Westchester County Elevator Accident Attorneys

Reviewed by Jay S. Hausman, Esq.

Many people in Westchester County take elevators at least a few times a week, if not every day. Step in, choose your floor, and get out. What could go wrong? Unfortunately, a lot. Elevator accidents are more common than you may realize, but when they do happen, they are very serious. There are a number of reasons that an elevator accident may occur, whether it is mechanical or if there is an issue with the way the elevator was designed. If you have been the victim of an elevator accident in Westchester County, it is important to consider your legal options and see whether you are eligible for compensation. The elevator accident attorneys at Hausman Law Group have decades of experience assisting clients who have been injured in these accidents. Contact our firm today.

Common Causes of Elevator and Escalator Accidents in New York

Vertical transportation malfunctions are, unfortunately, often preventable and are generally the result of negligence by multiple parties. Unfortunately, elevator and escalator accidents in Westchester County often occur without prior warning and are generally the result of improper installation, defective parts, or inadequate maintenance.

Elevators and escalators are common fixtures in airports, malls, office buildings, doctor’s offices, and other locations. As such, you may not think twice before stepping onto an elevator. However, accidents can happen, and unfortunately, escalator and elevator accidents can result in serious injuries. As such, regardless of where you were injured in New York, our dedicated legal team is ready to assist you through this complex process.

Leading Causes of Elevator Accidents

• Failing to maintain elevators
• Door operator errors
• Drive malfunctions
• Improper installations of elevator systems
• Faulty wiring and electrical hazards
• Abrupt stops, sudden drops, or sudden starts
• Mechanical breakdowns or worn parts
• Control system malfunctions
• Pulley system malfunctions
• Negligent elevator design and manufacturing defects
• Power failures
• Lack of routine inspection and maintenance
• Falling down the elevator shafts

Most Common Causes of Escalator Accidents

• Missing comb plates
• Inadequate escalator lighting
• Loose or missing screws
• Improperly working emergency shut-off buttons
• Faulty handrails
• Electrical or mechanical malfunctions
• Escalator design flaws
• Clothing or limbs getting snagged by machinery
• Escalators reversing direction
• Missing steps
• Overcrowded escalators
• Between-step entrapments
• Finger entrapments
• Missing foot brushes
• Gaps and spaces

Types of Injuries Sustained in Serious Malfunctions

In the event that property owners fail to ensure the fixtures on their premises are functioning properly, or manufacturers design or produce defective parts, unsuspecting victims can face severe, often life-altering impacts. Those in these accidents can suffer from injuries that impact them for the rest of their lives, often needing long-term care and considerable financial compensation to cover medical expenses.

Injuries Most Commonly Sustained in Elevator Accidents

• Back injuries and spinal cord trauma
• Head trauma and severe concussions
• Neck injuries
• Broken bones
• Severed limbs
• Cuts and bruises
• Crush injuries
• Wrongful death
• Electrocutions due to faulty wiring

Injuries Most Commonly Sustained in Escalator Accidents

• Joint injuries
• Spinal cord injuries
• Torn ligaments
• Broken bones
• Cuts and bruises
• Concussions
• Traumatic brain injuries
• Soft tissue injuries

How do I determine liability in an elevator accident?

When you wish to bring a personal injury case because you have been hurt as a result of someone else’s negligence, it is necessary to fulfill the burden of proof. This means that you, the injured party, must prove that the negligent party failed to provide a safe elevator, which ultimately resulted in your injuries. Arguably the most challenging part of an elevator accident case is determining who the negligent party is. In some elevator accident cases, the property owner is liable. In others, however, the manufacturer of the elevator is liable. An experienced personal injury attorney can effectively determine who is at fault and hold them accountable.

If the property owner knew that the elevator was broken or needed regular maintenance but did not have the repairs made within a reasonable period of time, they can be held liable for the injuries sustained. Though it can be challenging to prove that a property owner knew about the issue and failed to fix it, it is possible with the help of an experienced attorney.

Premises Liability Actions Against Negligent Property Owners

It’s important to understand that property owners have a legal obligation to ensure their premises are safe for those on their property. Failure to do so can result in legal liability in the event someone sustains an injury and subsequent damages as a result of their neglect.

