Mother Killed in Freak Elevator Accident in Spain
Rocio Cortes Nuñez had just given birth to her third child, a baby girl, when tragedy struck her in the aftermath. An elevator accident resulted in her death.
Hospital staff was wheeling Nuñez from the surgery room to recovery; the elevator they boarded appeared to be defective, opening and closing its doors but not moving. Frustrated, the staff decided to try another elevator, but before they could fully remove Nuñez from the lift, it began to ascend.
The doors did not close as Nuñez was caught between the elevator shaft and the lift. Her body was crushed and severed in half, according to sources; thankfully, her newborn baby was not present with her.
Nuñez, who was in her mid-20s, leaves behind a husband and two children, aged 4 and 5.
Her husband, who was distraught the freak accident, led the discussion that someone should be held responsible for the incident. The elevator did not appear to have any defects according to the services that were conducted a mere 10 days previous.
Investigators will continue to inspect the elevator to determine exactly what caused it to behave as it did and pinpoint a reason for the tragedy.
What Claim to File in Case of an Elevator Accident
If you or a loved one is injured in an elevator accident, you are eligible to file a personal injury claim against the responsible party.
Property Owner Liability Claim: Any business or property that has operating elevators must take care to inspect and service them. Proper maintenance of elevators is crucial to preserving the safety of their users; without service, the elevators can move out of alignment, operate slowly, or even break down, resulting in stranded lifts or strained cables. In the worst case scenario, an elevator car can become loose by its cables and plummet to the ground. It should be the top priority of a property owner to inspect the elevators at his business.
If the property owner knew about the issue but did nothing to stop it, you can pursue a larger claim for your injuries. Gross negligence on the owner’s behalf does not bode well for him. Without an elevator that is up to code, the property owner should not be able to allow people to ride the lift. However, some owners do not schedule regular maintenance, and may not know about the problem at all; this negligence may be worth a little bit less, but as any reasonable person should have known of the issues, he may still be liable to pay high damages.
As long as you were hurt while in an elevator on the property of another person, you are entitled to some form of compensation for your injuries.
Product Liability Claim: There is the chance that the property owner was diligent in his duties and effectively serviced the elevators; if the lifts were properly maintained and did not have any issues according to inspectors, an accident stemming from a faulty elevator may be the result of a product defect. As a result, you can file a product liability claim against the manufacturer, distributor, or installer of the elevator.
A product liability claim can be distinguished by the type of malfunction of the elevator. If the elevator was deemed to have a design flaw, that means the designers and engineers are to blame; the product never should have made it to assembly, as there was a clear problem that would prevent it from working properly. There is also the chance of a manufacturing flaw, which can come about by the slight malfunction of a piece of machinery or usage of the wrong materials. Here, the manufacturer itself, as well as the plant, can be held responsible. Lastly, the lack of a warning can be used as grounds for a claim; if the manufacturer and distributor knew that the product could cause problems but did not affix a warning label or hazard label to the product or to the box, you can sue the manufacturer. The customer should be notified of all potential risks of using the product.
Which to Choose?
You may not know which claim to file in the wake of an elevator accident. We at Normandie Law Firm can help you file the specific, accurate personal injury claim against the responsible parties and help bring you the compensation you deserve. Our team will determine whether the accident was caused by the negligence of the property owner or the negligence of the manufacturer.
We believe in fairness for our clients. We promise to fight tooth and nail for your deserved restitution, as an elevator accident is almost never the passenger’s fault. Your responsibility is to get healthy and heal from your injuries, which could be extensive. You may have suffered broken bones, crushed body parts, sprains, and other injuries.
When all is said we done, we promise to have brought you compensation for medical bills, lost wages, and pain and suffering; if we do not win your case, you do not owe us any money for our legal representation. We offer this zero fee guarantee to you to show that we are confident in our abilities and that you will never be at a loss when we represent you.
Call Normandie Law Firm today for a free legal consultation where we will review your case. An attorney from our Los Angeles apartment will be more than happy to assist with any questions you may have.
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