What an Attorney Can Do for Elevator Injury Claims?

Elevator accidents are often complex, involving multiple parties and potentially devastating injuries. Proper design, installation, or maintenance can compromise elevator safety, leading to incidents that require detailed investigation and legal knowledge. When you hire Galfand Berger LLP, our experienced Philadelphia premises liability lawyers handle every aspect of your claim.

A lawyer can do the following:

• Conduct a comprehensive investigation.
• Review accident and medical reports.
• Interview witnesses.
• Establish liability.
• Calculate damages.
• Collaborate with elevator experts
• Negotiate maximum settlements with insurers.
• Represent you in court if the case goes to trial.

Our team’s thorough approach ensures that every aspect of your case is managed with precision, maximizing your chances of a favorable outcome.

What Are Common Causes of Elevator Accidents?

According to the U.S. Department of Labor Statistics and the Consumer Product Safety Commission, more than 17,000 individuals and workers are injured and over 30 are killed each year due to poorly maintained or defective elevators. Common types of elevator accidents include:

• Abrupt movements or jerking
• Brake failure
• Caught in or between moving elevator/escalator parts
• Door entrapment
• Electrical malfunctions
• Elevator or platform collapse
• Mis-leveling
• Overloading
• Struck by elevator or counterweight
• Sudden stops or drops
• Power failure
• Trip and fall accidents

What Are Common Causes of Elevator Accidents?

Elevators have intricate systems requiring regular inspection and maintenance to operate properly and safely. Design, manufacturing, installation, or maintenance defects can cause unexpected and often dangerous malfunctions. Common types of elevator defects include:

• Door malfunctions that prevent doors from fully opening or closing or that trap passengers by opening between floors.
• Mechanical failures, such as worn-out cables, defective pulleys, or misaligned guide rails and counterweights, which can lead to sudden drops, stalls, or entrapment.
• Electrical defects like malfunctioning control panels, wiring shorts, or defective sensors, causing erratic movement, sudden stops, or power failures.
• Hydraulic malfunctions, including fluid leaks or pump failures, causing slow movement or total operational failure.
• Emergency brake issues, such as malfunctioning brakes that prevent the elevator from stopping safely or cause floor-position drifting.
• Uneven leveling that causes the elevator to stop too high or too low relative to the floor.
• Improper maintenance, leading to avoidable malfunctions.
• Lack of regular inspection or safety testing allows dangerous defects to go undetected.
• Non-functioning emergency systems that prevent passengers from contacting help.

Regular maintenance, inspections, and the use of high-quality, reliable components are crucial to preventing these defects and identifying issues early on.

What Are Common Types of Elevator Accident Injuries?

Elevator injuries vary in severity depending on the malfunction and the number of passengers. Accidents involving sudden stops or drops can lead to serious back injuries, broken bones, traumatic brain injuries, and spinal cord injuries. Other common elevator accident injuries include:

• Amputation
• Anxiety
• Claustrophobia
• Crushing injuries
• Cuts and lacerations
• Death
• Neck injuries
• PTSD
• Strains and sprains
• Whiplash

How Does Premises Liability Work in Elevator Accidents?

Premises liability applies to elevator accidents because property owners, managers, or government entities have a legal duty to ensure their property is safe. If an elevator malfunctions due to a lack of maintenance or unresolved issues, the property owner may be held responsible for injuries. Liability can also extend to third parties if the accident resulted from a specific defect in the elevator.

Who Is Responsible for Elevator Accidents?

Depending on the incident, multiple parties besides building owners or managers may be responsible for an elevator accident:

• Maintenance companies are responsible if they fail to maintain, inspect, service, or properly install components.
• Installers can be liable if they installed the elevator improperly or against safety regulations.
• Private Inspectors who miss identifying or reporting issues during required inspections can share responsibility.
• Contractors or subcontractors who repair or modify elevators may be liable if their faulty work caused the malfunction.
• Government entities may bear responsibility for accidents in government-owned buildings, such as courthouses or police stations.
• Passengers may occasionally cause accidents through improper use, such as tampering with mechanisms or overloading the elevator.

In design or manufacturing defects cases, liability can extend to elevator manufacturers and designers under product liability. When such defects cause an accident, both premises and product liability claims may be pursued.

How Can I Prove Liability in an Elevator Accident?

Proving liability in an elevator accident requires gathering substantial evidence. The following information is often key to establishing a strong claim:

• Incident reports
• Surveillance footage
• Witness statements
• Maintenance and repair records
• Inspection and service reports
• Contracts between the elevator company and the property owner
• Design schematics
• Expert testimony
• Insurance policies

What Compensation Can I Seek for Elevator Accident Injuries?

After an elevator accident, you may be eligible to seek both economic and non-economic damages, including but not limited to:

• Current and future medical expenses
• Lost wages, both past and future
• Funeral expenses
• Pain and suffering
• Emotional distress
• Disability
• Loss of enjoyment of life
• Wrongful death

What Should I Do After an Elevator Accident?

Taking specific actions after an elevator accident can be critical to your claim. If you are able, you should:

• Report the accident to the police and the building owner.
• Exchange contact information with the property owner or manager.
• Limit conversations about the incident to avoid statements that may be used against you later.
• Document the scene with photographs of the malfunction, your injuries, and any contributing factors.
• Gather contact information and statements from witnesses.
• Seek medical attention promptly to evaluate any internal or life-threatening injuries and obtain a medical report.
• Collect all records related to the accident.
• Hire an experienced attorney familiar with elevator accident claims to help protect your rights.

A Significant Galfand Berger LLP Elevator Case

For over 75 years, Galfand Berger LLP has fought for individuals and workers injured due to others’ negligence, recovering hundreds of millions of dollars for our clients.

One of our recent elevator cases:

• $700,000 settlement for a client injured in an elevator accident where the elevator moved while the doors were open. Our client suffered severe injuries to multiple body parts as a result. We brought claims against the building owner and the elevator maintenance company under contract to inspect and repair the elevator. Our firm resolved the matter for $700,000.

Philadelphia Premises Liability Lawyers at Galfand Berger LLP Fight for Clients Injured in Preventable Elevator Accidents

Elevator accidents often result in preventable, catastrophic injuries when building owners and managers fail to ensure proper maintenance. If you or a loved one has been injured in an elevator accident, contact the Philadelphia premises liability lawyers at Galfand Berger LLP at 800-222-USWA (8792) or reach out online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in New Jersey and Pennsylvania, including Allentown and Harrisburg.