Though most of us do not feel unsafe in elevators, and the chances of an accident occurring are relatively low, the unfortunate reality is that elevator accidents do happen, and if you are injured in one, you are most likely entitled to financial compensation. These accidents are generally the result of mechanical failures, inadequate maintenance, and negligence on behalf of the property owner. Elevator accidents in New Jersey often form the basis of premises or product liability claims, as unsafe conditions, mechanical failures, or improper maintenance can directly lead to injuries. Understanding the common causes is critical to determining liability and recovering the compensation you deserve.
What Causes Elevator Accidents in New Jersey?
Elevator accidents can occur for a number of reasons, and in many cases, these accidents are either the fault of a negligent property owner or a negligent product designer/manufacturer. Understanding the causes of these accidents is critical not only to help you determine liability but also to help you remain alert to common hazards to reduce the risk of injury.
Common Causes of Elevator Accidents
- Drive malfunctions
- Improper installations
- Defective wiring
- Door operator errors
- Mechanical breakdowns
- Control system malfunction
- Power failures
- Failing to maintain/update equipment
- Abrupt stops
- Pulley system malfunctions
- Negligent elevator design
Who Can Be Held Liable for an Elevator Accident in Middlesex County?
Whether you are injured while taking an elevator in your Edison apartment building or while at a doctor’s office in Woodbridge, understanding who can face liability is critical to recovering the compensation you deserve. Generally, liability will fall to the party responsible for maintaining, designing, or operating the elevator. As such, multiple parties can face responsibility depending on the circumstances of the accident.
Potentially Liable Parties
- Property owners who fail to maintain safe premises
- Building management companies responsible for routinely inspecting and maintaining these fixtures
- Elevator repair or maintenance contractors
- Manufacturers responsible for designing or producing defective products
- Installation companies for the inadequate installation of this machinery
What Should I Do if I Am Injured in an Elevator Accident?
If you are injured in an elevator accident, taking the proper steps following an accident is critical to preserving your health and your legal rights. Though it can be overwhelming, remaining as calm as possible is vital to gathering the information necessary to fight for the compensation you deserve
Steps to Take After an Elevator Accident
- Call the police.
- Ask anyone who witnessed the accident for their name, phone number, and email address.
- Take pictures of the unsafe condition that caused your accident.
- Notify the property owner of your injury.
- Ensure you receive medical treatment immediately. Once you are treated, you should then ask your doctor for all medical documentation/bills regarding your injuries.
- Retain the services of a New Jersey personal injury attorney who can gather and present all additional evidence needed to either win a product liability lawsuit or to prove that the property owner knew or should have reasonably known about the unsafe elevator condition, failed to fix it in a timely manner, and that you were injured and sustained significant damages as a result in a premises liability claim.
How Long Will I Have to Sue After Being Injured in an Elevator Accident?
If you are injured in an elevator accident, you will have to ensure that you do not miss the deadline for filing your personal injury claim. This deadline is known as the statute of limitations. The statute of limitations for personal injury claims in New Jersey is, under most circumstances, two years, which means that you will have two years from the date of your accident to sue the party responsible.
New Jersey Statute of Limitations Explained
- Under New Jersey law, victims of personal injuries only have two years from the date of the accident to file a claim against the negligent party
- Failure to file can result in a bar on recovery
- This deadline applies to most elevator claims filed in New Jersey
Contact Our Experienced New Jersey Injury Firm
Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt due to another party’s negligence. If you have been involved in an elevator accident in New Jersey, please do not hesitate to contact our firm today.
