NEW YORK CITY ELEVATOR ACCIDENTS LAWYERS

 

Elevator Accident lawsuit in New York City

A fitness instructor who was left partially paralyzed following an NYC elevator accident is now suing the same elevator repair company connected to another elevator accident which killed and injured a woman on the upper levels of a Manhattan apartment building. This time, the victim, identified as Joana Castaneda, is suing her former elevator contractor, alleging that he failed to install safety devices designed to detect the location of potential dangerous elevators. The devices would have ensured that Joana did not fall to the bottom of the shaft as the elevator approached the last floor. Following the catastrophic accident, the personal injury lawyer representing Joana sought damages from the contractor on behalf of the family of the deceased woman, claiming that he was responsible for her death. In a related lawsuit, Joana’s mother is likewise seeking monetary damages on behalf of her daughter, alleging that the defendant knew that the device he had installed was dangerous and did not install the device accordingly.

In both of these lawsuits, there are two principal issues before the courts: negligence and causation. Both parties are responsible for their own negligence in failing to install a device that would have kept Joana and the other occupant of the elevator out of harm’s way. However, in contrast to common negligence claims which can be brought against just about anyone for injuries or harms suffered at someone else’s home or workplace, elevator accidents are generally brought against the property owners or operators of the buildings involved. While public liability may extend to employers themselves, it is generally the responsibility of the owner or operator to keep their building’s employees safe.

There are a number of different classifications that may apply to the property owner or operator of a particular elevator: business operator; contractor; public or private property owner; employee; and customer. Each of these classifications may impose additional responsibilities on the operators of elevators, some of which may be clearly found to be inadequate. For instance, business operators may be held liable for injuries sustained by any subcontractor who was engaged in work on the property of the business owner while the operator was away.

A good elevator accident law firm will be able to help you navigate through the often complex terrain of New York State law. It is important to note that even if the employer is ultimately responsible for the safety measures taken by his or her employees, the owner or operator of the building will still be held responsible for their actions. This is because the regulations governing elevator operations were designed to protect both the public and the employees of the business from foreseeable risks. For example, while most offices use escalators on their floors, it is illegal to operate elevators in a manner that assumes there will always be a platform above the floor level to which they are attached. In addition, it is unlawful to overload an elevator system without proper testing or adequate authorization.

A NYC Elevator Accident Law Firm will also have expertise in dealing with insurance carriers and related entities such as bonding agencies, which will play a large role in ensuring your rights are fully protected. Many people are not aware that the Federal Motor Carrier Safety Administration requires employers to have proof of insurance before operating commercial transportation systems in New York City. In the past, this proof has usually been in the form of signed insurance certificates. However, the MMSA is now considering mandating that more comprehensive paperwork be submitted, including copies of payroll records, copies of public health reports, and copies of tax returns and other documentation of medical conditions that could affect the operation of commercial elevators. Any credible elevator accidents lawsuit lawyer will know how to fill out these forms and will have no problem securing the documentation necessary to meet these requirements.

When an elevator car is in operation, there is a great deal of maintenance involved. There are a number of maintenance personnel who must regularly check the brakes, motors, electronics, switches, and various other parts to ensure that everything is in good working order. If an employee or operator fails to adhere to scheduled maintenance visits – or simply doesn’t show up when scheduled – the result can be catastrophic. For example, if the brakes begin to slip, or if the motor starts to operate erratically, the consequences could be life threatening. A competent elevator accident lawsuit lawyer will be able to provide the plaintiff with the documents necessary to take this matter to court.

There are many serious injuries that can result from improperly maintained or failing elevators. For example, in the event of a collision, the potential damage could include a fractured hip bone, spinal cord injuries, permanent disability, and even death. These are all possibilities if maintenance isn’t conducted on a regular basis. As you can see, proper maintenance is extremely important for the continued safe operation of New York City’s elevators.

The injuries described above are particularly tragic and can occur when operators are not following established maintenance schedules. In the event of an accident, you have a legal and professional responsibility to provide proper emergency care and assistance to the injured. If you have sustained an injury as a result of such negligence, you have a claim to file in court. If you’re not sure whether or not you have a legitimate claim, you should consult with a qualified personal injury attorney who specializes in elevator mishaps. He or she will determine if your case has merit and if you may be eligible for compensation. A good attorney will work with you and your loved ones to ensure that you receive the maximum benefits.

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Choosing the right Elevator Accidents lawyers in New York City

Elevator Accidents lawyers are lawyers who specialize in representing clients who have suffered injuries, sometimes severe ones, as a result of an elevator-related accident in New York City. Examples of this kind of elevator accidents lawyers handle cases related to falls through underground shafts during work on an elevator. Other examples of this kind of elevator accidents lawyers deal with injuries resulting from sudden, catastrophic drops or stops aboard elevators. Other cases involve injuries caused from doors that suddenly seal on riders. No matter what kind of accident occurs, elevator accidents must be aggressively handled by experienced elevator accidents lawyers.

Usually, victims consult with elevator accidents lawyers before seeking medical attention. After consultation, they usually decide either to pursue the claim financially or to accept the offer from the defendant to settle the case out of court. Sometimes, victim and his family members decide to press charges against the company in question. This is particularly true in the case of companies that fail to properly maintain their rides.

For those making this decision, it’s important to note that successful filing of a lawsuit requires extensive research and consultation with elevator accidents lawyers. It’s not enough just to file a claim once. In order to ensure that the compensation received covers all possible injuries caused during the accident, including medical bills, permanent disability resulting from the accident, and pain and suffering, the victim should contact elevator accidents lawyers and have them review the case. Elevator accidents lawyers will assess the case based on a number of factors, including the severity of the accident, the proximity of the incident to the victim’s workplace, and whether any witnesses were present.

