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Elevator Accident Lawyer New York, NY

Elevator Accident Lawyer New York, NY

Elevator Accident Lawyer New York, NY

Our elevator accident lawyer New York, NY trusts knows that elevator accidents can happen at any time. In New York, sky rise buildings line the horizon. Each of these offices, apartment buildings, and shopping centers have multiple levels, and consist of, in total, nearly 76,000  elevators. These machines help people to get from floor to floor with ease, and although most will enjoy a smooth ride, accidents do happen.

In New York, elevator accidents have become more and more common over the years. As an elevator accident lawyer in New York, NY, we at Oddo & Babat have found that a majority of these incidents involve a property owner’s failure to maintain the elevator. These accidents may involve:

  • A falling elevator
  • Malfunctioning elevator
  • An elevator that traps people for hours
  • Malfunctioning doors

When an injured victim is in need of an elevator accident lawyer in New York, many will choose our firm. We are recognized by many different legal forums as being knowledgeable lawyers who have the ability to win multi-million dollar verdicts and settlements. If you have been injured in an elevator accident, please call the elevator accident lawyers in New York, New York at Oddo & Babat

The Most Common Types of Elevator Accidents

An elevator accident can occur in a broad number of ways; however, most of them will involve one of the following circumstances:

Falling Into the Shaft of the Elevator – An elevator that functions correctly should only open the doors when the elevator is aligned with the floor. If the elevator malfunctions and stalls above the floor landing point, or the shaft is being worked on by a technician, the elevator shaft may be exposed. It is possible that if a person is not paying full attention, they could fall down the shaft.

Abrupt Stops – It is possible for the control system to malfunction while the elevator is in motion or during a loss of power. If this should happen, it may come to a very sudden stop. Because passengers are not secured and may not be holding a railing, they could be thrown against the sides, door, or floor of the elevator. Blunt force trauma, broken bones, and head or spinal injuries may result.

Door Injuries – As a New York elevator accident lawyer, we have known of many cases that have involved closing doors. This can happen when the sensors are not working properly and close on the entering or exiting passenger’s body.

Trip and Fall – If the elevator is not properly aligned with the floor landing, a passenger might trip and fall; thereby suffering from facial, head, foot, or hip injuries.

If you have been injured in an elevator accident, there is a good chance that some sort of negligence is a factor. You should ask an elevator accident lawyer in New York, NY to review your case and help you to decide what to do next.

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As a well-known law firm, we have handled a broad range of cases, including those that involve large corporations or companies that have ample sized legal teams. We are not easily intimidated and will not be ready to accept the first settlement offer. If you are looking for an elevator accident lawyer in New York, NY, look no further than Oddo & Babat

A New York, NY Elevator Accident Lawyer Answers Your Commonly Asked Questions

The following are some of the most common questions our firm receives regarding elevator accidents in New York. If your question is not listed below, or you have further questions, please call an elevator accident lawyer New York, NY has to offer:

How Can I Pursue a Claim or Lawsuit?

In New York, NY, and under the personal injury laws, anyone who is injured in an elevator accident that involves negligence can typically file a claim or lawsuit against those responsible. A claim, or lawsuit, allows the victim or their loved ones to seek damages for:

  • Medical bills
  • Prospective medical treatment
  • Lost income
  • Lost wages
  • Pain and suffering
  • Loss of consortium

Potential parties who may be liable for an accident could include, but is not limited to:

  • The manufacturer of the elevator;
  • An engineer or architect;
  • The maintenance company; or
  • The property owner or manager

If someone has lost their life in an elevator accident, an elevator accident lawyer in New York, NY may recommend the representative of the estate to file a wrongful death claim. This will enable the family members to recover similar compensation to those listed above. 

How is Negligence Determined?

In order to seek damages, a New York, NY elevator accident lawyer will need to prove negligence. Even if the plaintiff was partly to blame, a portion of damages still may be available through comparative fault laws. That said, it is rare for a plaintiff to be at fault for an elevator accident. 

To prove negligence, it must be shown that:

  • The defendant owed the plaintiff a duty of care;
  • The duty of care was breached through an act of negligence, or inaction; and
  • The negligence, or inaction, was the primary cause of injury or death. 

In cases in which an employee was responsible, Respondeat Superior laws may apply. In this case, the employer would likely be liable for the negligence of the employee. 

Who Can File a Wrongful Death Claim?

Unfortunately, some elevator accidents result in a fatality. If you have lost a loved one to one of these tragedies, an elevator accident lawyer in New York, NY may recommend filing a wrongful death lawsuit. In this case, the representative of the estate would typically file. This person is often the same person who will handle the will, trust, and other estate-related matters. That being said, the following people can usually act as the representative:

  • The spouse or domestic partner
  • Surviving children (adult age)
  • Grandchildren, when there are no surviving children
  • Anyone else with a claim under the state intestate succession laws

What to Do When You Want to Make Your Case for Mechanical Defects

There are many reasons that elevator accidents can occur. Someone may have negligently tripped or pushed you causing an accident in an elevator. However, one of the scarier things that can occur is a mechanical defect. When this happens, you may be unaware of what is causing the elevator to be broken. Although elevator accidents that cause injuries are not as common as other types of accidents, they can cause permanent, severe, and life-threatening injuries. When you have been the victim of an elevator accident and are suffering from injuries, please give our office a call. 

When There Was a Mechanical Defect 

Remember, it is possible to avoid mechanical defects from occurring. This happens when the elevator is routinely inspected and properly maintained. For example, if the building owner was not keeping up with the appropriate amount of inspections for the building’s elevators and a defect was present that could have been avoided, you may have a strong claim against the building owner for negligence. Common types of malfunctions are: 

  • Problems with the wiring
  • Suddenly stopping while en route 
  • Inability to line up properly with the floors
  • A malfunction with the pulley system 
  • Doors opening to empty elevator shafts

These are all mechanical problems that could lead you to become seriously injured or even someone losing their life. 

Traumatic Brain Injuries From an Elevator Accident

If you were in an elevator accident, you may have sustained a traumatic brain injury (or a TBI). Because of the force it may take for an elevator to come to a stop when it is experiencing a problem, you may fall to the ground or hit your head on the side of the elevator. When this occurs, it is possible that you became injured and don’t know it. Common symptoms to look out for after an elevator accident where you hit your head are:

  • Fatigue
  • Headaches
  • Dizziness
  • Light or sound sensitivity
  • Problems concentrating
  • Slurred speech 

It is imperative that you seek help from a medical professional after you have been in an elevator accident. Brain injuries can go unnoticed because the symptoms may take days to progress. Your doctor can run tests, take x-rays, and write up a medical report that will help with your elevator accident injury claim. 

We understand that this was likely a very traumatic experience for you and support your right to seek damages. To see how we can help you with your claim, give our office a call. 

Can I File a Claim if I Got Stuck in A NY Elevator?

In New York, hundreds, if not thousands, of people will get stuck in an elevator each year. Thankfully, although scary, most people will escape unharmed. However, sometimes getting stuck in an elevator can cause physical or emotional harm that justifies filing a claim. As an elevator accident lawyer in New York, NY might explain to you, there are certain instances in which a person may be able to recover damages for negligent infliction of emotional distress. Serious emotional distress may be applicable when a reasonable person, of a sound mind, would not be able to cope with the mental stress under the circumstances. For example, if you were stuck in an elevator because the maintenance company flipped the wrong breaker during a test and now fear elevators to an extreme extent, compensation may be available. These types of cases are complicated and can be discussed by an elevator accident lawyer in New York, NY. 

Call the leading elevator accident lawyers in New York, NY at Oddo & Babat today for a consultation.

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