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Do You Need a Bronx, NY Elevator Accident Attorney to Pursue a Damages Claim?

May 16, 2019 Elevator Accidents

Did you know there are more than 50,000 escalators and 900,000 elevators in the US?  Each elevator services an average of 20,000 people every year.

The number doesn’t sound that crazy considering how much we depend on them to get to-and-from work every day.

But have you stopped to consider how dangerous these seemingly safe elevators can be? Every year, nearly 30 people lose their lives in elevator-related accidents.

There are dozens of different ways an elevator can malfunction and the passengers inside can get injured. Here are a few ways an elevator can cause injuries:

  • A mechanical breakdown or malfunction in the pulley system can cause the elevator to drop suddenly
  • The shaft is open and doors malfunction, causing the people to fall into the shaft
  • The elevator isn’t leveled correctly and fails to line up evenly with the floor, causing people to trip and fall while exiting or entering
  • When the elevator doors suddenly close due to a malfunction, before the people have had a chance to get out or in safely
  • Every time an elevator control malfunctions or the wiring is faulty, there is a risk of electrocution or fire.

Different types of elevators

Elevator Accident

As you know, an elevator is a carriage installed in a building that is used to transport people or property vertically. There are 3 kinds of elevators:

Automatic: Automatic elevators are operated by passengers; no need for an attendant.

Manual: An attendant is needed to operate the elevator.

Escalators: These are obviously different than elevators but they involve the same liability issues.

What to do after you’ve been in an elevator accident in Bronx, NY?

Have you or someone you know has been in an elevator accident? Here are the steps you should take right away:

Seek medical attention

Go to an emergency room or a hospital to get medical treatment immediately. If you are in no condition to drive, call an ambulance. Certain injuries may not be visible at first, especially if your body has suffered a great deal of trauma. So, make sure you are thoroughly examined by a doctor as soon as possible.

Take pictures

Most people have cameras on their cell phones these days, so if you do too, take clear, good-quality pictures of the elevator in question. Take pictures of inside and outside of the elevator, and anything else that identifies the accident scene.

Gather evidence

If possible, write down pertinent details regarding the elevator in which you were injured, including:

  • Name of the manufacturer
  • Number of the elevator
  • Name of the maintenance company

In addition, also record names, phone numbers, and addresses of any witnesses who were present during your accident.

File an accident report

Obtain a copy of the accident report from the management board of the building before leaving (if possible.)

Get in touch with an experienced, reliable Bronx elevator accident attorney

Elevator Accident Attorney

Finally, contact a well-established and reputable personal injury law firm. A skilled attorney will be able to help you in several ways:

  • Help you get the necessary medical attention
  • Conduct an expeditious investigation regarding your case
  • Handle all communications and negotiations with your insurer
  • Identify responsible parties for your losses

Who is considered responsible for a Bronx elevator accident?

There’s a lot that goes into the construction, installation, and maintenance of a single elevator. That is why almost every accident is unique and can cause different types of damages and injuries.

The first thing your attorney will do in preparing your case is identifying everyone who was involved in manufacturing, installing, and servicing the elevator.

It is highly significant that your personal injury lawyer knows how to investigate your accident details properly, including the cause of the accident and the party who was at fault.

Generally, in an elevator accident, responsible parties include:

Manufacturer: If a part of the elevator malfunctioned, then the manufacturer may be held responsible. For example, if a specific part of the machinery has failed before in similar models of elevators, it will prove that the manufacturer was aware of the risks and did nothing to rectify it.

Installation expert: It is important to follow the building codes and laws before installing an elevator. If the accident occurred because the installation expert failed to do that, they may be held responsible.

Maintenance company: Most property owners hire a maintenance company to make sure their elevators stay in top shape.

The maintenance professionals are responsible for routine inspections and repairs of the elevators system. If your elevator accident occurred because a repair wasn’t done correctly, these guys may be held responsible.

Property owner and manager: In some cases, property owners fail to schedule regular maintenance or repair for the elevators in their building. If that’s what happened and it resulted in your accident, the property owner and/or property manager may be held responsible for your injuries.

After an accident, an exhaustive investigation should be conducted by the property owner’s insurance company. Meanwhile, the elevator should be put out of service until the cause of the mishap is identified and rectified.

What are premises liability laws in Bronx, NY?

Injuries from elevator or escalator accidents can sometimes cause long-term and permanent damage to the victims.

That’s why the Bronx has premises liability laws in place to protect the legal rights of injured victims who are in critical need to pursue compensation from the responsible party.

In elevator-related personal injury cases, it falls on the injured victim to prove that the property owner knew or should have known about the risks and failed to take action to solve the situation.

If that intentional negligence led to your injuries, you may be able to recover financial damages for your losses.

What are product liability laws in Bronx, NY?

Sometimes, the property owner may not be responsible for the elevator accident at all. As we mentioned before, escalators and elevators come with a lot of moving parts. If even a single one of them is damaged or defective, it can lead to a catastrophic accident.

If the manufacturer or designer of the elevator (or escalator) acted in negligence, you may be able to file a lawsuit against them.

