Elevators are such an everyday part of our lives that it’s easy to forget that they can also be extremely dangerous if they have not been installed or maintained correctly. An aging cable, a faulty door sensor, or an overstressed winch is all it might take to cause a serious accident. The person or people to blame for these issues could ultimately be responsible for the harm they cause, but with so many potentially liable parties, how do you know who to hold accountable? Let’s explore that question in detail, including how important it is to work with an experienced elevator accident lawyer.
What Are The Types of Elevator Accidents?
Elevators can be dangerous, especially if not properly maintained. Some of the most common causes of elevator accidents include the following:
- Trip and fall accidents – If the elevator is not installed properly, it may not be flush to the floor, which can cause people to trip and fall when entering or exiting.
- Automatic doors – Equipment malfunctions or failure of elevator doors can cause them to unexpectedly shut on someone stepping onto or off of the elevator.
- Elevator drops – If the elevator cable breaks or the brakes malfunction, a sudden drop or crash to the bottom floor can result in catastrophic, even fatal injuries.
How Do You Establish Liability for Elevator Accidents?
Were you recently hurt in an elevator accident? The circumstances of that accident will dictate who could be liable for your injuries. An experienced attorney can gather and review evidence to determine what happened and why—and, crucially, whose failure is to blame.
To that end, your attorney may examine the elevator with the help of mechanical experts to uncover any mechanical or software issues that made the elevator inherently unsafe. They will likely request maintenance records to determine who performed the maintenance, how often they did so, and whether there was a history of recommended repairs that were not completed. Your lawyer will also likely recover and review any surveillance footage of the incident and interview any eyewitnesses who saw what happened.
Unless a manufacturing or design defect is to blame for your injuries, fault likely lies with the owner or occupier of the property under the legal concept of premises liability. This holds that such parties have an obligation to address any dangerous condition that they know or or should know about. If the owner was aware of the dangerous condition and failed to warn of its existence or promptly repair it, they could be held liable for your injuries and losses. The length of time the dangerous condition was present can contribute to whether an owner should have known about it.
What Compensation Can You Claim?
If the owner or occupier of the property failed to maintain the elevator and repair any potential problems, leading to your injury, they could owe you money for your:
- Past and future medical expenses
- Lost income, including wages, salary, benefits, commission, tips, and bonuses
- Physical pain and mental anguish
- Emotional distress caused by the traumatic experience
Your lawyer can review your case to determine the full value of your claim and pursue fair compensation accordingly.
Consult Our Walnut Creek Personal Injury Attorney for Your Elevator Accident
If you were injured in an elevator accident in Walnut Creek, California, you need an experienced personal injury attorney from Casper, Meadows, Schwartz & Cook. Your attorney will help you pursue money for medical bills, lost wages, and pain and suffering. If you hire our firm, you will receive the personal attention our clients have come to expect. We pride ourselves on offering our clients the compassionate support they want with the strong legal advocacy they need in what may be a very difficult time in their lives. Contact our personal injury lawyers for a free consultation.