Elevator Accident FAQs
2. What are some of the possible injuries resulting from elevator accidents?
3. Under what category of law do elevator accidents fall?
4. Who is liable in an elevator accident injury claim?
5. What components should you know when filing an elevator accident claim?
6. Who can file a wrongful death claim in an elevator accident-related death?
7. Do I need a lawyer to assist with my elevator accident claim?
8. What are the statute of limitations involving elevator accidents?
9. What are some safety tips for using elevators?
1. What are some of the most
common elevator incidents that results in an injury?
The most common causes of elevator accidents are:
- Inadequate maintenance
- Unsafe design
- A sudden drop
- Jammed doors
- Failure to level properly
- Failure of doors to close
- Stuck between floors
- Closing of the doors on someone
2. What are some of the
possible injuries resulting from elevator accidents?
Some of the painful injuries that may result from
these accidents include:
- Amputations
- Back and neck injuries
- Broken bones
- Head injury
- Paralysis
3. Under what category of law
do elevator accidents fall?
Elevator accidents are part of premises liability
law, which are regulates negligence or unsafe
conditions on the part of the property owner. The
owner of a business or residence is responsible for
the safety of persons on their property. It is their
obligation to repair and maintain the premises and
provide an environment free of safety hazards and
risks.
4. Who is liable in an
elevator accident injury claim?
When elevators are defective, their faulty
maintenance can result in accidents and injuries. If
the property owner or manager did not properly
maintain the defective elevator, he or she is liable
for injuries victims sustain during elevator
accidents. For a claim to be successful, it is
important to determine whether or not the property
owner or manager was negligent. Contact
an experienced elevator accident attorney at the
firm of Oshman & Mirisola, LLP today to discuss
your case.
5. What components should you
know when filing an elevator accident claim?
Elevator cases require an understanding of how the
components of elevators interrelate, such as the
elevator cab, the cables, the design of the shaft,
the electrical system, the brakes, and the safety
stops. Knowledge of written industry standards is
also critical. Contact
the experienced elevator accident attorneys at
Oshman & Mirisola, LLP to discuss your case.
6. Who can file a wrongful
death claim in an elevator accident-related death?
Generally, immediate family members of the deceased
can file a wrongful death claim, meaning that in
most cases, the parents, spouse or the children of
the wrongful death victim can sue. Family members of
the victim seek legal assistance to receive the
compensation their loved one is entitled to. If
damages are awarded, they will cover the financial
costs for the present and the future, as well as
emotional costs.
Please see our page on Wrongful Death for more information.
7. Do I need a lawyer to
assist with my elevator accident claim?
Elevator accident litigation can be complicated and
requires knowledge about regulatory issues, safety
standards, and inspections. A knowledgeable attorney
can help victims and their families recover
compensation. Contact
the experienced elevator accident attorneys at
Oshman & Mirisola, LLP to discuss your case.
8. What are the statute of
limitations involving elevator accidents?
Personal injury actions, such as those occurring in
an elevator must be brought within three years of
the date of the injury. A cause of action for
wrongful death accrues on the date of death and must
be filed within two years of that date.
9. What are some safety tips
for using elevators?
Elevator accidents can happen to anyone, including
children, adults, construction workers, and elevator
maintenance workers. Some important elevator tips
include:
- Never use an elevator during a fire
- Press the Emergency phone button if there is a problem or the elevator is stuck
- Tell the rescue personnel the elevator location and the floor
- Do not try to open elevator doors that are stuck
- Try to remain calm