Elevator Accident Settlements
Elevator accidents can result in severe injuries and significant financial burdens for victims. Whether due to mechanical failure, improper maintenance, or other factors, these incidents can have lasting consequences. An experienced elevator accident lawyer can help you identify all the at-fault parties, collect strong evidence to prove liability and maximize your financial compensation.
Common Causes of Elevator Accidents in New York
- Mechanical Failure: Malfunctioning or defective elevator components, such as cables, pulleys, brakes, or control systems, can lead to accidents.
- Improper Maintenance: Inadequate maintenance or neglecting routine inspections and repairs can result in unsafe operating conditions and increase the risk of accidents.
- Overloading: Exceeding the elevator's weight capacity can cause it to malfunction or become stuck between floors, potentially leading to injuries.
- Electrical Issues: Problems with the elevator's electrical system, including wiring faults, power surges, or electrical fires, can pose serious safety hazards.
- Door Malfunctions: Defective or malfunctioning elevator doors, including issues with closing or opening mechanisms, can trap passengers or lead to falls.
- Slippery or Uneven Flooring: Wet or slippery elevator floors, as well as uneven landing surfaces between the elevator and the floor, can cause passengers to trip or fall.
- Human Error: Operator error, such as improper use of controls or failure to follow safety procedures, can contribute to elevator accidents.
- Design Flaws: Poorly designed elevator systems or inadequate safety features may increase the likelihood of accidents and injuries.
- Entrapment: Getting trapped between floors or inside a malfunctioning elevator due to mechanical failure or power outage can result in injuries or psychological trauma.
Potential Defendants in New York Elevator Incidents
The New York City Department of Buildings (DOB) oversees a vast network of elevator devices. Over 84,000 elevators are within their jurisdiction. Approximately 63,000 are designated as passenger elevators, facilitating an astonishing 35 million passenger trips each day.
Fortunately, New York has a robust framework of local regulations dictating the installation, inspection, and upkeep of these vital transportation systems. However, instances do arise where negligence or non-compliance with safety standards by elevator maintenance firms, property owners, contractors, and other stakeholders leads to grave accidents and injuries.
These are a few typical parties that can be held responsible in a civil claim:
- Property Owners
- Maintenance Companies
- Elevator Manufacturers
- Contractors
- Building Managers
- Government Entities
Most Elevator Accident Claims are Settled through Negotiations
Trials can be lengthy, costly, and unpredictable. By reaching a settlement, both parties can avoid the uncertainty and potential risks associated with litigation. Settlements also save both parties significant legal fees and the expenses associated with preparing for trial.
It can be challenging to determine an average settlement amount for elevator claims in New York as settlement amounts vary widely depending on factors such as the extent of injuries, liability, insurance coverage, and negotiation skills. Furthermore, settlements in elevator accident cases can range from thousands to millions of dollars, with the amount typically influenced by the severity of injuries, medical expenses, lost income, pain and suffering, and other damages suffered by the victim.
The decision to settle ultimately depends on the specific circumstances of each case, including the strength of the evidence, the extent of the injuries, and the willingness of both parties to negotiate in good faith. An experienced personal injury attorney can advise you on the best course of action based on your individual situation.
Regulations for Maintenance and Operations of Elevators in New York
Elevator regulations are overseen by the New York City Department of Buildings (DOB) and cover various aspects of safety, including:
- Inspection and Testing: Elevators in New York City must undergo regular inspections and testing to ensure they meet safety standards. Qualified inspectors conduct thorough examinations of elevator systems, components, and safety features to identify any issues or violations.
- Maintenance Requirements: Building owners are responsible for ensuring that elevators receive proper maintenance and servicing according to manufacturer guidelines and industry standards. Regular maintenance helps prevent malfunctions and ensures the safe operation of elevators.
- Safety Devices: Elevators must be equipped with various safety devices and features to protect passengers in the event of an emergency or malfunction. These may include emergency brakes, door interlocks, alarm systems, and backup power supplies.
Skilled New York Personal Injury Attorneys Can Establish Liability of the Defendants
Your attorneys will demonstrate how the negligence or wrongful actions of the responsible parties, such as failure to maintain the elevator or address known hazards, directly contributed to the accident and resulting injuries.
Seasoned law firms have the necessary resources to hire expert witnesses, such as engineers or elevator safety specialists, to provide professional opinions and testimony supporting the plaintiff's case regarding the cause of the accident and the defendant's liability.
Knowledgeable attorneys know how to identify all parties potentially responsible for the accident, such as building owners, maintenance companies, elevator manufacturers, and contractors, to maximize your financial compensation.
Our Capable and Resourceful Elevator Accident Lawyers are Ready to Fight for You
The experienced team of elevator accident attorneys, led by the relentless and formidable Attorney Michael S. Lamonsoff, "The Bull," is dedicated to fighting for your rights and holding negligent parties accountable.
The track record of success at the Law Offices of Michael S. Lamonsoff, PLLC, includes notable victories such as a $37,000,000 award for an elevator mechanic injured in a construction accident and a $1,785,000 settlement for a woman severely injured by a mis-leveled elevator.
Schedule your free and confidential consultation with us today. Call 212-962-1020 or write to us online.