These incidents can leave you feeling vulnerable and unsure of what steps to take, whether caused by a sudden drop, a malfunctioning door, or another unexpected malfunction.
Our personal injury law firm is here to provide the support and guidance you need during this challenging time.
Elevator accidents often result in severe injuries and overwhelming medical bills, but you don't have to face this alone.
Our compassionate, experienced team is dedicated to helping you understand your legal rights and options, taking the legal burden off your shoulders so you can focus on your recovery.
What is Needed to Have a Claim
To pursue a successful elevator accident claim, four key elements must be established:
- Duty of Care: Property owners, building managers, and elevator maintenance companies are responsible for ensuring the safety of those who use their elevators. This duty includes maintaining the elevator in proper working condition and addressing potential hazards promptly.
- Breach of Duty: A claim must show that this duty of care was breached. For example, if the responsible party failed to inspect or repair the elevator, ignored safety protocols, or allowed hazardous conditions to persist, they could be considered negligent.
- Causation: There must be a direct link between the breach of duty and the accident. You need to prove that the negligence—such as a malfunctioning door or improper maintenance—caused your elevator accident and resulting injuries.
- Damages: Finally, you must demonstrate that the accident caused measurable harm, whether physical injuries, financial losses like medical bills or lost wages, or non-economic damages like pain and suffering.
These elements form the foundation of a strong claim, helping to hold the responsible parties accountable for their negligence and seek fair compensation for your injuries in New York state.
Damages You Can Recover After An Elevator Accident In New York
If you've been injured in an elevator accident, you may be entitled to various types of damages:
- Economic Damages: These cover measurable financial losses, including medical expenses for treatment, hospital bills, rehabilitation costs, and lost wages due to time off work. They also encompass future financial impacts, such as ongoing medical care or reduced earning capacity.
- Non-Economic Damages: These address intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. They reflect the physical and psychological impact of the accident, which can affect one's overall quality of life.
- Punitive Damages: In cases where the elevator malfunction was due to gross negligence or willful misconduct, punitive damages may be awarded. These are intended to punish the responsible party and deter similar conduct in the future, going beyond mere compensation to address the egregiousness of the behavior.
Proving Liability in an NYC Elevator Accident
Every elevator in New York City is managed by a person or organization responsible for ensuring passenger safety. It's their duty to ensure that all elevators are regularly maintained, repaired, and safe for public use.
When these responsibilities are not met, and an elevator is unsafe or malfunctioning, the person or organization in charge can be held accountable for any injuries or fatalities that result from an accident.
As experienced elevator accident lawyers, we specialize in identifying the root cause of such accidents and pursuing legal action against those at fault. Your case will primarily focus on the responsible party's negligence or lack of care.
How to Get in Touch With Us
If you’ve been involved in an elevator accident and need legal assistance, there are several ways to reach out to our New York personal injury attorneys:
- Telephone: Give us a call at (718) 650-2462.
- Contact Form: Fill out our online contact form for a quick and easy way to get started.
We offer a free consultation, so you can discuss your elevator and escalator accident case with no upfront costs. We're here to help guide you through the process and provide the support you need.
Meet Your Elevator Accident Attorneys in NYC
At Ajlouny Injury Law, we understand that dealing with an elevator accident can be overwhelming.
Our role as New York personal injury attorneys extends beyond providing legal expertise—we’re here to give you the compassionate support and clear guidance you need to move forward confidently after such a traumatic experience.
Paul Ajlouny
Paul Ajlouny is a widely respected personal injury lawyer in Brooklyn, known throughout New York State for his legal expertise and caring approach. With over $150 million in settlements secured for his clients, Paul’s dedication to putting people first and pursuing justice has earned him a strong reputation within the legal community.
Michael Levitz
Michael Levitz offers a fresh perspective to personal injury law, combining his legal knowledge with the strategic thinking he honed as a competitive athlete.
Recognized as one of the Top 40 National Trial Lawyers under 40 and a recipient of Super Lawyers Magazine’s Rising Star award, Michael strives to secure the best possible outcomes for every client he represents.
