiple parties including the building owner, the elevator maintenance company and the elevator manufacturer. The lawsuit alleged negligence on the part of the building owner for not doing proper maintenance and a product defect on the elevator’s braking system.
- Result: The case settled for $2.3 million which included medical expenses, lost wages, pain and suffering and future care needs. As part of the settlement the building owner agreed to implement stricter safety protocols and do more frequent elevator inspections.
This case shows the importance of holding the negligent parties accountable and getting adequate compensation for victims who are injured from elevator accidents.
Why Keller Swan for Your Elevator Accident?
At Keller Swan Injury Attorneys we understand the intricacies of elevator accident cases and the long term effects it can have on your life. Here’s why you should choose Keller Swan to represent you:
1. Experienced Representation
Our attorneys have years of experience in handling elevator accident cases and are familiar with Florida personal injury and premises liability laws. We know how to investigate the cause of the accident, gather evidence and build a strong case to get maximum compensation for our clients.
2. Client Focused
We take a personal approach to every case, focusing on your situation and how the elevator accident affected your life. We will keep you informed throughout the process and advocate for your interests whether through settlement or trial.
3. Results Oriented
Keller Swan Injury Attorneys has a history of success in personal injury cases including elevator accidents. We will get the best results for our clients and hold the responsible parties accountable.
Causes of Elevator Accidents
Knowing the common causes of elevator accidents can help you identify potential hazards and ensure proper maintenance protocols are followed. Here are some of the most frequent causes of elevator accidents:
- Mechanical Failures: Failures in the elevator’s mechanical systems such as braking failures, cable issues or motor problems can cause accidents. These failures are often due to lack of maintenance or wear and tear.
- Maintenance Negligence: Inadequate or improper maintenance is a leading cause of elevator accidents. Building owners and maintenance companies must make sure elevators are regularly inspected and repaired to prevent malfunctions and accidents.
- Design Defects: Some elevator accidents are caused by design flaws or defects in the manufacturing process. These defects can include faulty wiring, incorrect installation or improper materials which can increase the chances of an accident.
- Operator Errors: Mistakes made by elevator operators or users such as misuse of the elevator, overloading or not following safety protocols can cause accidents.
What to Do After an Elevator Accident
If you or a loved one has been in an elevator accident, here’s what to do:
1. Get Medical Help
Your health is first. Get medical treatment for any injuries sustained in the accident even if they seem minor. Follow all medical recommendations and keep records of your medical treatment and expenses.
2. Document
If possible take pictures of the accident scene, the elevator and any visible hazards. Get contact information from witnesses and report the incident to the building management. This will be important for your case.
3. Report
Report the elevator accident to building management and any relevant authorities. Having the incident documented will support your claim and make sure the accident is investigated.
4. Call an Attorney
Contact a personal injury attorney at Keller Swan to talk about your case and your options. Our attorneys will walk you through the process and help you file a claim.
5. File a Claim
File your personal injury claim within the statute of limitations to preserve your ability to sue. Your attorney will deal with insurance companies and opposing parties to get a fair settlement.
6. Get Paid
With your attorney, get paid for your medical expenses, lost wages, pain and suffering and other damages from the elevator accident. If necessary your attorney will take your case to court to get you the most money possible.
Call Keller Swan Now
If you or a loved one has been in an elevator accident in Boca Raton, Florida call Keller Swan Injury Attorneys. Our attorneys will help you get the justice and compensation you deserve. Call today for a free consultation and get started.