Though rare, elevator accidents still pose serious risks to the victims. These incidents can lead to severe injuries and, in some cases, even wrongful deaths. Recent data indicates that thousands of people are injured and dozens lose their lives in elevator-related incidents each year. In this guide, we will explore the common causes and legal options related to elevator accidents.
Elevator Accidents – What You Need to Know
Elevator accidents are incidents where victims suffer injuries due to malfunctioning or unsafe elevators. Common causes include:
- Equipment failures due to worn-out parts or electrical problems, which can lead to fatal accidents if critical safety systems fail
- Poor maintenance leading to sudden stops or uneven leveling
- Doors closing too quickly or failing to detect obstacles
- Sudden drops or elevator falls due to cable or brake system issues
When these accidents occur, they often result from negligence in maintenance, inspection, or operation. In cases of fatal elevator accidents, wrongful death attorneys help families pursue justice and hold negligent parties accountable. Understanding what caused the accident is crucial for determining liability and seeking compensation.
Elevator safety regulations vary across states, but building codes and routine inspections aim to reduce risks. In Florida, property owners and maintenance companies must adhere to strict guidelines to ensure elevator systems remain safe for users. Regular audits by state authorities help minimize malfunctions and improve safety compliance.
What to Do After an Elevator Accident?
If you’re involved in an elevator accident or if suddenly an elevator falls or drops, your immediate actions can protect both your health and legal rights. Here’s what you should do:
- Stay calm and assess your injuries. If you’re trapped, use the emergency call button and wait for help
- Follow safety protocols such as bracing against the wall and covering the head to protect from potential debris
- Call 911 if anyone is seriously injured
- Document everything possible while still at the scene:
- Take photos of the elevator and any visible mechanical issues
- Get contact information from witnesses
- Note the time, date, and elevator number
- Report the incident to building management
- Seek medical attention, even if injuries seem minor
- Contact an experienced elevator accident attorney
Types of Injuries Suffered in Elevator Accidents
Elevator accidents can result in a range of injuries, from minor physical harm to life-altering conditions. The most common injuries include:
- Fractures and Broken Bones: Sudden impacts from elevator jolts or falls often lead to broken arms, legs, or ribs, requiring extensive medical intervention.
- Head and Spinal Injuries: Falls or abrupt stops can cause concussions, traumatic brain injuries, or damage to the spinal cord, which might result in temporary or permanent disability.
- Soft Tissue Damage: Strains, sprains, or torn ligaments can occur when individuals brace themselves during a malfunction or abrupt movement.
- Emotional and Psychological Distress: Victims trapped in malfunctioning elevators often experience anxiety, post-traumatic stress disorder (PTSD), or fear of using elevators in the future.
Long-Term Effects of Injuries
Severe injuries from elevator accidents often necessitate:
- Prolonged Rehabilitation: Victims may require months or years of physical therapy to regain strength and mobility.
- Multiple Surgeries: Serious cases, such as spinal or compound fractures, may involve repeated surgical procedures to correct or mitigate damage.
- Loss of Income: Extended recovery times might prevent victims from returning to work, leading to significant financial strain.
- Chronic Pain and Disability: Permanent injuries often result in reduced quality of life, with victims experiencing ongoing pain or limited mobility.
These consequences not only impact physical health but also create emotional and financial challenges for victims and their families. It is crucial to address these aspects during legal claims to ensure comprehensive compensation.
U.S Laws Governing Elevator Accidents
Elevator safety laws across the United States, including Florida, aim to ensure public safety and accountability. Key elements include:
- Safety Standards: The American Society of Mechanical Engineers (ASME) sets codes for elevator maintenance, inspection, and design. Florida adopts these standards and enforces additional state-specific guidelines.
- Liability: Building owners, operators, and manufacturers are responsible for injuries caused by negligence, defective equipment, or poor maintenance. In Miami and throughout Florida, regular inspections and adherence to safety codes are mandatory.
- Inspections: Nationwide, inspections identify hazards and ensure compliance. In Florida, the Department of Business and Professional Regulation oversees these inspections and licenses repair companies.
Non-compliance with safety standards in Florida can result in fines, lawsuits, or legal action. Property owners who neglect maintenance risk liability, particularly when negligence leads to injuries or fatalities.
Legal Options After an Elevator Accident
Victims of elevator accidents have several avenues to seek compensation, including claims for:
- Medical expenses, both immediate and long-term
- Lost wages and reduced earning capacity
- Pain and suffering caused by physical and emotional distress
In tragic cases involving fatalities, families of victims may file claims with the help of a wrongful death lawyer, ensuring that surviving family members receive the compensation they deserve for medical costs, funeral expenses, and loss of companionship.
Common Questions
- Can I sue for getting stuck in an elevator?
If the incident resulted in injury or distress due to negligence, legal action may be an option. Consult with an experienced wrongful death attorney. - Who investigates elevator accidents?
In Florida, the Department of Business and Professional Regulation, along with private inspectors, handles investigations. - How long does it take to settle an elevator accident?
Settlement timelines vary but often range from several months to a few years, depending on case complexity. - How much do elevator accident cases cost?
Settlements for elevator accident cases vary widely, depending on factors like injury severity, negligence, and the financial losses incurred. While minor cases may result in settlements of $10,000 to $50,000, severe injuries often lead to payouts exceeding $500,000 or more.
Injured in an Elevator Accident? Free Consultation with Florida’s Attorneys
If you or a loved one has been injured or lost their life in an elevator accident Dolan Dobrinsky Rosenblum Bluestein, LLP is here to help. Our Miami elevator accident and wrongful death lawyers offer a free consultation to discuss your case. Contact us today at 305-371-2692 to seek justice and compensation you deserve.