Can I Recover Monetary Compensation if I was Stuck in an Elevator?

In this section, we will talk about the possibility of filing a lawsuit and recovering financial restitution if you were stuck in an elevator. To give you an example of one of these cases, let say that you are at a shopping mall and decide to use the elevator instead of taking the escalator. You step inside as the doors glide open and press the button for the floor you want to reach. But something is clearly wrong, as you feel the elevator jolt up and down instead of ascending to the next floor.

You press the emergency button as you are supposed to in these situations, but the elevator doors remain closed. Feeling panicked, you start shouting as loud as possible, and thankfully, others in the area hear your cry for help. The fire department is called, but due to the cabin’s location and the malfunction with the elevator, it takes hours to get you out.

At this point, you are in considerable distress, physically and mentally. You have a concussion and an ankle sprain from being thrown off balance and falling down. Because it took hours for the fire department to rescue you, your ankle is swollen and in significant pain, while you feel dizzy and disoriented from the head trauma.

Furthermore, you are in tears and highly anxious from being stuck in the elevator for hours. You had many thoughts running through your head during this time, ranging from whether you would be stuck in a cramped space for days and who would take of your kids in the meantime. You also find that even though you were never diagnosed with claustrophobia, you feel more and more anxious as the hours tick by. Though you are eventually freed, you are on the verge of a mental breakdown by that point.

Please note that for those with claustrophobia and other mental health conditions, the degree of emotional trauma will be even more extensive. This is why people stuck in elevators may be entitled to compensation from a lawsuit against the negligent parties.

With accident claims involving elevators, there are numerous parties that may be responsible:

• The owner and/or operator of the property
• The company / individual that leases the building
• The company that manufactured the elevator
• The company in charge of installing / maintaining the elevator

The key is to show that one or more parties listed above failed in their duty of care to you. Essentially, if you had a legitimate reason to be on the property (as a customer, resident, visitor, etc.), you have the right to expect that the elevator is in good working condition. However, issues like failure to schedule inspections, not making repairs, or inexperience by elevator technicians can result in malfunctions. As a result, an elevator can fail to open, thus leaving the occupant trapped inside.

Keep in mind that the accident itself doesn’t give you the right to sue if you are stuck inside an elevator. The real issue is whether the defendant took reasonable steps to make the elevator as safe as possible. Thus, it is a breach in the duty of care, i.e., negligence, that forms the basis for a personal injury lawsuit.

In the event you sustained physical and/or emotional injuries due to negligence, here are the remedies that may be available to you:

• Medical expenses, including future medical costs depending on the severity of injuries
• Loss of earnings during the recovery period, and possibly future lost earnings in the event your ability to work is affected
• Non-economic damages: such as emotional distress and pain and suffering
• Cost of hiring an elevator injury attorney
• Punitive damages if your case is tried in court and the defendant is guilty of gross negligence / misconduct

As a general rule, the time limit to file a claim for injuries caused by another party is 2 years from the incident date. There are a few exceptions, like cases of sexual assault, where the victim has 10 or more years to sue a property owner and other liable entities. Or, if the victim was a minor at the time they got hurt in an elevator, they have 2 years from the date of turning 18 years old if they wish to file a lawsuit. However, it’s a safe bet to go with the 2-year rule, starting from whenever you sustained injuries in an elevator accident.

The one exception is for elevators in government buildings and other public entities. Liability claims against publicly owned and operated properties have a deadline of only 6 months. Depending on whether your claim is approved or denied, you may have the option of filing a lawsuit through the court system. There are many other issues that are specific to government claims, which you can learn about from one of our legal experts.

Legal Advice from an elevator injury lawsuit attorney is crucial if you are suffering from the effects of being stuck in an elevator. Our legal team is here to assist you day and night, so don’t hesitate to give us a call.

Here at DTLA, you will receive a Zero Fee Guarantee from the very first consultation. Our personal injury lawyers work for $0 upfront, and instead, wait to get paid once you receive your settlement check. That means that is no risk to your finances at any point, since you us absolutely nothing if we fail to win your case.

Contact our law firm today and talk to a lawyer who specializes in accidents where people are stuck in elevators.

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