Elevator accidents may not be as common as other types of accidents but can be serious. Injuries from these can range from minor cuts and scrapes to life altering spinal cord injuries or traumatic brain damage. In Jackson, Mississippi where many buildings have elevators, it’s important for individuals, property owners and managers to know the risks, legal responsibilities and consequences of elevator accidents.

This article will cover the legal landscape of elevator accidents, recent stats on these and a notable case to help you understand how to get compensation and justice. Also, this article will highlight the importance of an attorney for those injured in elevator accidents.

Personal Injury Laws for Elevator Accidents in Jackson, Mississippi

Elevator accidents are a type of personal injury case that can involve multiple areas of the law including premises liability, negligence and product liability. Because of the nature of elevator systems these claims often require expert testimony and a deep understanding of safety standards, equipment and mechanical failures. Below we will cover the legal landscape of elevator accidents in Mississippi.

Legal Landscape:

Premises Liability

Premises liability is one of the most common legal theories that apply to elevator accidents. Property owners, building managers and landlords have a legal duty to keep their premises, including elevators, safe for the public. If an elevator is not properly maintained or is defective and an injury occurs the property owner or operator can be held liable under premises liability law.

In Mississippi a property owner owes a duty of care to individuals who are on the premises. This duty includes ensuring all aspects of the property, including elevators, are safe and that regular maintenance is performed. Property owners must hire licensed elevator inspectors and technicians to do repairs and keep up with regular inspections as required by state law. Failure to do so can lead to claims of negligence.

Negligence

In personal injury law, negligence means failure to act with reasonable care and cause harm or injury to another. In elevator accidents, negligence can take many forms, failing to do routine maintenance, ignoring safety protocols or failing to repair known defects.

To win a negligence claim the plaintiff must prove:

• The defendant (e.g. property owner or elevator maintenance company) owed a duty of care to the plaintiff.
• The defendant breached that duty through an act of negligence.
• The breach caused the elevator accident.
• The plaintiff was injured as a result of the accident.

To prove negligence in an elevator accident you’ll need to gather evidence such as maintenance logs, inspection reports and safety documentation. Expert witnesses, including engineers or elevator maintenance professionals may be needed to testify on safety standards and whether the defendant’s actions fell below the standard of care.

Product Liability

If the elevator failed due to a design or manufacturing defect the injured party can file a product liability claim against the elevator manufacturer, designer or installer. These claims are strict liability which means the plaintiff doesn’t have to prove negligence. They just have to show the elevator was defective and that defect caused the accident and resulting injuries.

Product liability claims can arise from several types of defects:

• Design defects: When the elevator is designed to be unsafe even if manufactured according to design specifications.
• Manufacturing defects: When a problem occurs during production or assembly of the elevator and causes a malfunction.
• Failure to warn: If the manufacturer or installer didn’t provide adequate warnings of potential hazards they can be held liable for injuries caused by the elevator.

In product liability cases the statute of limitations in Mississippi is three years from the date of the accident (Miss. Code Ann. § 15-1-49). This is important because missing the deadline to file a claim can result in the victim losing their right to compensation.

Elevator Accident Claims Process

Filing an elevator accident claim can be complex with multiple parties and technical issues involved. Here are the steps to file a claim and get compensation:

File a Claim

When someone is injured in an elevator accident the first step is to file a personal injury claim against the party or parties responsible. This could be the property owner, building manager, maintenance contractor or elevator manufacturer. The claim must state the cause of the accident, the injuries and the amount of compensation the victim is seeking.

You should gather as much evidence as possible including:

• Accident reports
• Witness statements
• Medical records
• Maintenance logs
• Inspection reports
• Expert testimony from engineers or elevator maintenance professionals

The plaintiff must show the accident was caused by negligence or a defective product and that the defendant’s actions (or lack of action) caused their injuries.

Statute of Limitations

In Mississippi the statute of limitations for a personal injury claim is three years from the date of the injury (Miss. Code Ann. § 15-1-49). If the claim is for a defective product (e.g. an elevator part or system) the same time limit applies. This is important because missing the deadline can result in the case being dismissed and the victim losing their right to compensation.

Comparative Fault

Mississippi is a modified comparative fault state (Miss. Code Ann. § 11-7-15) which means the victim’s damages can be reduced if they are found to be partially at fault. If the plaintiff is 50% or more at fault they can’t recover.

For example if the plaintiff was reckless (e.g. tried to get out of the elevator before it came to a complete stop) their damages can be reduced based on their percentage of fault. But most elevator accident cases involve mechanical or maintenance failures so it’s less likely the victim will be found partially at fault.

Compensation in Elevator Accident Claims

The amount of compensation a victim can get in an elevator accident claim depends on the severity of the injuries, the circumstances of the accident and the parties involved. Compensation is usually divided into two main categories: economic damages and non-economic damages. In some cases punitive damages may also be awarded.

Economic Damages

Economic damages are tangible, measurable losses resulting from the accident. These damages are to compensate the victim for the financial impact of the accident and can include:

• Medical Expenses: Victims can claim compensation for all medical costs related to the accident including emergency room visits, surgeries, hospital stays, medications, physical therapy and any future medical treatment required.
• Lost Wages: If the victim is unable to work due to the injuries sustained in the elevator accident they may claim compensation for lost wages. This includes not only wages lost during recovery but also future lost earnings if the injury results in long term or permanent disability.
• Property Damage: Although rare in elevator accident cases if the victim’s personal property (e.g. phone or laptop) is damaged in the accident they may claim compensation for the repair or replacement of those items.

