Elevators are present in malls, stores, corporate office buildings, outlet warehouses, car dealerships, airports, and more. They are present so that individuals do not have to take the stairs, and so that goods can be easily taken up many levels or flights. There are dangers present with elevators, though, especially with those with defective cables or that have not received the maintenance they should. The electronics in the elevator can also short circuit or have some kind of grounding issue, leading to them shocking people who try to press certain floors. If you were injured in an elevator accident, it is crucial that you seek appropriate legal advice and pursue compensation for your damages. Our law firm, Normandie Law Firm, can ensure that your lawsuit is expertly handled and that the proper property owner is held accountable for your damages.
How Elevator Accidents Happen
Elevator accidents can occur for a number of reasons, but faulty electronics and defective cables generally top the list. The elevators need to be routinely maintained and inspected to ensure that the cables do not corrode or wear down. If there are any places where the cables are unstable, that could lead to the elevator falling. Further, the interna wiring present in the elevators should always be examined. Individuals may be shocked if a wire is not properly grounded or if a wire is exposed. Some elevators may also be jerky and start and stop at strange intervals. This can cause the individuals inside to be thrown off balance. Another type of elevator accident involves doors that close too quickly; someone may be snagged and trip and fall upon entering or exiting the elevator.
If there are too many people in an elevator, it can become very crowded and hard to move. If the elevator ascended or descended too quickly, people could fall over one another and get stepped on, or they could have trouble being helped back up to their feet.
Types of Injuries from Elevator Accidents
You could suffer a variety of injuries in or around elevators. The damages may be severe enough to warrant extensive treatments and therapy. Some of the potential injuries include:
- Concussions
- Traumatic brain injuries
- Closed head injuries
- Brain bleeding
- Hemorrhage
- Internal organ damage
- Crushing injuries
- Blood loss
- Bruises
- Cuts
- Lacerations
- Abrasions
- Facial injuries
- Broken bones
- Muscle damage
- Torn ligaments
- Nerve damage
- CRPS
- Sprains
- Strains
- Dislocations
- Paraplegia
- Quadriplegia
- Coma
- Death
If you were hurt while riding an elevator, it is important that you get medical attention at once. Your health is of paramount importance.
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Premises Liability Lawsuits from Elevator Accidents
Many individuals ask us questions concerning elevator accidents. These questions include:
- Can I sue if I were hurt from an elevator?
- Who can I sue if I was injured in an elevator accident?
- Do I have a case if I was hurt while riding an elevator?
- Can I sue a store if their elevator hurt me?
- What kind of lawsuit can I file for an elevator accident?
These questions can all be answered with a Yes. Whoever the property owner or premises owner was should have been attentive and taken care to protect customers. He should have hired maintenance workers to oversee the elevators and ensure that there were no issues. If he did not, he can be held accountable. The elevator should not have been dangerous, faulty, or hazardous in any way.
Elevator negligence cases can be filed by anyone on private property if they were injured, but the level of rights and care varies from type of person to type of person. Invitees are essentially customers and are afforded the highest duty of care, while licensees are considered to be social guests. If you were in a mall or other type of store in which you were a paying customer, you were likely classified as an invitee. In addition, trespassers can also sue, but they are given drastically fewer rights because they were not legally allowed to be on the property at the time of the incident.
Claims require that you prove one of three scenarios. They are as follows:
- The property owner knew there was a hazard or problem with the elevator but did not try to fix it or provide any warnings to individuals who were using it
- The property owner caused the problem with the elevator
- The property owner was not aware that the elevator had any issues, but he reasonably should have if he were attentive and doing his due diligence of inspecting the premises
Elevator accidents generally come about because of faulty electronics, so the property owner should have hired an electrician or other specialist to investigate the issues as soon as they occurred. If it happened for the first time, the owner still can be held accountable, as he should have had proper upkeep. However, some of the problems may have been present from the designing company. Some companies that manufacture elevators include:
- Aichi small-elevator manufacturing corporation
- Anton Freissler
- Cibes Lift
- Fujitec
- Hitachi
- Volkslift
- Hyundai Elevator
- Kleemann
- Kone
- Mitsubishi Electric
- Metron
- Otis Elevator Company
- Schindler Group
- Stannah Lifts
- Tenau
- Toshiba
- ThyssenKrupp
- Walton Group
- Shotton Lifts
Many elevator injury cases come about against these companies. It is crucial, therefore, that you hire an elevator slip and fall lawyer or similar lawyer for your case.
