Elevators are an everyday part of life in New York City. Millions of people rely on elevators in apartment buildings, office buildings, hotels, stores, hospitals, construction sites, and other properties. When an elevator is improperly maintained or develops a dangerous mechanical condition, the consequences can be serious.
A sudden elevator malfunction can cause a passenger to fall, become trapped, suffer an impact injury, or be exposed to other dangerous conditions. In some cases, an elevator may move unexpectedly, stop unevenly between floors, open its doors when it is not properly positioned, or experience problems with its doors, brakes, cables, or other safety components.
If you were injured in an elevator accident in New York City, Goidel & Siegel
can investigate what happened and determine whether a property owner, elevator maintenance company, management company, contractor, or another responsible party may be liable for your injuries.
Elevator Accidents in New York City
New York City has one of the largest and most heavily used elevator systems in the country. The NYC Department of Buildings reports that the City has more than 70,000 elevators and escalators. Elevators are subject to extensive inspection, testing, maintenance, and safety requirements.
Despite these requirements, elevator accidents can occur when equipment is defective, maintenance is neglected, known problems are not repaired, or an elevator is allowed to remain in service despite dangerous conditions.
An elevator accident may appear to be a simple mechanical failure, but determining who is responsible can require a detailed investigation of the elevator, the building, its maintenance history, inspection records, violations, repair records, and the circumstances surrounding the accident.
Common Types of NYC Elevator Accidents
Elevator accidents can happen in many different ways. Some of the most common include:
The NYC Department of Buildings identifies defective hoistway doors, door interlocks, car doors or gates, safety devices, brake assemblies, hoist machines, cables, and other defective equipment among conditions that can present serious safety concerns.
Injuries Caused by Elevator Accidents
An elevator accident can cause anything from a relatively minor injury to a catastrophic or fatal injury.
Potential injuries include:
The severity of an injury may not always be apparent immediately after an elevator accident. Some injuries, particularly back, neck, head, and internal injuries, may become more apparent over time.
Anyone seriously injured in an elevator accident should obtain appropriate medical attention and preserve documentation concerning the accident and resulting injuries.
Who May Be Responsible for an Elevator Accident?
Determining liability after an elevator accident can be complicated because several parties may have responsibilities involving the elevator.
Depending on the circumstances, potentially responsible parties may include:
Property Owners
Building owners generally have responsibilities concerning the safe condition and maintenance of elevators on their property. NYC regulations require owners of passenger and freight elevators to maintain a contract with an approved elevator agency for maintenance, repair, and replacement work.
If an owner knew or should have known about a dangerous elevator condition and failed to address it, the owner may potentially be held responsible for resulting injuries.
Property Management Companies
A management company may be responsible for overseeing building maintenance, responding to complaints, coordinating repairs, or communicating known elevator problems to the owner or maintenance company.
Elevator Maintenance Companies
Elevator companies are hired to inspect, maintain, repair, and service elevator equipment. If negligent maintenance or an improper repair contributes to an accident, the maintenance company may become an important part of the investigation.
Contractors and Other Companies
Construction, renovation, modernization, or repair work can create additional risks. Contractors or other companies working on an elevator or building may potentially be responsible when their negligence contributes to an accident.
Manufacturers
In certain cases, an elevator component may have been defectively designed or manufactured. A product liability claim may be possible when a defective component causes an injury.
Determining who is legally responsible requires examining the specific facts of the accident rather than assuming that the building owner is automatically liable.
NYC Elevator Inspection and Maintenance Requirements
New York City has specific requirements governing elevator inspections, testing, maintenance, and operation.
The NYC Department of Buildings states that elevators must undergo required inspections and testing, including periodic inspections and category testing. Building owners are also required to maintain a contract with an approved elevator agency.
The City also requires maintenance documentation, including records concerning maintenance performed on elevator equipment.
These records can become important evidence following an elevator accident.
Investigating an Elevator Accident
A thorough investigation may involve much more than simply determining that an elevator malfunctioned.
At Goidel & Siegel, an elevator accident investigation may involve examining:
The elevator’s mechanical components
The NYC Department of Buildings maintains elevator inspection and safety information, and its Elevator Unit investigates elevator accidents and incidents.
Why Elevator Records Matter
An elevator accident may be the result of a problem that existed before the accident occurred.
For example, an elevator may have had:
Evidence documenting these conditions may help establish what the property owner, management company, or maintenance company knew about the elevator before the accident.
Elevator Door Accidents
Elevator doors can create particularly serious hazards.
An elevator passenger may be injured when doors close unexpectedly, fail to detect a person, malfunction, or operate when the elevator is not properly positioned at a floor.
NYC regulations specifically identify defective hoistway doors, door interlocks, car doors, car door switches, and related safety equipment as potentially dangerous conditions.
A proper investigation should determine whether the elevator’s door system was functioning correctly and whether the building or maintenance company had knowledge of previous problems.
Elevator Leveling Accidents
Another common elevator hazard occurs when the elevator car stops above or below the level of the building floor.
Even a relatively small gap or height difference can cause a passenger to trip and fall while entering or exiting an elevator.