Non-Economic Damages

Non-economic damages are more subjective and address the physical and emotional impact of the accident on the victim’s life. These damages include:

• Pain and Suffering: Compensation for the physical pain and emotional suffering the victim experiences as a result of the accident.
• Emotional Distress: Many elevator accidents especially those involving a sudden fall or entrapment can result in long term psychological effects such as anxiety, depression or PTSD.
• Loss of Enjoyment of Life: If the injuries prevent the victim from doing things they used to do, such as hobbies, exercise or social activities they may seek compensation for that loss.
• Loss of Consortium: In some cases the victim’s spouse may file a claim for loss of consortium which is the loss of companionship and affection resulting from the victim’s injuries.

Punitive Damages

In cases where the defendant’s actions are found to be grossly negligent or reckless the court may award punitive damages in addition to compensatory damages. Punitive damages are not to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

For example if it’s found the property owner or building manager wilfully ignored safety warnings or maintenance reports and the elevator accident occurred as a result the court may impose punitive damages.

Elevator Accidents in Jackson, Mississippi (2023)

Elevator accidents are not as common as other types of personal injury cases but they still happen especially in older buildings with outdated or poorly maintained equipment. In Jackson, Mississippi the statistics for elevator accidents in 2023 show a concerning trend about the safety of elevators in public and private buildings.

Incidents

In 2023 Jackson had 8 elevator accidents, a mix of mechanical failures and user related incidents. Although this number may seem low compared to other types of accidents the potential for serious injury makes elevator accidents a big concern.

Common Causes of Elevator Accidents

1. Mechanical Failures:
   Mechanical malfunctions such as faulty braking systems, defective doors or broken cables are among the leading causes of elevator accidents. These failures are often due to poor maintenance or outdated equipment that has not been repaired or replaced as needed.
2. Improper Maintenance:
   Many elevator accidents are caused by lack of maintenance. Building owners and managers are legally required to conduct regular inspections and do the necessary repairs to keep elevators safe for public use. Not complying with these safety regulations can result to dangerous accidents.
3. User Error:
   Some elevator accidents are caused by user error such as overloading the elevator or trying to enter or exit while the doors are closing. Although less common than mechanical failures these can still result to serious injury.

Victims

Elevator accidents can result to a wide range of injuries from minor cuts and bruises to life changing conditions. The most common injuries in elevator accidents are:

• Fractures (especially in the arms, legs and spine)
• Head trauma and concussions
• Back injuries
• Soft tissue injuries (sprains and strains)
• Psychological effects (anxiety or PTSD if the victim was trapped in the elevator for a long time)

In severe cases victims may suffer permanent disabilities requiring long term medical care and rehabilitation. In rare cases elevator accidents can be fatal especially if the elevator falls several floors or the victim is crushed by malfunctioning doors or machinery.

Notable Personal Injury Case in the Last Decade: Smith v. Jackson Building Management

One of the most notable elevator accident cases in Jackson, Mississippi was Smith v. Jackson Building Management. Robert Smith a 45 year old resident of a high rise apartment building in downtown Jackson was injured when the elevator he was using malfunctioned and fell several floors before stopping abruptly. Smith suffered multiple fractures including a broken leg and several vertebrae and a traumatic brain injury from the impact.

Investigation showed that the elevator had not been maintained for over a year despite multiple reports from residents about the elevator’s malfunction. The building management company also ignored warnings from their elevator inspection contractor to do immediate repairs.

Lawsuit

Smith filed a personal injury lawsuit against Jackson Building Management and the elevator maintenance company for negligence and failure to comply with safety regulations. His lawyer argued that the defendants willfully ignored the known risks that led to the malfunction that caused his injuries.

Expert testimony was crucial in the case with elevator maintenance professionals and engineers testifying on the safety violations and mechanical failures. Smith’s lawyer also presented evidence of the building management company’s negligence including emails and reports showing they had known about the elevator’s problems for months but did nothing.

Result

The case settled for $2.5 million which covered Smith’s medical bills, lost wages, pain and suffering and future care needs. The settlement also included punitive damages for the willful negligence of the building management company.

As part of the settlement the building management company agreed to implement stricter maintenance protocols and safety inspections for all elevators in the building to prevent future occurrences.

Elevator Accident Lawyer

Elevator accident claims are complicated. Victims need strong legal representation. Personal injury lawyers who have handled elevator accident cases can help victims throughout the process to get what they deserve.

Case Review and Investigation

A thorough investigation is key to building an elevator accident case. Lawyers will:

• Gather evidence such as maintenance records, inspection reports and witness statements.
• Work with engineers and elevator maintenance experts to determine what caused the accident and if negligence or a defect caused the malfunction.
• Review the victim’s medical records to determine the extent of the injuries and future needs.

Negotiation and Litigation

Most personal injury claims settle. An experienced lawyer will:

• Negotiate with the defendant’s insurance company or lawyer to get a fair settlement for economic and non-economic damages.
• Make sure all of the victim’s suffering and expenses are considered in the settlement negotiations.

If a settlement can’t be reached the lawyer will take the case to court. In court the lawyer will present evidence, argue for the victim and get a favorable verdict or judgment.

Client

Throughout the process lawyers will support and guide the victim, educate them on their rights and make informed decisions. The legal team will represent the victim’s best interests and get them what they deserve.

Bottom Line

Elevator accidents in Jackson, Mississippi are rare but can be devastating to victims, often leaving lifelong injuries. Knowing the law, the stats and the cases will help victims get justice.

If you or a loved one has been hurt in an elevator accident, Keller Swan can help. Our lawyers provide individualized legal services and will get you what you deserve. Call today for a free consultation and get started on the road to justice.