Important Initial Advice After an Elevator Shaft Accident
In the chaotic moments following an accident, knowing what steps to take can be important to securing your well-being and protecting your rights. Here’s a guide to help you handle the situation effectively and confidently.
- Seek Immediate Medical Attention: Even if you feel fine, it's essential to get a medical evaluation right away. Some injuries from elevator accidents, such as internal injuries or delayed symptoms, may not be immediately apparent but can be serious.
- Document the Scene: Take clear photographs of the elevator, its surroundings, and any visible damage. Capture details like the position of the elevator, the state of the doors, and any visible hazards or malfunction indicators.
- File an Incident Report: Report the accident to building management or the property owner immediately. Ensure that a formal incident report is created, as this document will be important for your claim.
- Gather Witness Information: Collect contact details of any witnesses who saw the accident occur. Their statements can provide valuable support for your case.
- Preserve Evidence: Keep any items involved in the accident, such as torn clothing or personal belongings damaged during the incident. If possible, avoid using the elevator until it has been inspected and repaired.
- Avoid Making Statements: Do not provide detailed statements to insurance adjusters or other parties without consulting a lawyer. Early statements can be used against you later.
- Keep a Record of Your Injuries: Maintain a personal injury journal documenting your injuries, treatment, and how the accident affects your daily life. This record can help illustrate the extent of your suffering and recovery process.
- Follow Medical Advice: Adhere to all recommended treatments and follow-up appointments. Your compliance with medical advice demonstrates the seriousness of your injuries and aids in your recovery.
- Consult a Personal Injury Lawyer From Our Team: Contact a lawyer experienced in elevator accident cases from Ajlouny Injury Law to understand your legal rights and options. We can guide you through the claims process and advocate on your behalf.
- Refrain from Public Discussion: Avoid discussing or posting about the accident on social media. Public statements can be misinterpreted and potentially used against you in legal proceedings.
Deadlines For Filing an Elevator Claim in New York City
In New York City, the statute of limitations for an elevator accident typically depends on the nature of the claim:
- Personal Injury: If the elevator accident results in personal injury, the statute of limitations is generally three years from the date of the accident. This means that the injured party has three years to file a lawsuit.
- Wrongful Death: If the accident results in death, a wrongful death claim must be filed within two years of the date of death.
- Property Damage: If the elevator accident causes property damage, the statute of limitations for a property damage claim is generally three years.
- Claims Against a Government Entity: If the elevator accident involves a building owned by the city or another government entity, a claim must be filed with the government within 90 days, and the lawsuit must be initiated within one year and 90 days from the date of the accident.
Gathering Evidence For an Elevator Accident Lawsuit
Securing the right evidence is essential for a successful elevator accident lawsuit. Here’s what you should gather:
- Medical Documentation: Collect all records of your injuries and treatments, including hospital reports and diagnostic tests.
- Accident Report: Obtain any formal report created by building management or the elevator company about the incident.
- Witness Information: Get contact details and statements from witnesses who observed the accident.
- Photographs: Take clear pictures of the accident scene, including the elevator and any visible defects, as well as your injuries.
- Maintenance Records: Request documentation on the elevator’s maintenance and inspection history to check for prior issues.
- Surveillance Footage: If available, obtain video footage from security cameras that captured the accident.
- Communication Records: Gather all correspondence related to the accident, including emails and letters with building management or insurance companies.
We know gathering this evidence can be intimidating, especially while you’re recovering. Let our team at Ajlouny Injury Law handle the details for you so you can focus on your health after being hurt in an elevator.
Contact us today to learn how we help accident victims with gathering evidence.
What Can I Expect to Pay?
At Ajlouny Injury Law, we operate on a contingency fee basis, which means you won’t pay any upfront costs or out-of-pocket expenses. Instead, our fees are based on a percentage of the compensation we secure for you.
This model ensures that our interests are aligned with yours—we only get paid when you do. Our goal is to make high-quality legal representation accessible and stress-free, allowing you to focus on your recovery without financial worry.
Why Choose Us Over Other New York Elevator Injury Lawyers?
