Being injured in an elevator or on an escalator can be a harrowing experience. You may have been using the equipment as intended, and a malfunction or other issue caused your injury. Can you hold someone liable for this event and seek compensation?
Escalator and elevator accidents sometimes qualify for premises liability claims. A New York premises liability lawyer can evaluate the circumstances of your accident and help you understand whether you may have a case.
If you are looking for a personal injury lawyer in New York, consult Elliot Ifraimoff & Associates, PC.
Common Causes of Elevator and Escalator Accidents
In 2013, the Center for Construction Research and Training found that an average of 28 elevator- or escalator-related deaths happens each year. This includes approximately 15 deaths while working on or near an elevator or escalator and 7 deaths among passengers not at work.
While not extremely common, elevator and escalator accidents can happen quickly and cause severe injuries. A few prevalent causes of these incidents include:
- Improper maintenance: One of the leading causes of escalator and elevator injuries is inadequate maintenance. When property owners fail to schedule regular maintenance, these systems can experience breakdowns, creating hazardous conditions.
- Mechanical failure: Brake malfunctions, broken cables, electrical failures, and other mechanical issues can disrupt the system’s normal functioning and cause accidents.
- Sudden stops, misleveling, or door malfunctions: Elevator doors that close unexpectedly, elevators that stop abruptly, or elevators that fail to level properly with the floor can cause passengers to trip or suffer serious injuries.
- Defective design: In some cases, elevators and escalators are not designed properly to prevent malfunctions or injuries.
The New York City Department of Buildings requires escalators and elevators to be maintained regularly. Elevators must be updated to meet new building codes and repaired promptly to mitigate defects found during inspections. Escalators must undergo regular inspections for step alignment and balance, emergency stop button functionality, and other functions.
When Is a Property Owner Liable for Elevator or Escalator Accidents?
Escalator and elevator accidents sometimes meet the criteria for premises liability claims. These cases arise when a property owner’s negligence leads a visitor to become injured. A New York premises liability lawyer can help you understand whether you may have a case.
Property owners are generally responsible for maintaining safe premises and taking reasonable measures to prevent accidents. They owe a duty of care to those who are lawfully on their properties.
A property owner may be liable for your elevator or escalator accident if you can prove that:
- The property owner created the dangerous condition, or knew or reasonably should have known about the hazard that caused your accident.
- The property owner failed to mitigate or remedy the hazard within a reasonable time.
When elevator or escalator accidents arise due to malfunctions, you may be able to assert that the property owner was responsible if they failed to schedule the required maintenance and inspections. But if you tripped over your own feet while riding an escalator or stepping out of an elevator, you may not be able to pin the blame on the property owner.
Other Parties That May Be Liable in an Elevator or Escalator Accident
A party aside from the property owner may have been responsible for your accident. Examples may include:
- The elevator or escalator manufacturer, for design or manufacturing defects
- A maintenance contractor who overlooked warning signs of a malfunction or performed inadequate maintenance
- An installation contractor who installed the system incorrectly
- A government entity responsible for maintaining escalators or elevators in public spaces, such as subway stations or government buildings
However, it is important to understand New York’s “non-delegable duty rule” when determining legal responsibility for escalator accidents. This rule asserts that an entity cannot shift its legal responsibility for the maintenance or safety of a property onto a third party. Property owners may have a “non-delegable duty” to keep elevators safe, which means they may be responsible even if a contractor or other third party technically caused the hazard.
A New York premises liability lawyer can explain this rule further and how it relates to your case.
Collecting Evidence To Support Escalator and Elevator Accident Liability
Escalator and elevator accident premises liability cases rely on compelling evidence that shows a third party was responsible for the hazard that led to the accident. Your elevator accident attorney can help you collect evidence to support your case, which may include:
- Security camera footage of the accident, showing that a malfunction or other hazard led to your injury rather than your own negligence;
- Accident reports created by the property owner after the incident, detailing what happened;
- Photos of the accident scene that clearly show the hazard;
- Maintenance logs supporting inadequate maintenance or inspections;
- Witness testimonies detailing how witnesses perceived the accident; and/or
- Medical records showing the severity of your injuries from the accident
Consult an Elevator and Escalator Accident Lawyer in New York
If you were injured in an elevator or escalator accident, consulting a New York premises liability lawyer can help you understand your next steps. They can explain the criteria for qualifying for a premises liability lawsuit and pinpoint who may have been liable in your accident, then guide you through the compensation process.
Elliot Ifraimoff & Associates, PC, provides legal representation and support for premises liability accident victims. Contact us today at 718-205-1010 to request a free consultation.
Frequently Asked Questions
What is the statute of limitations for premises liability lawsuits in NYC?
The statute of limitations for premises liability lawsuits is generally three years in New York, but the timeline is shorter for claims against government entities. If you are exploring premises liability in elevator accidents, speak with an attorney about any applicable deadlines.
Can you hold a property owner liable for an elevator malfunction?
A property owner may be liable for an elevator malfunction under New York’s non-delegable duty rule, or if they knew or should have known about the issue and failed to mitigate it. Depending on the facts, both the property owner and the elevator maintenance company may share liability for the same accident.
What damages can you seek in a premises liability lawsuit?
You may be able to seek economic and non-economic damages in a premises liability lawsuit. The former would cover your direct expenses from the accident, such as medical bills and time off work. The latter would cover pain and suffering, emotional distress, and related damages. Consult a New York premises liability lawyer to learn more.
Disclaimer: This article is provided for informational and educational purposes only and does not constitute legal advice.