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Understanding Elevator Injury Cases

February 2, 2024

The nature of elevator accidents means they often result in catastrophic injuries, such as brain damage, paralysis and amputations. Even a more minor incident, such as an elevator trip and fall, can cause painful and inconvenient injuries. Learn your legal rights and options as a victim of an elevator accident in Colorado to find out if you can recover compensation for your losses.

Common Causes of Elevator Accidents and Injuries

Understanding your rights after an elevator injury requires identifying the cause of the accident. The cause will determine the at-fault party or parties that can be held liable, or legally responsible, for your losses.

Many safety issues can result in an elevator injury, including:

  • Misleveling (when an elevator car is not aligned with the floor)
  • Rebound device or proximity sensor failure that leads to a door-close injury
  • Sudden elevator car drops or falls
  • Elevator car speed malfunctions
  • A lack of proper warning signs or barriers for an empty elevator shaft
  • Mechanical and electrical failures
  • Incorrect elevator installation
  • Poor elevator component maintenance
  • Elevator design or manufacturing defect
  • Elevator entrapment, where a victim gets trapped between the elevator and a building structure

These incidents can lead to catastrophic injuries such as broken bones, head and brain trauma, spinal cord injuries, crush injuries, amputated limbs, and wrongful death. Victims of elevator injuries in Colorado may be eligible for financial compensation from one or more parties with the help of a Denver wrongful death lawyer.

Liability in Elevator Injury Cases

Human error is often behind devastating elevator accidents. The owner of the property may skip safety inspections, for example, or ignore elevator repair recommendations made by technicians. Acts of negligence can result in elevators that are unfit for operation, with the potential for serious injuries to property visitors or business customers.

Liability for an elevator injury will depend on the party responsible for the incident:

  • The owner or occupier of the property: elevator owners have a legal responsibility to properly inspect, maintain and repair their equipment. They must promptly address known issues and warn users about potential elevator hazards.
  • Maintenance company: the company responsible for installing or servicing the elevator, if it is under a maintenance contract, is responsible for ensuring that it is in proper working condition. This can include independent contractors as well as companies.
  • Elevator manufacturer: if an elevator contains a design, manufacturing or marketing defect that results in a harmful accident, the manufacturer or distributor could be held responsible with a product liability lawsuit.

If one or more parties reasonably could have prevented your elevator injury, you may be entitled to compensation for your related losses. These may include medical expenses, lost wages, and pain and suffering. A personal injury lawyer in Denver can help you navigate an insurance claim or injury lawsuit for an elevator injury.

if you've been injured, contact Fang Law Firm

How to Seek Compensation for Your Elevator Injury

After an elevator accident, seek immediate medical attention for any injuries sustained. Report the incident to the property owner or manager. Document the scene by taking photographs before you leave. Obtain the information of any witnesses and collect copies of your accident reports and medical records. Then, when you are ready to take legal action against a negligent party, contact an attorney at Fang Law Firm for guidance moving forward. We offer free elevator injury case consultations.