In a city such as New York most people use elevators and escalators almost every day. Most of the time people just get off and on the elevator or escalators and do not even think of any possible danger. Unfortunately, at Jaroslawicz & Jaros we have handled many cases involving personal injuries caused by defective elevators.
Some examples of the cases we have handled at Jaroslawicz & Jaros include falling elevators that were both passenger and freight, doors closing too rapidly, mis-leveling of an elevator, an elevator or escalator making a sudden stop, a defective escalator step, a defective escalator handrail and many more different fact patterns. We have also represented many construction workers who were injured on construction sites due to various defects in the on-site elevators.
As each case is different, if you suffered an injury due to a defective and dangerous elevator or escalator you need to hire an attorney with experience in elevator and escalator cases to prosecute your claim. Your attorney needs to be knowledgeable about the special local law in New York that specifies how elevators and escalators should be installed, maintained and inspected. In addition to the law there are also elevator and escalator standards that apply as well as set by ANSI/ASME.
There are also special laws and rules in New York that specifically protect construction workers who were injured on construction sites due to various defects in the on-site elevators. These special laws put responsibility for safety of construction workers onto the owners of the property as well as the general contractor.
To successfully prosecute a personal injury caused by a defective elevator or escalator, the attorney needs to consult with and hire the right expert or experts who can investigate the facts, determine what was the cause of the accident and who was responsible. Was it an improper installation? An improper inspection or a failure to inspect? A failure to properly maintain and service the elevator or escalator, etc.?
The attorney needs to obtain what is called “discovery" from the other side to find out who and when the elevator or escalator was installed, inspected and maintained. Then the attorney needs to determine who to sue. Is the owner of the building responsible, or was it the elevator or escalator company that installed, inspected and maintained it responsible? In most major buildings in New York City, the company that maintains and services the elevator or escalator has a contract with the owner or managing agent of the building to inspect, service and maintain it in a safe condition. The elevator or escalator company will often have an office and representative in larger buildings on a full-time basis. Did the owner or managing agent of the building make any complaints to the elevator company about any problem with the elevator before the accident occurred?
If you or a loved one has a claim involving an elevator or escalator accident that has resulted in a serious physical injury and are in need of legal assistance, call Jaroslawicz & Jaros locally at 212.227.2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation. Or you can email Abraham Jaros directly at ajaros@lawjaros.com.
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