Elevator Accidents in NYC
According to Consumer Watch, there are close to a million elevators in the U.S. They make over 18 billion trips per year, each one carrying an average of five people per trip.
For New York City residents in particular, riding in an elevator is part of daily life. Whether at home in a high-rise apartment building or condominium, getting to work, getting to the upper floor of a store, or visiting a doctor, dentist, attorney, or other professional office, riding in an elevator is a necessity.
Overall, elevators are reliable and safe. However, accidents happen.
What Causes NYC Elevator Accidents?
According to the city’s Department of Buildings, there are hundreds of thousands of elevators, escalators, and related equipment in NYC. However, elevator accidents occur for a variety of reasons, often due to mechanical and maintenance issues.
Here are some common causes of NY elevator accidents:
Mis-Leveling
This occurs when an elevator fails to align properly with the floor level, potentially due to brake or electrical issues or overloading. This can lead to trip and fall accidents, especially for the elderly and children.
Excessive Speed
If an elevator moves too quickly, it can result in passengers being thrown against walls or each other, causing injury. Regular maintenance and inspections are essential to monitor and control elevator speed.
Door Strikes
Malfunctioning doors can strike passengers, potentially due to faulty sensors or misadjusted closing mechanisms.
Inadequate Maintenance and Inspections
New York City requires biannual inspections of elevators. Neglecting these can lead to malfunctions and accidents. A current inspection certificate should be visible inside the elevator.
Defective Doors
Even with modern sensors designed to prevent accidents, doors can malfunction and close unexpectedly, posing a risk of entrapment or crushing injuries.
Falling Down Shafts
One of the deadliest elevator accidents is a fall down the shaft, which can occur due to an unsecured outer door or when attempting to exit a stuck elevator.
Abrupt Stops
An elevator that stops suddenly can cause passengers to collide with the elevator interior, leading to serious injuries. This may be due to malfunctioning speed controls or emergency systems.
Other Hazards
Additional risks include being caught in elevator doors, electrocution, or injuries from abrupt movements, power failures, or doors that do not open properly.
What Injuries Are Common in NYC Elevator Accidents
In NYC, where elevators are an integral part of the urban infrastructure, these powerful machines pose significant dangers if not properly maintained. Common injuries from elevator accidents include neck and back injuries, leg and knee damage, head and brain injuries, spinal cord trauma, fractures, lacerations, and burns.
Some accidents, particularly those involving falls down shafts or malfunctions, can even be fatal. In fact, approximately 50% of elevator-related fatalities result from shaft falls, highlighting the critical need for proper safety protocols and regular maintenance to prevent such tragic incidents. If a loved one has died in an elevator accident, surviving family members may have legal grounds for a wrongful death claim.
Who’s Responsible for a NYC Elevator Accident?
In New York City, the responsibility for elevator accidents typically falls on the property owners, lessees, or residents, who are obligated to maintain their premises in a safe condition under premises liability law. They owe a duty of care to prevent harm to anyone on the property apart from trespassers unless certain conditions apply. This includes ensuring that elevators are properly maintained and repaired.
Should an accident occur due to a negligent condition, such as faulty doors or mechanical malfunctions, the property owners or their agents may be held liable if the injured party can prove that they were lawfully on the premises, the responsible party was aware or should have been aware of the hazard, and the negligence directly caused the injury.
NYC Has Elevator Laws
New York City code requires that all elevators in the city be properly installed and maintained. Other municipalities throughout the state have similar codes and ordinances.
The NYC Department of Buildings’ Elevator Division inspects elevators in accordance with the city’s building code and American Society of Mechanical Engineers elevator standards. Elevators must also pass installation inspections as well as periodic inspections by the Department of Buildings to be legally operated.
What to Do After an Elevator Accident?
If you or a loved one is a victim of an elevator accident, here’s what you need to do to achieve compensation:
- Get out of the elevator immediately. If you’re unable to move, call for help.
- Seek medical attention. Even if you are feeling okay, some injuries may appear later. Ask your doctor for a full report.
- Gather information. If there are witnesses or other victims, get their contact information.
- If possible, document the scene. Take pictures of the elevator and where the accident occurred. The more details you get, the greater the chance that you’ll be compensated.
- Contact a lawyer. An experienced and knowledgeable elevator accident lawyer can help you understand your legal options and pursue a claim to maximize your potential compensation.
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