NYC ELEVATOR ACCIDENT LAWYER
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Here in New York City, elevators and escalators are a fact of life for most of us. As of 2017, there were approximately 84,000 elevators operating in the city alone. While most modern elevators are relatively safe, that is certainly not the case for all of them.
At Kucher Law Group, NYC personal injury attorney Samantha Kucher and our team of NYC elevator accident attorneys have dedicated their careers to people just like who have suffered serious injuries following different accidents, enabling them to get the compensation they deserve for their injuries.
If you have suffered an injury in a New York elevator accident, it is important to contact an experienced elevator accident attorney as soon as possible. Our elevator accident attorneys in New York have successfully represented clients who have suffered injuries after elevator accidents, including back injuries, in all types of elevator accidents.
In addition to elevator accidents, our NYC personal injury lawyers have experience representing clients in a wide range of premises liability cases, including slip and fall accidents and injuries caused by elevator company negligence. We also have experience representing clients who have been injured in Lyft accidents.
Whether you are looking for a Bronx personal injury attorney, a Brooklyn personal injury attorney, or a Manhattan personal injury attorney, we are here to help. Call us at (929) 274-8000 to schedule a free consultation for your elevator injury case.
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Elevator Accident Attorney Samantha Kucher Explains the Regulation of Elevator Safety in New York
Although most municipal and state governments are fairly good at ensuring elevator oversight, here in New York, we have seen many accidents involving elevators that are the result of ineffective safety standards. Until recently, New York was one of the few states that did not require that those who worked on elevators be licensed or even properly trained or educated.
Consequently, New York State recently signed into law the Elevator Safety Act. This act requires that anyone engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators be licensed. An advisory board in New York was also created to recommend regulations and best practices for inspecting New York’s elevators and enforcing their actions.
If you are looking for a skilled New York lawyer, we encourage you to read the results we have achieved for our clients who experienced an elevator accident. We have recovered millions of dollars in compensation for our clients, and we are proud of the work we do. We are here to help you get the results you deserve.
In New York elevator accidents, it can be difficult to determine who is responsible for the injury of the victim. If you are injured in an accident while inside an elevator, you may be able to seek compensation for your injury. Speak to an experienced lawyer for injury cases in NYC who is skilled at handling injury law and accident claims. Call us today to schedule a free consultation with an experienced accident lawyer regarding your case.
Who Can Be Held Responsible For Elevator Accidents?
Property owners and managers are required to schedule annual safety inspections to address any maintenance issues or safety hazards if they have an elevator in their building. When they don’t, the elevator may pose a risk of injury to anyone who uses it. If someone suffers an injury in the elevator because of their negligence, they can be held accountable and liable for any damages.
If you have been injured in an elevator accident, there are multiple parties that may be liable. These can include:
- The building owner
- The management company
- The landlord
- An employer
- A contractor or subcontractor
- The manufacturer of the elevator
- A government agency
In some cases, there may be more than one party responsible for your accident in the elevator and injuries. This is when getting the assistance of a skilled elevator accident lawyer is critical.
An accident involving an elevator can result in serious injuries and can also be fatal. In New York City, it is important to make sure that property owners are held responsible if an accident occurs at an elevator on their property.
If you have suffered elevator injuries, our elevator accident attorneys are here to help. We understand the medical and legal issues involved in elevator accidents and will work tirelessly to ensure that you receive the compensation you deserve after the accident.
At Kucher Law Group, New York elevator injury lawyer Samantha Kucher and our team of personal injury lawyers thoroughly investigate your accident to build a strong case against the at-fault party. We will file a claim against the controlling party or the elevator manufacturer so you get fairly compensated for your injuries. If a fair settlement cannot be negotiated, we will represent you in a court of law to hold the at-fault party accountable.
For a free consultation on your injury claim after your accident involving an elevator, contact us at (929) 274-8000.
Extremely professional. Was responsive to questions during representation of my relative in her case for home health aide negligence. Tremendous job in getting a high settlement!