If the defect was design-related, you (the plaintiff) will have to establish that an equally practical and economically feasible design was completely possible.

If the defect was manufacturing-related, the design was good but the elevator manufacturer wanted to save money or time, so, they cut corners. And that’s what caused the accident and your injuries.

Your elevator injury attorney will investigate the case in detail to find out what kind of defect led to your accident and who is the liable party.

Have you been injured in a Bronx elevator accident?

Whether it’s you or a loved one who has suffered injuries from an elevator accident, we recommend obtaining as much information as possible about your accident. Take pictures immediately after your accident.

Jot down names and phone numbers of witnesses, if any. Listing down the contact details of witnesses is pivotal and we can’t stress it enough.

If the accident happened on your work premises, report the accident to your supervisor or manager. In order to file a Workers’ Compensation claim, it is essential to notify your manager within 30 days of the date of the accident.

And most importantly, do not agree to a taped recorded conversation with your supervisor or a lawyer or insurance agent who are working for your employer.

Even though the workers’ compensation system is designed to be supportive of injured workers, the entire process can be quite vexing. We don’t need to tell you that the system is not as straight-forward as it should be. That’s why it is imperative to have a tenacious lawyer by your side.

I repair elevators for a living. I was injured on-job in Bronx, NY. Do I have a claim?

You definitely have a Workers’ Compensation claim. According to the Bronx, NY laws, as a worker who’s been injured on the job, you have the right to receive compensation.

You also have a right to get necessary medical treatment, including medications and physical therapy. Your rights include financial compensation in the form of lost wages as long as you are out of work.

And if a third party is found to be responsible for your injuries, then you have a right to bring a personal injury lawsuit against them.

Hiring a law firm to represent your interests ensures that your rights are protected in any scenario.

Do I need a Bronx elevator accident lawyer based?

If you have been severely injured in an elevator accident or a loved one has succumbed to their elevator-accident injuries, you may be able to receive financial compensation. It’s true that money won’t rectify what happened but it will surely go a long way in ensuring you lead a peaceful life.

The personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff law firm have represented thousands of injured victims and their families in elevator accident cases.

We know the entire legal system like the back of our hands and do everything in our power to get you the maximum settlement possible.

As we mentioned earlier, whatever happens, just don’t talk to insurance companies before talking with a lawyer.

Those insurance companies are working on behalf of the defendant and they will do everything they can to get out of paying you. They generally try to prove that your injuries were not caused by the accident or that your injuries were preexisting.

Or worse, they may try to pin the whole thing on you, saying that you were responsible for the accident.

An average person is simply not equipped to handle these outrageous claims on their own. On the other hand, a Bronx elevator accident attorney who has plenty of experience will not only argue against these claims, they will obtain the highest compensation possible for you.

Also, if your injuries are serious and require expensive medical care, do not leave the matter in “God’s hands”. Find an elevator accident attorney in Bronx, NY as soon as possible after your accident.

When it comes to filing lawsuits, there are numerous important deadlines that must be met or you won’t even have a case.

How can an elevator/escalator accident attorney help me?

All personal injury cases are complex and the same goes for elevator or escalator injury cases as well. The key to protecting yourself and your future interests is by hiring a personal injury lawyer based in Bronx, NY.

They represent you and build your case in order to negotiate with the liable parties and insurance companies – so you don’t have to.

All you need to focus on is getting better and healing yourself. Leave the stressful negotiations and legal conversations to an experienced elevator injury attorney.

This shows the defendant(s) and their insurers that you are serious. You may not know anything about the legal system but don’t let that sabotage your rights!

We know how overwhelming and frustrating it can get when you are trying to fight for compensation for your injuries that happened due to someone else’s negligence.

At Rosenberg, Minc, Falkoff & Wolff in Bronx, NY, we are dedicated to helping anyone who has sustained injuries because someone else failed to do their jobs. We not only guide you every step of the way but also provide the best legal support so you can keep your focus on your recovery.

We fight on your behalf to make sure you receive compensation for:

  • Medical bills, including surgery, prescriptions, physical therapy, and rehabilitation
  • Pain and suffering
  • Mental anguish
  • Current and future lost wages
  • Loss of consortium
  • Wrongful death damages (if the victim died due to their injuries)
  • Punitive damages

You need to understand that you have rights and you deserve to have someone review your case with complete transparency.

Why choose Rosenberg, Minc, Falkoff, & Wolff law firm in Bronx, NY?

When you enter or exit an elevator or escalator, you should never have to worry about getting a permanent injury or losing a limb in the process. Unfortunately, that’s what happens to dozens of people every year.

We know we can’t go back in time and undo what happened to you. What we can do is get you compensation for the damage you and your loved ones have endured.

Here’s what our attorneys can do for you:

  • Investigate your unique case from every possible angle
  • Give you our undivided attention until you receive the compensation
  • Be in touch with you with continuous communication via calls and emails
  • Negotiate with the shark-y insurance companies on your behalf so they don’t back you in a corner

Our attorneys are persistent in the field but they also listen to you. Call us at 212-697-9280 or schedule a free consultation with one of the most experienced and determined elevator injury lawyers in Bronx, NY.