According to information provided by the New York State Department of Financial Services, in the last decade there were nearly 20 fatalities related to elevator malfunctions. The state does have specific laws that govern the maintenance of elevators, but most of these laws have been considered lax, leaving room for loopholes. An elevator mishap can involve anything from simple mechanical failures to dangerous elements on the machines themselves. A serious injury or even death may be the result of a faulty lift mechanism.

If you or a loved one has been injured because of an elevator problem in New York City, it’s crucial to hire a qualified attorney to handle your case. Elevator mishaps often involve both mechanical and technological elements, leaving little wiggle room for dispute resolution. This means that hiring a highly experienced attorney specializing in elevator-related lawsuits is the only way to ensure a just and fair settlement. Elevator accidents attorneys should be able to assess the gravity of each case and take steps to ensure that the right compensation is obtained for each client.

Elevator mishaps are a particularly hazardous situation, especially for the elderly and young people who are more likely to take part in these types of accidents. Because these individuals are more prone to fall than the general population, and their physical abilities are less than optimal, they’re also more likely to suffer from long-term injuries. Using elevators in New York City without proper training can cause not only serious but potentially fatal injuries.

Competent elevator accidents lawyers will know what kinds of cases he has available, and he’ll take it seriously. Most of his clients come looking for compensation from the responsible party, not because they wish to make money themselves but because they are owed something by the other party. Elevator mishaps can happen on any elevated surface, and elevators are not the only vehicles involved in the incident. For example, if a driver neglects to look in front of his vehicle, a pedestrian might step out onto the roadway, triggering an accident. In all these situations, the responsible party is usually the one that pays for damages.

Sometimes, though, the responsible party is just careless. In these cases, experienced elevator accidents lawyers are called upon. One of the first things he does is talk to the insurance company and see if any compensation can be agreed upon. If the victim and the defendant can agree on a settlement, the lawyer then files a claim against the other party for the damages. Because of this, elevators are no longer looked at as simply vehicles used for convenience but as potential hazard areas that must be carefully monitored.

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SAMPLE VERDICTS AND SETTLEMENTS

  • $5,500,000 settlement during trial for parochial school students who were exposed to teacher with Tuberculosis
  • $4,000,000 settlement for construction worker who sustained bilateral ankle fractures requiring open reduction and internal fixation
  • $3,825,000 settlement for wife and children of September 11 World Trade Center victim whose remains were never recovered (pro bono representation)
  • $3,800,000 settlement in medical malpractice action for brain-damaged baby with cerebral palsy and seizures resulting from oxygen deprivation to and water on the brain at birth
  • $3,500,000 settlement for three sisters who were sexually abused by another foster child in the foster home after being placed in foster care by the city of New York
  • $2,400,000 settlement after trial and appeal for union electrician who sustained partial amputations to fingers on both hands when 800 pound spool of cable broke free while being lowered down stairs with make-shift rope pulley — expanded the coverage of Section 240(1) of the Labor Law to include “force of gravity on objects” in addition to falling worker/falling object cases
  • $2,225,000 settlement for pedestrian struck by motor vehicle resulting in 26-day coma, skull fracture, traumatic brain injury, numerous fractures and impaired cognitive and perceptive functions
  • $1,800,000 settlement for construction worker who fell from scaffold and fractured forearm and wrist requiring 3 surgeries and internal fixations
  • $1,700,000 settlement for construction worker who fell off ladder and required spinal surgery with internal fixation that failed
  • $1,450,000 settlement for construction worker who fell through unprotected skylight on roof sustaining arm and leg fractures
  • $1,240,000 settlement for 18- year old as the result of medical malpractice in failing to diagnose cancer
  • $1,000,000 settlement for construction worker who fell down debris-filled staircase at construction site with no handrail resulting in neck surgery, back and hip injuries
  • $1,000,000 settlement for passenger in motor vehicle that was rear-ended resulting in spinal surgery with fusion and internal fixation
  • $950,000 settlement for passenger on interstate bus involved in a collision resulting in traumatic brain injury
  • $875,000 settlement for children of mother who died as a result of failure to diagnose and treat Crohn’s Disease 
  • $745,000 settlement for motorcyclist struck by NYPD vehicle resulting in hip and ankle fractures, both of which required open reduction and internal fixation 
  • $700,000 settlement for pedestrian who slipped and fell on sidewalk that was not properly shoveled/treated after ice and snow storm resulting in severely comminuted and displaced right arm fracture requiring open reduction and internal fixation and additional surgeries 
  • $500,000 settlement for tenant of apartment building who tripped and fell while descending stairs that had just been mopped resulting in fractured left shoulder and multiple surgeries
  • $500,000 settlement for home healthcare worker who tripped and fell due to mis-leveled elevator resulting in closed head injury, impaired cognitive functions, neck, shoulder and back injuries 
  • $390,000 settlement for passenger in Police Department van that ran red light and struck another vehicle resulting in injuries to neck, back and shoulder 
  • $350,000 settlement for motorist who sustained injuries to neck, back and shoulder when tree fell on his vehicle 
  • $275,000 settlement for pedestrian who tripped and fell on raised sidewalk flag resulting in tri-malleolar fracture of ankle requiring open reduction and internal fixation 
  • $260,000 settlement for pedestrian who was thrown to the ground by unrestrained dog and sustained fracture to hip which required surgical pinning and fracture to spine 
  • $250,000 settlement for commuter who tripped and fell on defective step on staircase in Penn Station resulting in multiple shoulder tears requiring surgical intervention and fractured rib 
  • $240,000 settlement for pedestrian crossing street who was struck in crosswalk by turning bus resulting in crush injuries and fractures to her hand 
  • $225,000 settlement for bystander who was assaulted by police officers and detained without being arrested who sustained injuries to his face, hand and legs