Keller Swan Injury Attorneys: Representing Elevator Accident Victims Multistate
Elevators are a vital part of our everyday lives, especially in urban areas and commercial buildings. With an estimated 900,000 elevators in use in the United States, millions of people rely on elevators daily. But with frequent use comes the risk of accidents, some of which can result in life-changing injuries. Suppose you or a loved one has been injured in an elevator accident. In that case, Keller Swan Injury Attorneys is here to help you navigate the legal process and secure the compensation you deserve.
Part I: Common Causes and Types of Elevator Accidents
Causes of Elevator Accidents
Elevator accidents can happen for a variety of reasons, often due to negligence in installation, maintenance, or operation. The Centers for Disease Control and Prevention (CDC) reports that at least 30 people die, and over 17,000 others suffer injuries from elevator accidents annually in the U.S. Here are some common causes of these accidents:
1. Misleveling
Misleveling occurs when an elevator does not align correctly with the floor level. Often, the misalignment is only by an inch or two, making it easy for passengers to trip when entering or exiting. This can result in serious injuries, especially for children, the elderly, and those with limited mobility.
2. Defective Sliding Doors
Faulty sensors often cause elevator doors to close too quickly or fail to detect passengers in the doorway. This can lead to crushing injuries if passengers are struck or trapped by the doors. This issue is especially common in older elevators where sensors may be outdated.
3. Excessive Speed
Elevators that travel at an unsafe speed can cause passengers to fall or collide with each other and the elevator walls. Sudden jolts or stops can also lead to physical injuries and emotional trauma for those involved.
4. Lack of Maintenance and Inspections
Elevators require regular maintenance to operate safely. Building codes in many states mandate bi-annual inspections, yet some building owners neglect this requirement. A poorly maintained elevator can easily malfunction, leading to severe accidents. If you regularly use an elevator, it’s wise to check for a current certificate of inspection.
5. Falls Into Elevator Shafts
This deadly type of elevator accident typically occurs when outer doors open, but the elevator car is not present, causing individuals to fall into the shaft. This type of accident is often caused by faulty equipment or malfunctioning door interlocks.
Common Elevator Malfunctions
While elevators are built for safety, malfunctions do occur. Some of the more common malfunctions include:
- Power Failures: Sudden power losses can cause elevators to stop abruptly, potentially injuring passengers as they brace for the unexpected stop.
- Doors Failing to Open: When doors fail to open, passengers can be trapped inside for prolonged periods, which can cause panic, especially in emergencies.
- Shifting Floors and Lurching Movements: When an elevator floor shifts unexpectedly or lurches, passengers can be thrown off balance, leading to falls and other injuries.
- Manufacturing Defects: Poor manufacturing standards or untested parts can contribute to elevator accidents.
- Improper Installation: Installation errors, often due to unqualified labor, can lead to accidents if not corrected.
- Misuse by Passengers: Overloading elevators or improper use of freight elevators can also lead to malfunctions or failures.
An experienced elevator accident attorney can investigate these malfunctions to identify the responsible party and pursue appropriate compensation.
Part II: Determining Liability and Pursuing Compensation for Elevator Accidents
Who Is Responsible for Elevator Accidents?
In an elevator accident, liability often rests on one or more of the following parties:
1. Manufacturers and Sellers
Under product liability laws, elevator manufacturers are responsible for the safety of their products. If an accident is due to design, manufacturing, or marketing defects, the manufacturer can be held accountable even after the warranty expires.
2. Maintenance and Repair Providers
Elevators require consistent maintenance and should only be serviced by licensed and qualified technicians. If poor maintenance or substandard repairs cause an accident, the maintenance company can be held liable.
3. Building Owners
Building owners are responsible for ensuring elevators in their buildings are safe and regularly inspected. Failure to meet maintenance requirements or hire qualified personnel may result in liability if an accident occurs.
A skilled attorney can help assess the specifics of your case to identify liable parties and seek compensation for their negligence or oversight.
Recoverable Damages for Elevator Accident Injuries
If you’ve been injured in an elevator accident, you may be eligible to pursue several types of damages, depending on the specifics of your case. Here are the common forms of compensation that may apply:
Economic Damages
- Medical Expenses: Includes the cost of initial and ongoing medical treatment, physical therapy, and any necessary surgeries.
- Lost Wages: Compensation for income lost during recovery, as well as diminished earning capacity if your injuries prevent you from returning to your previous role.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical and emotional distress caused by the accident and injuries.
- Loss of Enjoyment of Life: Compensation if the accident and resulting injuries prevent you from enjoying daily activities or hobbies.
Punitive Damages
Punitive damages are designed to punish particularly negligent or reckless behavior. If it is determined that the responsible party showed a blatant disregard for safety, punitive damages may be awarded in addition to other compensatory damages.
Frequently Asked Questions About Elevator Accidents
- Who is liable for an elevator accident?
Liability can fall on several parties, including the manufacturer, maintenance company, and building owner. An attorney can help identify the responsible party based on the specifics of the accident. - How long do I have to file a claim?
The statute of limitations for personal injury claims varies by state, but it is generally between two and four years. It’s best to consult an attorney immediately to ensure all evidence is preserved and deadlines are met. - Can I file a claim if the accident happened in a public building?
Yes, you can file a claim if an elevator accident occurs in a public building. The building owner, maintenance provider, or manufacturer could be held liable. - How is compensation calculated in elevator accident cases?
Compensation is based on various factors, including medical expenses, lost income, emotional distress, and potential future medical costs. - What if I was partially at fault for the accident?
Some states follow comparative negligence rules, meaning you may still recover damages even if you share some responsibility. An attorney can explain how this may affect your case. - Can I sue for emotional trauma alone?
Yes, emotional trauma can be a compensable damage, particularly if you experience lasting psychological effects from the accident. - Will insurance cover all my expenses?
In many cases, liability insurance will cover elevator accidents. An attorney can help you navigate the claims process and negotiate with insurers. - Do I need an attorney for an elevator accident claim?
Hiring an attorney is recommended to protect your rights and ensure you receive fair compensation, especially since elevator accident claims can be complex and involve multiple parties. - What evidence should I gather after an elevator accident?
Take photos of the scene, gather witness contact information, and request a copy of the incident report. Medical records and documentation of injuries are also crucial for building your case. - Can I file a claim if I was injured due to an elevator’s sudden stop?
Yes, injuries from sudden stops, excessive speeds, or lurching movements are often grounds for a claim if negligence can be established.
Why Choose Keller Swan Injury Attorneys for Your Elevator Accident Case?
At Keller Swan Injury Attorneys, we have a proven track record of representing victims of elevator accidents and securing favorable settlements. Here’s why you should consider working with us:
- Extensive Experience: Our attorneys understand the complexities of elevator accident cases and the legal landscape governing liability.
- Client-Focused Representation: We prioritize the well-being and rights of our clients, working tirelessly to ensure they receive full compensation.
- Multistate Service: We represent elevator accident victims in United States, providing top-tier legal assistance wherever you are.
Contact Keller Swan Injury Attorneys Today
If you or a loved one has been injured in an elevator accident, contact Keller Swan Injury Attorneys today. Our team of experienced attorneys will guide you through the process, help you understand your rights, and work diligently to secure the compensation you deserve. Schedule a free consultation to discuss your elevator accident claim and take the first step toward recovery.
