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Elevator Accident FAQs

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1. What are some of the most common elevator incidents that results in an injury?
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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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

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