22 Jan
22Jan

Elevator accidents can lead to catastrophic injuries and fatalities. Some elevator accidents result in life-changing events such as amputation or paralysis. The injuries can lead to a great financial burden. Moreover, the injured person may not be able to earn a living. 

About 17,000 individuals get seriously injured in elevator accidents in the US every year. If you or your close family member sustained an injury due to an elevator accident, you can file a personal injury lawsuit against the at-fault party. 

Here you will learn about establishing the liability in elevator accident cases. Moreover, you will also learn how to prove the fault of the guilty party to obtain compensation for the losses. 

Establishing Liability in Elevator Accidents

Elevator accidents can occur due to several reasons. A fault in the elevator can result in an accident. The fault can be the result of a defect or irregular maintenance. A defective elevator can lead to various conditions, including the following. 

  • Freefall or sudden drop of the elevator

  • Elevator not stopping at the door

  • Jammed elevator

Elevator accidents often occur when individuals try to get out of a moving elevator due to a fault. Sometimes, accidents happen when individuals step inside without looking only to find that the elevator is stuck somewhere else. 

The at-fault party in an elevator accident varies from case to case. Your personal injury attorney will investigate your case to find out the guilty party. Many parties are involved in the designing and maintenance of the elevators. The negligent party responsible for the accident can be sued to recover compensation for elevator injuries. Some of the defendants of an elevator accident include the following. 

  • Building owner

  • Maintenance company

  • Engineer   

  • Elevator manufacturer

  • Elevator wholesaler or retailer 

  • Employees of an elevator company

A personal injury attorney will determine whether the accident occurred due to negligence, product liability, or premises liability. 

You can file a case even if you were partly to blame for the accident. As the comparative law in most states, you can get compensation if you had acted negligently or recklessly resulting in an elevator accident. 

Proving Fault in an Elevator Personal Injury Case

You need to prove the negligence of the at-fault party to establish a claim. To prove that the defendant was liable for the elevator accident injuries, your personal injury attorney will have to prove the following. 

  • The defendant had the duty to care

  • The defendant was negligent or reckless resulting in the breach of the duty to care

  • The negligence or reckless actions of the defendant resulted in injuries

You should contact a professional personal injury attorney if you have suffered an injury due to an elevator accident. The attorney will assess your case and offer expert legal guidance. With the help of an attorney, you can gather evidence that proves liability of the at-fault party. 

An experienced personal injury attorney will guide you through the steps involved in filing a case against the at-fault party. The services of a professional legal expert will save a great deal of time and effort involved in filing a personal injury case. 

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