Have you or someone you love been hurt in an elevator mishap in New York City? The experienced Elevator Accident Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have dedicated over a century to advocating for accident victims throughout New York State and the NYC metro area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island. If you’ve sustained a serious personal injury or tragically lost a loved one due to an elevator or escalator incident, we are here to help. Call us today at (212) 943-1090 for a free, no-obligation consultation.
Decades of Success in Elevator Accident Cases
Our NYC elevator accident attorneys have a proven track record of securing substantial settlements and verdicts for our clients. Some notable cases we’ve handled include:
- $12,500,000: Awarded to the family of a parking garage employee fatally crushed while operating a man lift.
- $10,000,000: Secured for a construction worker who suffered severe injuries after falling into an unguarded elevator shaft.
- $7,000,000 Settlement: Obtained for five individuals who sustained leg injuries in an elevator accident caused by negligent maintenance of the elevator support cable.
- $3,975,000 Settlement: Achieved for a 27-year-old plaintiff who fell down an elevator shaft when the doors opened on an empty shaft, resulting in a leg amputation. This case is particularly significant as the settlement exceeded the $2,000,000 insurance policy, with the building owners covering the remaining amount. Despite defense claims of tenant awareness of the malfunctioning elevator, we secured justice for our client.
- $1,725,000 Recovery: Won for a passenger injured when an elevator abruptly stopped, causing severe ankle injuries requiring surgery.
- $1,010,000 Settlement: Reached for a victim of an elevator accident resulting from inadequate maintenance.
- $1,000,000 Settlement (Policy Limit): Acquired in a Brooklyn elevator accident lawsuit for the estate of an unemployed man killed in an elevator freefall.
The Complexities of Elevator Accident Law
Millions rely on elevators daily for vertical transportation in offices, homes, and multi-story buildings. We expect elevators to operate safely and seamlessly as part of our routine. However, when malfunctions occur, the consequences can be devastating. Elevator accident law is intricate, governed by extensive elevator codes and regulations concerning installation, inspection, and maintenance nationwide. New York, for instance, has specialized Local Laws governing elevators. Navigating these regulations and determining code violations as the cause of an accident requires specialized knowledge and experience, which an elevator accident lawyer can provide.
Modern elevators are sophisticated machines involving diverse engineering disciplines. A comprehensive understanding of elevator technology and safety mechanisms is crucial for effectively litigating elevator accident claims. Cases involving electric elevators often require consulting ANSI/ASME Standard A17.2.1, while hydraulic elevator cases may necessitate reference to ANSI/ASME Standard A17.2.2.
In larger buildings, elevator maintenance companies typically contract with building owners and managers to ensure elevator safety. Often, these buildings have elevator company personnel on-site or readily available. Many elevator accidents stem from maintenance companies’ failure to properly maintain and service elevators. For buildings without on-site services, laws mandate building owners to engage qualified professionals for regular elevator inspection, maintenance, and service. Negligence in this area frequently leads to elevator accidents.
Essential Documents Your NYC Elevator Accident Lawyer Will Gather
To build a strong elevator accident case, your elevator accident lawyer in NYC will need to gather crucial documentation, including:
- Security footage from the elevator involved.
- The maintenance contract between the building and the elevator maintenance company.
- Work records for the elevator for the five years preceding the accident.
- Documentation of all 2-year, 5-year, and Local Law 10 testing, including full load testing.
- Correspondence between the building owner and elevator company for the five years prior to the incident.
- Estimates related to the elevator from all contractors.
- Inspection reports from the elevator company for the five years before the accident.
- Names of all elevator company employees who inspected the elevator in the five-year period.
- Repair recommendations and proposals from the elevator company to the building owner/manager for the five years prior to the accident.
- Service reports for the elevator from the elevator company for the five years preceding the incident.
- Invoices from the elevator company to the building owner for the five years prior to the accident.
- Names of inspection agencies used by the elevator company or building management, and their insurance carriers.
- Complete copies of all applicable insurance policies, including excess insurance and self-insured retentions.
- The elevator company maintenance log for the elevator in question.
- Records of any elevator upgrades.
- Proof of payment for 5-year, 2-year, 1-year, and Local Law 10 testing.
Note that Local Law 10/81 inspections and two-year tests concluded on January 1, 2009. Current regulations require:
- Category 1 Inspections: Annually, January 1st to December 31st.
- Category 3 Inspections: Within three years of a new elevator’s final certificate or the last Category 3 inspection.
- Category 5 Inspections: Within five years of a new elevator’s final certificate or the last Category 5 inspection.
Your elevator accident lawyer will ensure these documents are also obtained. For further details, consult the Notice of Adoption of Rule.
Construction Site Elevator Accidents
Elevator accidents are also prevalent on construction sites, particularly involving manually-operated hoists used by workers for vertical movement. New York has specific laws protecting construction workers, and site owners and contractors can be held liable for elevator accidents under certain circumstances. If you were injured in a construction site elevator accident, consulting an experienced NYC construction accident lawyer is crucial.
Common Types of Elevator Accident Cases
Our firm handles various types of elevator accident cases, including those involving:
- Mis-leveling
- Door entrapment
- Car entrapment
- Sudden acceleration
- Sudden deceleration
- Overspeed conditions
- Defective governors
- Improper hoist cable maintenance
- Interlock circuit bypass
- Communication failure
- Safety device failure
Escalator accidents, often caused by improper maintenance or installation, are also a concern. Children are particularly vulnerable to escalator injuries, and while safety precautions and laws exist, they are sometimes lacking or poorly maintained.
The principles of liability are similar for both elevators and escalators. Maintenance and inspection companies, as well as building owners and operators, have a duty to ensure safe operation. Negligence in maintenance, inspection, or addressing dangerous conditions can result in liability for injuries or fatalities.
The NYC elevator accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are committed to securing maximum financial recovery for our clients through meticulous trial preparation. If you or a loved one has been seriously injured or killed in an elevator or escalator accident, please contact our firm today to discuss your case with a dedicated elevator accident lawyer.