These accidents can be especially dangerous for older adults, people carrying packages, individuals using canes or walkers, and anyone whose attention is directed toward entering or exiting the elevator.
Photographs of the elevator and floor immediately after an accident can be important evidence.
Elevator Shaft Falls
Falls into elevator shafts can cause catastrophic injuries or death.
These accidents may involve defective doors, improperly secured access points, construction work, maintenance activities, or other dangerous conditions.
Because elevator shafts present an extreme hazard, an investigation into a shaft fall may require examination of the elevator equipment, doors, safety systems, building records, inspection history, and applicable safety requirements.
Construction Elevator Accidents
Elevators used during construction or renovation projects present additional risks.
Workers and other individuals may be exposed to hazards involving temporary elevators, construction hoists, freight elevators, elevator shafts, equipment installation, maintenance, and ongoing construction operations.
When a construction-related elevator accident occurs, determining liability may involve multiple contractors, subcontractors, property owners, construction managers, equipment companies, and other parties.
The facts of the accident are critical to determining which laws and legal claims may apply.
What to Do After an Elevator Accident in NYC
If you are injured in an elevator accident, consider taking the following steps when you are physically able:
1. Get medical attention.
Your health should be your first priority. Follow your medical provider’s recommendations and keep records of your treatment.
2. Report the accident.
Notify the building owner, manager, employer, or appropriate person responsible for the property.
3. Document the elevator.
If it is safe to do so, photograph or video the elevator, doors, floor gap, warning signs, visible defects, and surrounding area.
4. Identify witnesses.
Obtain names and contact information for people who saw the accident or observed the elevator’s condition.
5. Preserve evidence.
Keep photographs, videos, correspondence, incident reports, medical records, and other documentation related to the accident.
6. Do not assume the cause of the accident.
An elevator may have a complicated mechanical history that is not apparent to an injured passenger.
7. Speak with an experienced NYC injury attorney.
An attorney can investigate the circumstances of the accident and determine whether additional records or evidence should be obtained before they are lost or altered.
How an Elevator Accident Lawyer Can Help
Elevator accident cases can involve complicated questions about property ownership, maintenance contracts, inspections, repairs, building violations, notice, causation, and insurance coverage.
An experienced attorney can investigate the accident and work to determine:
At Goidel & Siegel, we understand that a serious elevator accident can affect every part of a person’s life. Our attorneys work to investigate the facts, identify potentially responsible parties, and pursue the compensation available under New York law.
Contact Goidel & Siegel About an NYC Elevator Accident
If you or a family member was injured because of an elevator accident in New York City, you may have questions about who is responsible and what legal options are available.
Don’t assume that an elevator malfunction is simply an unavoidable accident. The condition of the elevator, its maintenance history, inspection records, prior complaints, and other evidence may provide important information about what caused the accident.
Contact Goidel & Siegel to discuss your NYC elevator accident with an experienced personal injury attorney.
Frequently Asked Questions About NYC Elevator Accidents
Who is responsible for an elevator accident in NYC?
Potentially responsible parties can include a property owner, building management company, elevator maintenance company, contractor, or manufacturer. Liability depends on the specific facts and evidence surrounding the accident.
Are NYC elevators required to be inspected?
Yes. NYC requires elevator inspections and testing, including periodic inspections and category testing. The NYC Department of Buildings oversees elevator compliance requirements.
Can I sue if an elevator suddenly drops or stops?
Potentially. An unexpected elevator movement may result from a mechanical, maintenance, inspection, or other problem. A legal claim depends on the circumstances of the accident, the cause of the malfunction, and the evidence establishing responsibility.
What if I tripped because the elevator stopped unevenly?
A person injured while entering or exiting an elevator may potentially have a premises liability claim or another type of negligence claim. The elevator’s condition, the cause of the uneven stopping, notice of the condition, and other circumstances would need to be investigated.
What evidence should I preserve after an elevator accident?
Photographs and videos of the elevator, witness information, medical records, accident reports, correspondence with building management, and information about the elevator’s condition can all potentially be important. Elevator inspection, maintenance, repair, and violation records may also be relevant.
How long do I have to file an elevator accident lawsuit in New York?
The applicable deadline depends on the facts of the case and the identity of the potentially responsible parties. Claims involving municipalities or other governmental entities can involve additional notice requirements and shorter deadlines. Because missing a legal deadline can affect your rights, you should consult an attorney promptly after a serious elevator accident.
What if my elevator accident happened at work?
An elevator accident involving a worker may involve workers’ compensation as well as potential claims against third parties, depending on the circumstances. Construction elevator accidents can raise additional legal issues involving contractors, property owners, and other entities.
Experienced NYC Personal Injury Representation
Elevator accident cases require careful investigation because the cause of an accident may involve equipment, maintenance, inspections, building management, construction work, or multiple potentially responsible parties.
Goidel & Siegel represents injured people throughout New York City and handles serious personal injury cases involving dangerous property conditions and defective or improperly maintained equipment.
If you were injured in an elevator accident, contact Goidel & Siegel to learn more about your legal options.
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