Steven Saperstein
Client
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Injury Attorneys at Kucher Law Group Explain Common Causes of Elevator Accidents
Elevators and escalators are large and powerful pieces of machinery that require the workings of hundreds of finely-tuned mechanisms working in coordination with each other. The breakdown or malfunction of any one of these means danger for unsuspecting users.
Some common causes of elevator accidents include:
- Door defects - modern elevator doors utilize sensors that prevent doors from harming individuals getting on and off elevator cars. When these fail, people can become trapped inside the elevator.
- Sudden acceleration or deceleration - if components such as counterweights, brake systems, or control systems are not working properly, the elevator car may suddenly accelerate or decelerate causing elevator passengers to be thrown against each other or crushed inside the elevator.
- Sudden stops - abrupt stops caused by malfunctioning controls or sudden losses of power may cause passengers to become violently thrown about inside the car during a sudden stop.
- Car-free falls - an elevator car weighing thousands of pounds operating on a complicated pulley system may become overtaxed. Snapped cables or faulty tracks can send an elevator car into free fall.
- Misleveling or misaligning - Sensors are supposed to detect the car’s alignment with the landing before the doors can open. A malfunction can mean that the car is not in perfect alignment, injuring passengers who may trip on or fall over the landing lip when disembarking the elevator.
- Falling into an open shaft - elevator doors should only open when the car is aligned with the correct floor. Unfortunately if the doors open while the car is stalled above the landing, the shaft can become exposed and an unsuspecting person can fall into the open shaft.
In addition to these, there are other potential equipment failures and malfunctions that can cause devastating injuries or even death, including:
- Manufacturing defects
- Safety system or devices failure
- Defective governors
- Improper house cable maintenance
- Interlock circuit bypassing
- Wet floors can cause slip-and-fall injuries
If you have suffered an injury in an elevator accident in New York City, you owe it to yourself to speak with our experienced team of New York elevator accident attorneys at Kucher Law Group to understand your rights under the law. For a free consultation on your injury claim after an accident involving an elevator, call us today.
| Causes of Elevator Accidents | Description |
|---|---|
| Door defects | Failed sensors can cause elevator doors to harm passengers entering or exiting the car. |
| Sudden acceleration, deceleration, or stops | Malfunctioning components can cause sudden changes in speed, which can throw passengers against each other or cause violent stops. |
| Car-free falls | Snapped cables or faulty tracks can send the elevator car into free fall. |
| Misleveling or misaligning | Malfunctioning sensors can cause passengers to trip or fall when disembarking. |
| Falling into an open shaft | Doors opening when the car is not aligned with the correct floor can expose the shaft, causing a fall. |
| Equipment failures or malfunctions | These can cause devastating injuries or even death. |
| Improper maintenance or wet floors | Neglected maintenance of elevator components or wet floors can lead to accidents. |
New York City Regulations on Elevator Operations
New York City’s Department of Building (DOB) enforces rules regarding elevator inspections and maintenance. These guidelines must be followed by all who are responsible for elevators such as building owners, landlords, maintenance groups, landlords, contractors, etc. If these people fail to follow the guidelines, they could be held liable in the event of an accident.
Each elevator within each of the five boroughs must undergo an inspection twice a year by a contracted inspection agency. The inspections are carried out without warning and usually happen spontaneously. A building owner must have an active maintenance contract with an approved agency for elevator maintenance. This agency is responsible for providing maintenance and repairs as well as replacements. The NYC Construction Code states that maintenance contracts must include a Maintenance Control Program (MCP). The MCP should be based on the specific elevator manufacturer’s maintenance protocol. Also, all maintenance on elevators must be documented.
Residents must be notified 10 days prior to any elevator maintenance work in multi-unit housing. These notices should indicate the type of work that will be performed on the elevators. All elevator maintenance work also requires permits.