Steps to Take to File an Elevator Malfunction Lawsuit
If you were hurt in an elevator accident, the first step you take should be to go to the hospital for medical treatment. You should not take too long to get help from a doctor; if you do, your injuries may actually worsen and your health could deteriorate. You can hold on to all the medical records, doctor’s statements, test results, MRI results, X-rays, and more from the hospital. You should also not hesitate to get treatment because of the negative impact it can have on your claim. If there is a long gap between the incident and the visit to the hospital, the insurance agent could doubt the truth of your claim. He could say that you were hurt elsewhere or that you were not that seriously hurt.
You will need to take pictures of the injuries you suffered to show the extent of the damages. If you heal quickly or if your wounds do not seem to be too bad, the insurance agent may again doubt your claim. You should take pictures as soon as you are hurt, as well as photos of the elevator and the scene of the accident.
There were likely other people in the building or other people who were in the elevator with you, so you should ask for their statements and testimonies to add to your claim. You will be able to prove your case with the help of others. Further, if numerous people were hurt because of an elevator that was never fixed, you could join a class action lawsuit against the property owner or the manufacturing company.
There may be security footage or surveillance videos showing the accident. It can be hard to acquire this footage, though, if the property owner knows that it will be used against him.
If you were in a store, you should file an incident report to let the company know that you were hurt. It is crucial that you do not accept any promotions or payment from the company ahead of time, as they can use the excuse that compensated merchandise, free gifts, and more equals fair compensation.
Finally, it is highly recommended that you hire a Los Angeles elevator accident lawyer for your claim. You should not try to handle this lawsuit by yourself – you might not have adequate experience, time, or patience to move forward, and our lawyers are among the most skilled professionals in the area. An elevator accident attorney in Los Angeles will be able to take care of your case from start to finish.
Average Settlement Amount for Elevator Accidents
We are generally asked the question, How much is an elevator accident injury worth? elevator malfunction compensations and settlements will vary from case to case. Some elevator injury settlements will not be very large because of the victim’s irresponsibility, while other elevator accident payout amounts can be huge because of a business’s negligence. Broken elevator accident settlement amounts and malfunctioning elevator settlement amounts are generally higher because there is no way for the victim to be held accountable – the company can be wholly blamed.
An elevator accident injury settlement is $10,000 or less if you were not seriously hurt or if you were actually negligent yourself. On the other hand, an elevator accident injury is worth $1,000,000 if you were hurt because of the inaction of a property owner or if a company made poorly designed elevators.
There is no way to know how much you can receive for an elevator accident leading to injury, partially because many elevator injury settlements are confidential, but also because elevator accident settlement amounts will not be unique to every case. Another similar case to yours may actually be worth much less. There is no average settlement for elevator accident for this reason.
Elevator Accident Lawsuit Compensation
Premises liability claims can result in a fair amount of compensation, especially if you were hurt in an elevator. We have worked to win large elevator personal injury settlements for our clients. You may be able to receive the following forms of damages:
- Medical bills form the past and future for treatment, physical therapy, medication, surgery, hospitalization, and more
- Property damage if any personal items were lost or broken
- Lost income if you were unable to work for a period of time
- Pain and suffering damages for emotional trauma, mental anguish, PTSD, anxiety, fear, and more
The elevator accident injury compensation amount you can receive will be determined by the insurance agent handling it. He will consider the extent of your injuries, your age and career, and how responsible you were for the incident. We will strive to win you the maximum compensation available under the law and negotiate a better deal.
Deadline to File an Elevator Accident Claim
California’s statute of limitations on premises liability lawsuits is 2 years from the date of the injury. If you do not sue within that time frame, you’ll be unable to collect compensation in the future. There are a few ways for the statute to be extended, though. For example:
- Minors cannot sue, but the statute of limitations will not start until they turn 18 years old, unless a parent or legal guardian sues ahead of time on their behalf
- Incapacitated individuals cannot sue until they have returned to proper health, awareness, or consciousness
- Victims who know the defendant has left the state cannot sue until he returns, and the statute will be suspended until he comes back to California
Many claims simply do not get filed because the victims do not know what the statute of limitations is, or they act too slowly and the time limit expires. If you come to our firm, you will not be in danger of the statute of limitations expiring.
The Best Law Firm in LA
Normandie Law Firm is one of the most highly rated law firms in Los Angeles. We have numerous attorneys with decades of combined experienced, and we will do everything in our power to win your lawsuit for you. If we have to go to court, we are willing to do so, and our aggressive lawyers will not stop fighting for your case until we secure you a valid amount.
To receive a free legal consultation, call our law offices today. You can ask us any questions you want and we’ll tell you what we think the value of your claim is. We’ll also give you our zero fee guarantee, which says you won’t pay us a dime out of pocket. We’ll cover all costs and if we win, the settlement will provide us with our payment. If we lose, you owe us nothing whatsoever.
To learn more about the average elevator accident settlement amount or how to file an elevator accident claim, get in touch with Normandie Law Firm today.
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