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Elevators can malfunction in many ways. Hard stops, rough operation, and malfunctioning doors can lead to injuries without any blame on the passengers. Instead, these injuries happen when property owners, repair technicians, and manufacturers fail to do their jobs properly.
When these parties place elevator passengers in danger, The Law Giant stands with the victims. We stand up to powerful businesses and their insurers to help injured victims pay their medical bills and living expenses while they put their lives back together. Reach out to The Law Giant for a free consultation to discuss your elevator accident with an experienced Texas elevator accident lawyer.
Elevator accidents can happen for many reasons, including:
Construction accident studies have evaluated how these issues can lead to injury and death in elevators. Some of the most common scenarios include:
Perhaps the least likely cause of injury or death associated with elevators is elevator collapse. This accident happens when the elevator suddenly rises or drops.
Elevators are designed to prevent this type of accident. An elevator collapse often requires the failure of several systems. These happen because of natural disasters, non-compliant equipment, or long-term neglect of maintenance and repairs.
Passengers expect the car to be present when the door opens. A common cause of elevator deaths happens when the interlock fails, allowing the door to open when the car is not positioned in front of it. The passenger falls into the shaft, not realizing the car is either above or below the door opening.
These accidents can happen in various ways. The elevator’s interlock system might break because of defects, improper repairs, or deficient maintenance. It can also result from software glitches.
Elevator crush injuries happen when the passenger gets crushed in the door, between the car and door, or between the car and shaft. This accident could happen when the door sensor fails, allowing it to close on a passenger.
More disturbingly, a door sensor failure can allow the car to move when the door remains open. These accidents happen when the mechanical or electronic sensor fails due to manufacturing defects, improper maintenance, and software problems.
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
In Texas, property owners must take reasonable measures to protect their guests. The party must look for possible hazards and repair them.
This legal duty applies to residential, commercial, and industrial property. If an injury occurs due to an elevator accident in which the device was poorly maintained, the property owner could be held liable.
When this principle is applied to elevator systems, the responsible party has a high burden. Elevators require almost continuous maintenance, inspections, and repairs. If an elevator malfunctions, the responsible party must close the elevator until a professional can fix it.
A homeowner with a residential elevator will often contract with a company to provide regular inspections and maintenance. If they fail to do so, they may face premises liability due to a failure to meet their duty of care.
Premises liability lawyers can pursue claims against any party responsible for an elevator, including:
If the elevator was defectively manufactured or installed, you may also have product liability claims against the company that built, designed, and installed it.
After an injury caused by someone else’s actions, you can pursue compensation from anyone who contributed to your accident. The compensation can cover medical expenses, lost wages, and other economic losses. It also may cover pain, mental anguish, disability, and other non-economic losses.
If the elevator accident results in a fatal injury, the family can pursue a Texas wrongful death claim. These claims often result in significant compensation because the income losses are measured across the victim’s remaining lifetime. Also, the family can seek exemplary damages for gross negligence.
When victims contribute to the cause of their accidents, they lose a share of their compensation. For example, suppose that someone was injured in an accident when they propped the elevator door open and got crushed when the door alarm sounded and the doors closed. The building’s owner might be 70% at fault for failing to warn users against propping the door open.
But the victim might also be 30% at fault for trying to jump into the elevator after the door alarm went off and the doors started closing. The victim in this example can only recover 70% of their losses. This principle applies to many case types in Texas, including escalator incidents.
After an accident, you can improve your claim by taking the following steps:
Commercial elevators are heavily regulated. The government will typically investigate your accident by looking for violations of building codes, workplace safety regulations, and elevator licensing regulations. These investigative findings can help your elevator accident lawyer determine what happened and who might bear the liability for your injuries.
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Elevators have mechanical safety brakes that work with the weight of the elevator car to stop the elevator from falling down the shaft. However, when these brakes engage during accidents, the car stops suddenly, potentially causing elevator injuries.
Commercial elevator accidents are relatively rare, with a few dozen deaths and a few thousand injuries across the U.S. each year. For comparison, millions of people are injured or killed in car accidents each year.
The at-fault party in an elevator accident may be required to cover the economic and non-economic losses of the victims. These losses include medical bills, lost income, and pain and suffering.
Elevator claims often involve powerful businesses, like property insurers and elevator manufacturers. An elevator accident lawyer from The Law Giant levels the playing field as you pursue your claim.
Experience matters when you pursue a claim for unusual accidents like elevator accidents. The premises liability lawyers at The Law Giant have decades of experience and have recovered over $700 million in compensation for injured clients. We stand up to powerful companies and their insurers when elevators malfunction.
An elevator accident can leave you with serious injuries and long-term disabilities. Contact The Law Giant for a free consultation to discuss your injuries with a seasoned Texas elevator accident lawyer today.
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San Antonio, TX 78201-2852
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