Elevator Liability Lawyers
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Types of Elevators
An elevator is classified as a car or cage installed in a building that is used for the vertical transportation of persons and property. There are three types:
- Manual: Elevators operated by an attendant who takes directions from the passenger (rarely used anymore)
- Automatic: Elevators operated by passengers without the use of an attendant
- Escalators: While not technically elevators, these electronically-powered staircases are similar to elevators and will typically involved the same liability issues.
What Do I Have To Prove To Recover For Personal Injury In An Accident Involving The Use Of An Elevator?
Typically, elevator accidents occur because of negligence on the part of the party responsible for the accident. While the party that is potentially liable will vary depending on the type of accident, you still must prove the elements that are typical in a "prima facie" case of negligence. These are:
- The negligent party owed you a duty of care
- The negligent party breached this duty
- The negligent party's breach was the cause of your personal injury
If I Am Unsure Which Party's Negligence Caused My Injury, What Can I Do?
Often you will not know the cause of your accident or the nature of the responsible party¿s negligent actions. Consequently, you can attempt to establish that the doctrine of res ipsa loquitor is applicable, thereby requiring the allegedly responsible party to show that he was not negligent in some way. All you have to do is show you were injured in an elevator.
Who May Potentially Be Liable For Elevator Accidents?
Determining who is liable for an elevator accident depends on the nature of the accident. Individuals that may be liable for elevator accidents include:
- The owner of the building in which the elevator is located
- Any elevator maintenance company hired to inspect or repair the elevator
- Designers and/or manufacturers of the elevator
- People hired to install the elevator in the building
- Attendants responsible for operating a manual operator
What Are The Most Common Types Of Elevator Accident Claims?
- Elevator doors unexpectedly slam shut on someone
- Sudden elevator movements or "free-falls" that cause injuries
- Person falls down an open elevator shaft that was not readily visible
- Elevator gets stuck between floors
- Defects in the design or manufacture of the elevator or its doors
- Escalator injuries
Should I Contact A Personal Injury Attorney About My Elevator Injury?
If you have been injured while riding in or getting out of an elevator, you should seek the advice of a personal injury attorney. An experienced personal injury attorney can help determine the strength and viability of your case, and help you get properly compensated for your injuries.
Consult a Lawyer - Present Your Case Now!
Last Modified: 01-26-2011 04:31 PM PST
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