Who Can Be Held Liable for and Elevator Injury ClaimWho can be at-fault for the harm that you suffered in an elevator accident? In general, there are three separate parties that could be at-fault depending on the specific details of the incident. These parties generally include the owner of the property in which the elevator is located, the company that manufactured the elevator, and the company that is in charge of elevator maintenance and repair. Consider the following information regarding each of these parties:
- The property owner has a specific duty of care to ensure that their entire property is free of any hazards. Because elevators are located in their property, they have the duty to ensure that their elevators are safe. They must ensure that their elevators receive routine maintenance and are repaired when necessary. Any time that they breach their duty of care (i.e. fail to repair or maintain the elevators, or fail to warn others of the hazardous elevator), they are putting innocent parties at risk of suffering harm.
- The company that manufactured the elevator also has a specific duty of care to consumers and to ensure that their elevators are completely free of any hazards. They must subject their products to thorough inspections and tests to ensure that they are completely safe for their intended use. If there is a defect in the product’s manufacturing, design, or labeling, the company is putting innocent parties at risk of suffering harm.
- The company that maintains and repairs the elevator also has a specific duty of care that could make them liable for any harm suffered. Specifically, these companies have to ensure that their staff members are skilled enough to handle the difficult task represented by maintaining and repairing elevators. Unskilled employees could fail to repair elevators correctly and can even cause additional problems. These companies also have to ensure that their employees have the appropriate safety training required to work on elevators. Failing to ensure that their employees are skilled and knowledgeable on safety guidelines can put employees and other parties at significant risk of suffering harm.
Common Injuries Resulting from Elevator AccidentsWhat type of harm is usually associated with elevator accidents? Elevator accidents have the potential to cause significant harm when victims least expect it. Some of the most common harm caused by elevator accidents includes the following:
- Broken bones
- Shoulder injuries
- Neck and back injuries
- Facial Injuries
- Spinal cord injuries
How do I protect myself from an elevator accidentWithout a doubt, one should always use caution when entering or exiting an elevator, also one should always ensure that the elevator is where it should be before stepping forward (to avoid stepping into and falling into an empty elevator shaft). Other tips include watching your step when going into or going out of an elevator since it is likely that the elevator is not completely level as it should be. Most importantly, we should never use an elevator if there is a fire (even if we cannot see a physical fire and can only hear a fire alarm). Although many of us have never experienced a severe accident in an elevator, many of us have found ourselves stuck in a non-functioning elevator at some point in our lives. If you are stuck in an elevator, you should consider the following recommendations:
- If elevator stops in the middle of a floor, do not attempt to leave; check for an emergency button and press it immediately. An alarm should start ringing.
- If you have reception on your mobile device, use it to call for help.
- Do not try to open elevator doors, even if the doors simply seem to be that are stuck.
- Stay calm and wait for help to arrive.
If I File a Claim, Could I Receive Compensation?If you suffered any harm because of an elevator, you could pursue a claim. If you could pursue a claim, could you also recover monetary compensation? Your right to recover monetary compensation depends strictly on the details of your claim. In general, victims of elevator injuries are only eligible to recover monetary compensation when the harm that they suffered was a direct result of the negligent actions of a party or entity (the property owner, the elevator manufacturer, or the elevator maintenance company, for example). If you are eligible to recover compensation for the harm that you suffered, you could recover some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Funeral and burial costs
- Loss of consortium
- Punitive damages
Is Your Claim Subject to a Statute of Limitations?All claims are subject to strict deadlines, or statutes of limitations. It is essential that you act as quickly as possible after you suffered an elevator injury. If you delay taking action, you could lose your right to sue. In the state of California, injury claims are subject to a 2-year statute of limitations, although this could vary based on the details of your claim. If your accident occurred in another state, your claim will likely be subject to a different statute of limitations. Although the statue of limitations establishes a strict timeline, some claim details could affect the deadline that applies to your claim; therefore, it is essential that you speak with a lawyer immediately to learn more about the deadline that determines the time that you have to sue. For more information about the statute of limitations that applies to your claim, do not hesitate to contact our law firm as soon as possible.
Who do I contact if I have been injured in an Elevator AccidentIf you have been injured in an elevator shaft accident, you must first tend to your wounds heal your injuries. Seeking vindication of your rights is our job. At Downtown LA Law Group our legal team is skilled and knowledgeable. We will keep on the offensive until you have been fully compensated for your injuries. We will go to trial and take on the parties that contributed to the harm that you suffered so that your rights are protected. Our goal is to take care of every legal detail and make sure you achieve the highest compensation possible for your loss; in the meantime, concentrate on the most important part of this process – your recovery. To ensure that all affected parties have access to our legal services, our firm offers both free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – to ensure that you have access to all the information that you need to file a successful elevator injury claim. Our free legal services are available as part of our Zero-Fee guarantee, a guarantee that you will never be required to pay any upfront legal fees for any of our services. Our law firm is also based on contingency; therefore, you will not be required to pay anything until after your claim is successful. Are you ready to discuss your elevator accident and the injuries that you suffered with our experts? If so, do not hesitate to contact our law firm immediately – we want to guide you towards a successful claim outcome. For More Information on Elevator Safety and Accident Prevention visit these helpful sites: – Escalator accident attorney
– Slip and Fall Accidents in Stores and Shopping Malls
– Service Elevator Accident Lawsuits