At Ajlouny Injury Law, we distinguish ourselves from other New York elevator injury lawyers through a blend of unparalleled expertise and genuine empathy. Our firm’s deep-rooted commitment to justice is not just about winning cases; it’s about making a real difference in the lives of our clients.
Our team, led by highly respected attorneys with proven track records, is dedicated to handling elevator injury claims with precision and care. We take the time to thoroughly investigate every case, leveraging our extensive network of experts and resources to build a compelling case for you.
Choosing us means you’ll benefit from our unwavering dedication to securing the compensation you deserve while also receiving compassionate support throughout the process. We’re not just your lawyers; we’re your advocates, committed to standing by your side every step of the way.
The Danger of Elevator Accidents
Elevator accidents can cause catastrophic injuries, often hindering one's ability to function. A private inspector recently rated nearly 2,000 elevators as satisfactory or with no violations, but in the next 90 days, the city rated those same elevators negatively.
Typical Types of Elevator Accidents in Our Experience
When pursuing a lawsuit for an elevator accident, it’s key to identify the specific type of incident, as injuries can vary widely. Here are some typical scenarios:
- Abrupt Elevator Stops: Sudden halts can jolt passengers, causing injuries like fractures or dislocations.
- Limb Entrapment or Falls: Poor alignment of the elevator with the floor may result in limbs getting caught or passengers falling into the shaft.
- Door Malfunctions: If doors close prematurely, passengers may be trapped, leading to severe injuries if the elevator begins to move.
- Unexpected Speed Changes: Rapid acceleration or deceleration can cause serious injuries.
- Entanglement with Equipment: Passengers, maintenance workers, and repair personnel might suffer injuries from malfunctioning equipment.
- Excessive Speed: Elevators that move too fast can inflict severe physical harm and psychological distress, causing some individuals to avoid using them.
Common Causes of Elevator Malfunction
While some elevator accidents are related to negligent inspections, other elevator malfunctions include:
- Power failure
- Faulty wiring
- Defective or damaged doors
- Improper installation or maintenance
Injuries Sustained in NYC Elevator Accidents
Elevator accidents can lead to a range of serious injuries, often due to the force and impact involved. Here are some common types of injuries sustained in these incidents:
- Traumatic Brain Injuries: Falls or sudden jolts can result in concussions, skull fractures, or more severe brain injuries, which may lead to long-term cognitive and physical impairments.
- Spinal Cord Injuries: Sudden, severe impacts or falls can damage the spinal cord, potentially resulting in partial or complete paralysis, which can affect mobility and bodily functions.
- Fractures and Broken Bones: The force from an elevator accident can cause various fractures or broken bones, such as in the arms, legs, or ribs, often requiring extensive medical treatment and rehabilitation.
- Internal Injuries: The impact of a sudden elevator stop or crash can cause internal injuries to organs such as the liver, spleen, or kidneys, which may not be immediately apparent but require prompt medical attention.
- Lacerations and Bruises: Accidents can cause deep cuts, scrapes, or significant bruising due to falling debris or contact with the elevator’s interior components.
- Soft Tissue Injuries: Strains, sprains, and injuries to muscles, ligaments, and tendons can occur, often leading to chronic pain and limited range of motion.
- Emotional and Psychological Trauma: The shock and stress from a traumatic accident can lead to emotional and psychological issues, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
If you or someone you know has been involved in an elevator accident, it's important to seek immediate medical attention and consult with our knowledgeable attorneys to understand your rights and options for recovery.
Other Locations We Serve
Our dedicated team is here to assist you no matter where you are, offering expert legal support throughout the entire city. Here are just a few of the locations our personal injury lawyers cover:
- Brooklyn
- Garden City
- New York
- Queens
Speak to our New York Elevator Accident Law Firm Today!
If you or a loved one has suffered from an elevator accident, we understand the challenges and uncertainties you’re facing. At Ajlouny Injury Law, we offer our legal expertise and the compassionate support you need during this difficult time.
Contact us today if you were injured in an elevator accident or have sustained injuries from an escalator accident. Schedule your free consultation with our injury attorney team.
