Elevator accident liability and common carrier liability

There are hundreds of thousands of elevators in buildings across the country. They are present everywhere, from apartment buildings to outlet stores, to offices and malls, to parking lots and hospitals. Some elevators go up dozens of floors, while others only travel thirty or forty feet upward. No matter what kind of elevator you are on, you deserve the same duty of care, as an elevator accident will be devastating regardless of the type. Liability issues with elevators can be troublesome, and companies and property managers should make sure that all elevators are properly maintained and do not present any dangers to guests. If you are injured in any kind of elevator accident, or if a family member or loved one died in such an incident, reach out to the Downtown LA Law Group for assistance with your claim.

Causes of Elevator Accidents

Elevators are essentially pulley systems. The elevator car is transported up to different floors and brought back to ground level. In the most devastating cases, the cables that hold the elevator up can snap, causing the elevator to freefall to the ground. These accidents result in numerous fatalities per year. In some buildings, property owners do not conduct ample maintenance. Many elevators are not up to code and have not been investigated in some years. A few of the causes of elevator accidents include:

Failure to properly level or even out when ascending or descending, which can cause trip and falls
Outdated, damaged, broken, or inconsistent safety devices on the elevators
Broken jacks
Poor design
Broken elevator controls, such as doors that won’t close or emergency stop buttons that won’t work
Excessive sway, inadvertent motion, pre-emptive descents or ascents
Unaffixed or broken pit ladders
Large gap between building floor and elevator floor
Ungrounded wires or exposes wires that can cause electric shocks and electrocution
Wrong weight limit signs leading to excessive weight from people and items being piled onto the elevator
Power failure
Overheating
Improper installation or repair

Elevator accident liability and common carrier liability

Elevator accidents can range from the simple fall to the tragic fatality. It is important that you always take as much precaution as possible on elevators, and if you have the physical ability to use the stairs, you may consider it an option. It is generally safer and you are not as dependent on the consistency and proper workings of the elevator.

Injuries from Elevator Accidents

You may suffer a number of injuries from elevator accidents. Elevators that enter freefall can cause death and other severe injuries, but many damages can occur with simple incidents, like the improper leveling of the elevator when the doors open. Trip and falls and other incidents can lead to the following types of injuries:

Broken bones
Fractures
Spinal cord damages
Disc injuries
Knee and hip damages
Sprains
Dislocations
Torn muscles
Nerve damage
CRPS
Concussion
Traumatic brain injuries
Severed limbs and digits
Loss of blood
Paraplegia and quadriplegia
Coma
Death

Whether your elevator accident was minor or major, you should reach out to a skilled lawyer to represent you. It is not recommended to try and take legal action if you never have before, especially not if you were seriously hurt.

Liability in Elevator Accidents – Common Carrier and Premises Liability

Elevator accidents can be attributed to the negligent oversight by the property owner. This would entail basic premises liability. That is, all property owners must protect guests and individuals on the property by ensuring that there are no dangers present. Guests can fall under three categories. They are either:

Invitees, or those on the property to complete a mutual transaction, such as customers in a store
Licensees, or social guests who may have been on the property before and were invited in
Trespassers, who have no legal right to be present on the property

Invitees are granted the highest duty of care, while licensees are granted less. Trespassers are not given nearly as many rights, but they still cannot be injured because of traps or if the property is widely used for trespassing and no illegal activities are occurring. If you wish to file a claim, you must be able to show one of three points concerning the property owner:

The property owner created the hazard or danger with the elevator
The property owner was aware of the issue with the elevator and took no action to fix it, provide warnings, or prevent people from using it
The property owner was not aware of the elevator’s problems but reasonably should have been had he been attentive and careful in his investigation

The majority of elevator incidents can be attributed to a lack of maintenance. Therefore, it is reasonable to assume that the property owner simply did not hire any engineers to oversee the elevator’s status or did not have anyone inspect it for defects or malfunctions. The elevator may have been properly installed and examined initially, but years of wear and tear and usage could have contributed to the problems.

Learn more about your options for compensation by calling (213) 389-3765.

It is also important to understand common carrier liability. In California, common carriers are defined as companies that transport people around the state. Because elevators are a form of transportation, the companies and owners using them are considered common carriers. According to California law, specifically CaCl No. 902: “Common carriers must carry passengers safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers. While a common carrier does not guarantee the safety of its passengers, it must use reasonable skill to provide everything necessary for safe transportation, in view of the transportation used and the practical operation of the business.” Common carriers are subjected to a much higher level of care because the individuals being transported essentially have no way to alter the trip and their safety is at the hands of the carrier. Therefore, if a public bus crashes, the company and driver can be held accountable because the passengers had no ability to affect the crash or escape from it. The same can be said of elevators – those present and riding the elevators cannot affect the trip up or down, and if there is a malfunction, they cannot do anything to alter it or adequately protect themselves. Therefore, common carriers must exercise extreme care over passengers.

What to Do after an Elevator Accident

If you have been hurt in an elevator accident, it is important that you get enough evidence to file a lawsuit against the responsible party. Without adequate proof, your claim will not be successful. You should follow this procedure:

Go to the emergency room for treatment
Hold on to medical notes, receipts, and prescriptions to show the treatment you received
Get photos of your injuries
Get security footage if available
Take pictures of the scene of the incident and the elevator
Get eyewitness statements and bystander testimonies
File an incident report with the building owner, company, or property manager
Do not accept any compensation from the property owner or manager if you were a guest or customer at the location
Keep any documents showing you were present in the elevator, such as a receipt from the store, a train ticket, a bank statement showing you paid for a hotel room, and anything else

It is essential that you contact a skilled elevator accident attorney who can handle your case for you, as you may not have the legal experience required to win your claim. You may be let injured and lack money, knowledge, and time – and the stress of the case can further impact your recovery and lengthen the time it takes for you to return to health.

Elevator Accident Compensation

You should be given fair compensation from the responsible party if you were hurt in an elevator accident. Your case will be valued according to the degree of injuries you suffered and how much of an impact they had on your life and career. Our lawyers will strive to negotiate the maximum settlement for you. We will see to it that you are covered for the following expenses:

Medical bills for surgery, hospitalization, physical rehabilitation, medication, future treatments, and more
Property damage for your lost or broken items
Lost income from time you could not attend work, from both the past and future
Pain and suffering damages for PTSD, anxiety, fear, emotional anguish, and more
Wrongful death damages in the event a family member or loved one died, which can include funeral and burial fees, pre-death pain and suffering, pre-death medical bills, loss of relations and consortium, loss of expected savings and inheritance, and more

Learn more about your legal options by chatting with a representative now.

You are entitled to ample restitution if you were hurt as a passenger on an elevator. Let our lawyers win your case for you so you can receive what you rightfully deserve.

Our Promise

The Downtown LA Law Group promises to work around the clock to win you the restitution you need if you or a loved one were injured in an elevator accident. We have recovered hundreds of millions of dollars for our clients throughout the years, and our expert attorneys are consistently rated as the best in town at what they do. We are aggressive and relentless in our pursuit for your settlement, and if we need to go to court to win your claim, we are willing to do so. For a free legal consultation, call our law offices today. We will discuss your case with you, its value, the legal process, and what you can expect moving forward. You can ask us questions you need answered. If you hire us, we’ll give you a zero fee guarantee. This states that you won’t pay any money out of pocket for our services. We will only get paid if we win and the money will be taken from the settlement we bring you. If we lose, we earn nothing at all. Either way, your savings will remain untouched. Reach out to the Downtown LA Law Group today for representation for your elevator accident lawsuit.