Elevator Accidents Lawyer in Phoenix, Arizona
Elevator accidents are less common than other types of personal injuries but can be life changing and fatal. In a city like Phoenix, Arizona with all the high rise buildings, office complexes and apartments, thousands of people use elevators daily. But when safety measures are ignored or equipment fails, the consequences for passengers can be severe.
At Keller Swan we represent individuals who have been injured in elevator accidents and provide expert legal guidance to help victims get the compensation they deserve for their injuries and losses. We will hold negligent property owners, elevator maintenance companies and manufacturers accountable for the harm they cause due to safety failures.
What is an Elevator Accident
Elevator accidents can happen for many reasons including mechanical failure, improper maintenance and human error. While elevators are generally safe, accidents still happen and can result in serious injuries such as:
- Fractures from sudden stops or jolts
- Spinal cord injuries from falls or sudden elevator movements
- Traumatic brain injuries (TBI) from being hit by malfunctioning doors
- Internal injuries from being trapped or crushed in an elevator shaft
- Psychological trauma such as anxiety, post-traumatic stress disorder (PTSD) or phobias related to elevators after a scary experience
Some types of elevator accidents are:
- Sudden drops or ascents: Elevators can suddenly move up or down due to electrical or mechanical failure and passengers are thrown against the walls or floor.
- Doors closing on passengers: Faulty sensors or poorly maintained doors can trap passengers between closing doors and cause physical injuries.
- Falling into the shaft: In some cases passengers fall into open shafts and suffer catastrophic injuries or death.
- Entrapment: Mechanical or electrical failure can trap passengers for hours and if help is not provided quickly can cause psychological distress or medical complications.
Injuries can range from minor to severe but even minor injuries can become long term health issues if not treated properly. Victims of elevator accidents can be entitled to compensation not only for their physical injuries but also for the emotional trauma and financial losses they suffer as a result of the incident.
Phoenix, Arizona Personal Injury Elevator Accident Laws
Arizona has laws regarding elevator safety, personal injury claims and liability. If you were involved in an elevator accident and are seeking legal recourse understanding these laws is key. Below are the laws that govern elevator accidents in Phoenix, Arizona:
1. Premises Liability
Under Arizona premises liability law property owners and managers are required to keep their premises including elevators safe for use. This means regular inspections, routine maintenance and addressing any safety concerns or hazards as they arise.
Property owners especially those who manage commercial buildings, apartment complexes or hotels can be held liable for elevator accidents if it is proven that negligence caused the malfunction. This can include:
- Failing to repair broken or faulty elevator equipment
- Not inspecting or not following up on safety concerns
- Hiring unqualified elevator maintenance companies
- Not posting warnings about elevator dangers
In Phoenix, victims of elevator accidents can hold property owners and building managers responsible under premises liability laws if they can prove the owner’s negligence caused the accident.
2. Product Liability
In some elevator accident cases the issue may be a manufacturing defect, design flaw or improper installation of the elevator. Under product liability law victims can sue manufacturers, installers or companies that designed the elevator equipment.
Product liability can be:
- Defective parts such as faulty wiring, sensor malfunctions or poorly designed control systems
- Improper installation by third-party companies hired to install the elevator system
- Substandard materials that don’t meet industry safety standards
In these cases victims can sue under strict liability meaning they don’t have to prove negligence – just that the defect caused their injuries.
3. Comparative Negligence
Arizona is a comparative negligence state meaning victims can recover even if they are partially at fault for their injuries. However, their damages will be reduced by their percentage of fault. For example if a victim is found to be 25% at fault (perhaps for ignoring posted warnings) their damages will be reduced by 25%. As long as the victim is less than 50% at fault they can recover.
4. Statute of Limitations
In Arizona the statute of limitations for a personal injury claim related to an elevator accident is usually two years from the date of the incident. However, filing deadlines may vary depending on the facts of the case. If the accident occurred in a government owned building different rules and shorter timeframes for filing claims may apply. Missing the deadline will prevent the victim from recovering.
Phoenix, Arizona Elevator Accident Statistics (2023)
In 2023 elevator accidents continued to be a hazard for individuals in Phoenix. Local safety authorities and public health departments reported the following elevator accident statistics:
Total Elevator Accidents
- 25 elevator accidents in Phoenix including minor malfunctions and major accidents that caused serious injuries. These occurred in various locations including office buildings, shopping malls and residential apartment complexes.
Injuries and Fatalities
- 10 of the 25 accidents resulted in serious injuries such as fractures, spinal cord injuries and traumatic brain injuries (TBIs). No fatalities in 2023 but several required hospitalization and emergency surgery.
