Elevator Accident FAQs
What are some of the most common elevator
incidents that results in an injury?
What are some of the possible injuries resulting
from elevator accidents?
Under what category of law do elevator accidents
fall?
Who is liable in an elevator accident injury
claim?
What components should you know when filing an
elevator accident claim?
Who can file a wrongful death claim in an
elevator accident-related death?
Do I need a lawyer to assist with my elevator
accident claim?
What are the statute of limitations involving
elevator accidents?
What are some safety tips for using elevators?
What are some of the most common
elevator incidents that results in an injury?
The most common causes of elevator accidents are:
- Inadequate maintenance
- Unsafe design
- A sudden drop
- Jammed doors
- Failure to level properly
- Failure of doors to close
- Stuck between floors
- Closing of the doors on someone
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What are some of the possible injuries
resulting from elevator accidents?
Some of the painful injuries that may result from these
accidents include:
- Amputations
- Back and neck injuries
- Broken bones
- Head injury
- Paralysis
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Under what category of law do elevator
accidents fall?
Elevator accidents are part of premises liability law, which
are regulates negligence or unsafe conditions on the part of
the property owner. The owner of a business or residence is
responsible for the safety of persons on their property. It is
their obligation to repair and maintain the premises and
provide an environment free of safety hazards and risks.
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Who is liable in an elevator accident
injury claim?
When elevators are defective, their faulty maintenance can
result in accidents and injuries. If the property owner or
manager did not properly maintain the defective elevator, he
or she is liable for injuries victims sustain during elevator
accidents. For a claim to be successful, it is important to
determine whether or not the property owner or manager was
negligent. Contact an
experienced elevator accident attorney at the firm of Oshman
& Mirisola, LLP today to discuss your case.
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What components should you know when
filing an elevator accident claim?
Elevator cases require an understanding of how the components
of elevators interrelate, such as the elevator cab, the
cables, the design of the shaft, the electrical system, the
brakes, and the safety stops. Knowledge of written industry
standards is also critical.
Contact
the experienced elevator accident attorneys at Oshman &
Mirisola, LLP to discuss your case.
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Who can file a wrongful death claim in
an elevator accident-related death?
Generally, immediate family members of the deceased can file a
wrongful death claim, meaning that in most cases, the parents,
spouse or the children of the wrongful death victim can sue.
Family members of the victim seek legal assistance to receive
the compensation their loved one is entitled to. If damages
are awarded, they will cover the financial costs for the
present and the future, as well as emotional costs.
Please see our page on Wrongful Death for more information.
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Do I need a lawyer to assist with my
elevator accident claim?
Elevator accident litigation can be complicated and requires
knowledge about regulatory issues, safety standards, and
inspections. A knowledgeable attorney can help victims and
their families recover compensation.
Contact
the experienced elevator accident attorneys at Oshman &
Mirisola, LLP to discuss your case.
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What are the statute of limitations
involving elevator accidents?
Statutes of limitations restrict the time period that a person
can file a lawsuit. These statutes not only vary by state, but
they also vary by cause of action. The following guide
provides limitations periods for New York for particular
causes of action; specifically, those related to personal
injury, medical malpractice, and products liability claims.
New York's Statute of Limitations
Wrongful Death: A cause of action for wrongful death
accrues on the date of death and must be filed within two
years of that date.
Personal Injury Actions: These actions must be
brought within three years of the date of the injury.
Special Rules for Minors: Except in cases of
wrongful death, a minor has three years from the date of his
or her 18th birthday to file suit. However, New York law
provides that the limitations period can be extended in favor
of minors for more than 10 years after the act giving rise to
the injury occurred, except in cases of medical malpractice or
wrongful death.
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What are some safety tips for using
elevators?
Elevator accidents can happen to anyone, including children,
adults, construction workers, and elevator maintenance
workers. Some important elevator tips include:
- Never use an elevator during a fire
- Press the Emergency phone button if there is a problem
or the elevator is stuck
- Tell the rescue personnel the elevator location and the
floor
- Do not try to open elevator doors that are stuck
- Try to remain calm
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For more information, please see our Elevator
Accident page.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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