As such, premises liability laws are established to ensure that injured victims have legal rights in the event they suffer damages. However, in order for a claim to be successful, the injured party generally must prove:

• Duty of care: The property owner owed you a duty of care to ensure the premises are safe
• Breach of duty: The property owner breached this duty by creating a dangerous condition or allowing a hazard to exist on the property
• Causation: The dangerous condition caused your injuries
• Damages: You suffered measurable damages as a result of your injuries

Product Liability

If there was an issue with the elevator but it was undetectable to the property owner, it may be an issue of product liability. An attorney and an expert in the field will have to assess whether the designer or the manufacturer was at fault. If the elevator’s designer failed to consider all safety aspects, they can be held liable. If the design was safe but the manufacturer deviated from the approved plans, the elevator may be unsafe and cause an accident. Additionally, the elevator company can be held liable if they failed to provide labels and warnings necessary to keep users safe.

An attorney with the skill to take on a case of this complexity is necessary to help you recover the compensation you are entitled to. Hausman Law Group has decades of experience representing those who have been injured in Westchester County elevator accidents.

Product Liability Claims for Design and Manufacturing Defects

In some instances, the property manager may not be at fault for the injuries suffered by an individual following an elevator accident. This is because both elevators and escalators have a considerable number of moving parts that must be made properly to ensure they work. As such, if a manufacturer makes an error or cuts corners during the production process, these machines may become defective, ultimately resulting in an injury.

If a manufacturer, designer, installer, or repair contractor is found to be negligent, they can face liability for damages.

Steps to Take and Evidence to Collect Following a Location Malfunction

If you have suffered an injury as a result of a malfunctioning elevator or escalator in the Lower Hudson Valley region, including Rye, Harrison, Yonkers, White Plains, or anywhere in Westchester County, it’s critical to take the correct steps to best protect your health while also preserving your claim. As such, working with an experienced attorney is imperative, as they can help you gather important evidence to strengthen your claim.

Essential Steps If You Have Been Injured

• Call 911: It’s in your best interest to call 911 and request police and medical assistance at the scene. The police can file a formal report and interview witnesses, while emergency medical technicians can treat injuries and help transport you to a hospital for further care. Even if you feel okay, you should still seek care, as pain may be masked by adrenaline.
• Document the scene: If you are physically able to do so, you should take photos and videos of the accident scene, including the hazardous condition responsible for your injuries.
• Obtain witness contacts: You should gather the names and contact information of anyone at the scene of the accident, as they may be able to help corroborate your version of events regarding the accident.
• Seek medical attention: As mentioned, medical care is critical. Even if you do not go to the hospital, you should still follow up with your primary care provider shortly after the accident, as this can help establish a link between the incident and your injuries.
• Contact an experienced personal injury attorney: Your lawyer can immediately begin securing essential evidence before it is altered, lost, or destroyed.

Valuable Evidence to Strengthen Your Legal Claim

• Pictures and videos of the unsafe elevator or escalator conditions
• Surveillance footage or security camera footage of the accident as it happened
• Official medical documents and records proving the extent of your injuries
• Police reports detailing the incident
• Maintenance logs and inspection records detailing prior machine history
• Prior reports of unsafe conditions submitted to building management
• Witness statements confirming the presence of the safety hazard

Understanding the New York Personal Injury Statute of Limitations

It’s important to understand that New York, like all states, imposes a strict statute of limitations that essentially places a time limit on how long an injured party has to pursue legal action. Failure to act within this timeframe can result in a permanent bar preventing you from recovering compensation for damages.

How long do I have to sue someone for an injury in New York State?

• The statute of limitations for personal injury claims in New York State is three years from the date of the accident, in accordance with CPLR 214(5).
• Some exceptions may apply for injured minors.
• Injuries that happen on government-owned property, like injuries caused by an elevator in a municipal building, have a special process that requires the injured party to file a Notice of Claim within 90 days of the injury.

Contact our NY elevator accident attorneys

If you have been the victim of an elevator accident and suffered serious injuries, you may be entitled to damages for your medical bills, lost wages, pain and suffering, emotional distress, and more. Contact Hausman Law Group today to discuss how we can help.