Common Causes of Elevator Accidents
The top causes of these elevator accidents were:
- Mechanical Failures: Most elevator related incidents were mechanical in nature – malfunctioning doors, sensor failures and sudden stops that caused passengers to fall or get injured.
- Lack of Maintenance: Poor maintenance and failure to do regular safety inspections were also a factor in many accidents. Elevators that weren’t serviced regularly were more likely to have dangerous malfunctions.
- Human Error: In a few cases human error was the cause. Overcrowding, blocking doors or improper use of the elevator by passengers caused avoidable accidents.
These statistics show how important it is to have regular elevator maintenance, inspections and repairs. Regular elevator inspections can greatly reduce the risk of accidents and keep passengers safe.
Recent Personal Injury Case
One of the most notable elevator accident cases in Phoenix was a business professional who was severely injured when the elevator in her office building dropped multiple floors due to a mechanical failure. The sudden drop threw the victim against the elevator wall and caused:
- Multiple fractures
- Herniated disc in the spine
- Severe psychological trauma including anxiety and fear of elevators
The victim sued both the building owner and the elevator maintenance company for negligence in maintaining the elevator and failing to fix known issues. Maintenance records showed the company had known of the problems for several months but did nothing to fix it.
The case settled for $3 million which covered the victim’s medical bills, lost wages, rehabilitation costs and pain and suffering. This case is a reminder of the financial burden elevator accident victims face and the need to hold negligent parties accountable for not maintaining safe equipment.
Why Choose Keller Swan for Your Elevator Accident?
At Keller Swan we represent victims of elevator accidents and help them get compensation for their injuries and make the responsible parties accountable. Our firm has the expertise and resources to handle complex premises liability and product liability cases related to elevator accidents.
1. Legal Advocacy
Our attorneys have years of experience in elevator accidents, premises liability and product defect cases. We know Arizona law and how to navigate building maintenance records, technical elevator malfunction data and legal liability to build a strong case for compensation.
2. Client Support
We know that recovering from an elevator accident is a physically and emotionally draining process. Our legal team will be with you every step of the way, keeping you informed and empowered throughout the process. We’ll keep you updated and explain your rights and options.
3. Results Oriented
Keller Swan has a history of settling and trying elevator accident cases for significant amounts. We will get results that meet the long term needs of our clients – medical bills, lost wages and rehabilitation costs.
What Causes Elevator Accidents
Elevators are generally safe but accidents do happen. Here are some of the most common causes of elevator accidents:
1. Mechanical Failures
Elevators have many complex mechanical parts including motors, cables, sensors and control panels. When any of these parts fail it can lead to:
- Doors malfunctioning and trapping or injuring passengers
- Control systems failing and causing sudden stops or drops
- Broken cables and elevator car free falls or jerky movements
2. Lack of Maintenance
Regular maintenance and inspections are key to elevator safety. Property owners are responsible for having elevators inspected regularly and for fixing any issues that arise. Failure to properly maintain elevators can lead to hidden mechanical problems that can cause serious accidents.
3. Human Error
Passengers and elevator operators can sometimes cause accidents by overloading the elevator, obstructing doors or not following posted safety signs. While premises liability laws still apply, human error can complicate cases by introducing comparative negligence.
4. Design and Installation Defects
Defective designs or improper installation can cause elevator malfunctions and serious accidents. These types of cases are product liability cases against the elevator manufacturers or installers.
What to Do After an Elevator Accident
If you or a loved one has been in an elevator accident, do the following to protect your legal rights:
1. Get Medical Attention
Regardless of the severity of your injuries, get medical attention immediately after an elevator accident. Delaying treatment can make your injuries worse and can also hurt your case if the other party argues your injuries weren’t related to the accident.
2. Report the Accident
Notify the building owner or manager of the accident and make sure an official incident report is filed. Get a copy of the report for your records as it will be critical to your case.
3. Get Evidence
If possible, take pictures of the accident scene, including the elevator and any visible hazards. Get contact information from witnesses who saw the accident or can describe the condition of the elevator.
4. Call an Attorney
Elevator accident cases are complex and require an investigation into maintenance records, mechanical failures and liability. Call an elevator accident attorney at Keller Swan to help you through the process and get you the compensation you deserve.
Contact Keller Swan Now
If you or a loved one has been in an elevator accident in Phoenix, Arizona, contact us today. Our attorneys will protect your rights and get you money for medical bills, lost wages and other damages.
Call today for a free consultation and get started.
