If you or a family member was injured in an elevator accident, you may be able to file a premises liability claim for compensation. There are a lot of mitigating factors to successfully prove a claim, though, and these types of claims generally require the assistance of an attorney.
The Basics of Premises Liability Cases
Businesses are legally responsible to provide customers with a reasonably safe environment. It’s their “duty of care” to make sure their property (including elevators) is in a safe condition and that anyone visiting their property isn’t subjected to unreasonable or unnecessary hazards.
If the property manager or owner failed to properly maintain the elevator or neglected to fix a known problem, victims who are injured by the dangerous condition can hold that party accountable for any damages related to the accident on their property.
Proving a premises liability claim isn’t always simple or straightforward, though. It can be hard to isolate the cause of the accident, and it can be equally difficult to discern exactly which party (or parties) is responsible for the incident.
Another important element of a premises liability claim is comparative negligence. If the injured party partly contributed to the accident, his or her fault could reduce the amount of compensation the plaintiff is eligible to receive.
Causes and Types of Elevator Accidents
Elevator accidents may result from issues such as:
- poor maintenance;
- improper installation;
- electronic eye malfunction;
- lack of signage to inform customers of an out-of-order elevator;
- faulty wiring;
- pulley system malfunction;
- failure to perform routine inspections;
- sidestepping building codes;
- overcapacity; and
- failing to follow Colorado elevator regulations.
When building owners and managers act negligently and fail to make sure their grounds are safe for customers, it can result in severe accidents. In some instances, a person’s hand or foot will get trapped while the elevator continues to run, but many elevator accidents are related to serious falls.
Examples of common elevator accidents include:
- the elevator car free falling down the shaft;
- the victim falling down the shaft;
- doors closing on a body part;
- tripping and falling because the car wasn’t level with the floor; and
- becoming trapped between the elevator car and the frame.
Filing a Premises Liability Claim for Compensation
If you or someone you love was injured in a serious elevator accident, you may be eligible to file a claim for compensation. The first step will be to run your claim by an injury attorney to determine against which party to bring the claim.
Then, you and your lawyer can work together to gather evidence to prove the owner’s negligence, as well as documentation to prove the severity of your injuries. When successful, you can likely obtain a fair and sizable settlement to help cover the cost of all medical expenses, missed time from work, and pain and suffering.
For help with your elevator accident claim, contact Aurora lawyer D.J. Banovitz for a free consultation today at 303-300-5060.