Elevator and escalator accidents are more common than many people think, and they can cause serious injuries that require significant medical treatment and time away from work. Living in New York City, elevators and escalators may be part of your daily commute to work.
When these essential machines malfunction, they can cause severe accidents and even fatalities. If you’ve been injured in an elevator or escalator accident, understanding your rights and knowing how to seek compensation is critical to your recovery.
Consulting a premises liability lawyer in NYC can help you navigate the legal complexities of your case so you can seek the compensation you need to recover. Read on to learn more about what this process entails.
Understanding the Risk: Elevator and Escalator Accidents in NYC
In 2023, the New York City Department of Buildings responded to over 100 elevator-related accidents, and 96% of these accidents involved injuries. While elevators and escalators are often thought to be safe, mechanical failure, user error, and poor maintenance can contribute to accidents.
Whether it’s an elevator suddenly dropping or an escalator malfunctioning, the impact can be severe. In some cases, the emergency stop failure can exacerbate the situation. The Consumer Product Safety Commission (CPSC) reports that over 10,200 elevator-related injuries happen in the United States each year, with 6,000 occurring from escalators.
Some of these injuries involve children and the elderly, as they are more susceptible to slip and fall accidents, and escalators add another hazard when traveling around the dense urban city. An accident involving a malfunctioning escalator can lead to issues ranging from broken bones to serious head or spinal injuries. Multiple people may be affected in crowded locations.
Who Is Liable for Escalator and Elevator Accidents?
In escalator and elevator accidents, determining liability can be complex. Several parties may be responsible, including the building owner, maintenance company, contractor, or manufacturer. Here’s a breakdown of how liability may apply:
Building Owners or Property Managers
A study by the Center to Protect Workers’ Rights (CPWR) reports that approximately 17,000 injuries and 30 fatalities related to elevators and escalators occur annually in the United States. The building owner or property manager is generally responsible for maintaining elevator safety. If an elevator or escalator accident occurs due to poor maintenance, failure to repair issues promptly, or another form of negligence, they can be held liable.
Maintenance Companies
Maintenance companies are responsible for conducting routine inspections and servicing elevators and escalators to ensure their proper function. If they fail to detect hazards, ignore necessary repairs, or conduct substandard maintenance, they can be held accountable for related accidents. Neglecting proper servicing can lead to mechanical failures, sudden malfunctions, and increased risks for users.
Manufacturers
Manufacturers may be liable when an elevator or escalator accident is caused by a defect in its design, materials, or production. If a mechanical failure occurs due to a flaw in the manufacturing process, victims can file product liability claims against the company. Ensuring compliance with safety standards and performing rigorous quality control testing is crucial to preventing such incidents.
Contractors and Engineers
When an accident occurs due to a mistake during installation or construction, contractors and engineers may be found liable. Mistakes during the initial setup of elevator systems account for a portion of building-related accidents, placing workers at risk of on-the-job injuries.
How To Take Legal Action After an Elevator or Escalator Accident
If you’ve been involved in an elevator or escalator accident in New York City, you have the legal right to seek compensation for your injuries. We recommend these steps:
1. Document the Accident and Gather Evidence
Immediately after the accident, it’s crucial to collect as much evidence as possible. This can include photos of the scene, witness testimonies, and medical records.
2. File an Accident Report
In NYC, accidents involving elevators and escalators should be reported to the building owner or property management. In some cases, the building is required to file an accident report with the New York City Department of Buildings (DOB).
3. Consult a New York Premises Liability Lawyer
Having a personal injury lawyer on your side is crucial. They will help you navigate the legal complexities of your case and help you seek the compensation you need to recover from your injuries.
4. Understand the Statute of Limitations
In New York, you typically have three years to file a personal injury lawsuit for an elevator or escalator accident. However, this period can vary depending on the specifics of the case, so it’s important to meet with an attorney as soon as possible so you can act quickly.
New York enforces strict statutes of limitations for personal injury claims involving government entities. Missing this shortened deadline can lead to the court dismissing the case, ultimately barring you from seeking compensation.
5. Seek Compensation for Your Injuries
Your lawyer will help you pursue compensation for both economic and non-economic damages. This can include medical bills, lost wages, pain and suffering, and more.
According to the National Safety Council’s 2022 data, the average cost per medically consulted injury is $40,000, while the cost per death is $1,390,000. These figures demonstrate the vital necessity of working with experienced legal counsel who can help you seek a fair settlement for your full damages.
Compensation You Can Seek for Your Elevator or Escalator Injury
If you are injured in an elevator or escalator accident, you may be entitled to seek compensation for the following:
- Medical expenses: This includes past, present, and future hospital bills, doctor visits, surgeries, medications, rehabilitation, and other medical costs.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost income and earning capacity.
- Pain and suffering: Your attorney may help you seek compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
- Punitive damages: In cases of extreme negligence or intentional misconduct, you may be awarded punitive damages to punish the liable party and deter future wrongful actions.
You may also seek compensation for the loss of a loved one through a wrongful death claim.
Speak With an NYC Premises Liability Lawyer Today
Elevator and escalator accidents are often serious and have significant injuries, leaving victims with long-term physical, emotional, and financial consequences. Understanding documentation in a premises liability case and knowing who to hold accountable is essential for pursuing justice.
Whether due to mechanical failure, negligence in maintenance, or faulty design, the responsible parties may be held liable for the harm caused. If you or any of your loved ones are in a similar situation, contact Ross & Hill at (646) 351-2324 to schedule your legal consultation with an NYC premises liability lawyer.
FAQs
Read through answers to commonly asked questions below:
What Should I Do if I Am Injured in an Elevator or Escalator Accident?
If you’re injured by an elevator or escalator, seek immediate medical attention, document the incident, and contact a lawyer to explore your legal options.
How Long Do I Have To File a Lawsuit for an Elevator or Escalator Injury in New York City?
You typically have three years to file a personal injury lawsuit for an elevator or escalator accident in NYC.
How Do I Know if I Can File a Claim for an Elevator or Escalator Injury in NYC?
If your injury was caused by negligence, unsafe maintenance, or faulty design, you may be eligible for a claim. Call Ross & Hill at (646) 351-2324 today to schedule a consultation with our experienced attorneys so we can discuss your case.