According to the DOB Guide, the most frequent violation is failure to maintain an elevator. These violations are issued when a defect in the elevator is detected during testing. Owners are given 10 business days to correct the violation in the elevator or risk a criminal court summons. When the property owner fails to fix an issue that they are aware of, this is considered negligent behavior.
Kucher Law Group has years of experience in helping clients seek compensation for their elevator accident cases. Our skilled attorneys in New York City can help you hold the responsible party liable for their negligence. Contact us today at (929) 274-8000 for a free consultation on your injury case following an accident involving an elevator.
What to Do If You’re Harmed in an Accident Inside an Elevator
Elevator incidents in New York fall under the category of premises liability, which generally implies that these accidents occur due to hazardous conditions or the negligence of property owners. It is the responsibility of property owners to ensure the safety of individuals on their premises by regularly maintaining and repairing their properties to eliminate potential risks of an elevator accident.
When elevators are inadequately maintained or have unsafe designs, they can pose significant dangers to passengers. Some of the potential risks associated with elevators include sudden falls, door closures, doors getting stuck, and misalignment with the floor level.
Elevator accidents can impact anyone, regardless of age, including the elderly, young children, and construction workers.
To promote safety when using elevators, it is important to keep the following suggestions in mind:
- If necessary, push the emergency button inside the elevator to alert authorities.
- Avoid attempting to force open stuck doors as this can worsen the situation.
- During a fire, it is advisable to use the fire escape instead of the elevator.
- Inform rescue personnel about the specific floor and elevator location to expedite assistance.
By being aware of these precautions, individuals can enhance their safety while using elevators and help mitigate the risks associated with elevator incidents.
Proving Negligence in a New York Elevator Accident
Elevator accident claims are a matter of personal injury law. This means that if you are injured due to the negligence of another, that person or entity may be held liable for your damages.
Certain criteria must be established in order to prove negligence:
- The controlling party owed you a duty of care and was responsible for your safety by ensuring that the elevator was properly maintained, serviced, and inspected.
- They breached that duty and failed in their legal obligation to keep you safe.
- Their breach caused the accident.
- You suffered damages as a result of that accident.
Although these steps may seem simple and straightforward, proving negligence after an accident involving an elevator can be complicated. The building owner or controlling party and their insurance company may try to pin the blame on you for the accident. Insurance companies also often make it very difficult to get fairly compensated and may try to deny or minimize your settlement. This is when you need our experienced New York elevator attorney fighting on your behalf.
At Kucher Law Group, we will seek compensation for:
- Any current medical costs such as hospitalizations, doctor visits, surgeries, medications, physical therapy, or any other medical costs associated with your injuries
- Any future potential medical costs as they may be related to your injuries
- Lost wages
- Future lost earning capacity
- Pain and suffering
- Or other costs associated with your accident and injuries.
I came to them with a very difficult case. They fought hard and took it all the way to trial. At trial they faced a tough judge and a tougher jury but they did a great job and got the max amount possible. Thank you so much!
hazem haddad
Client
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New York Elevator Accident Case: Statute of Limitations
After an elevator accident, an accident victim will have a very short time frame in which they will be able to file an injury claim. In general, the victim will have three years to seek compensation after they are hurt. If they wait too long, they might risk losing their right to file a claim or ask for compensation for their injuries after being involved in an accident inside an elevator.
The specific facts of the case will determine if the victim has more time or less to file a claim. One example of this is if the victim needs to seek money from the government or workers’ compensation insurance, then they will have less time. However, if the victim has a reasonable delay in discovering their injuries or if they were a minor at the time of the accident, they may have a longer time to seek additional compensation.
If you have been hurt in an elevator accident, it is important to seek the help of an experienced NYC elevator accident lawyer right away. A skilled lawyer may be able to help you seek the compensation you deserve for your injuries. Kucher Law Group has a team of accident attorneys who may be able to help you. Contact Kucher Law Group today to speak with a skilled NYC personal injury lawyer.
Getting the Help of a Skilled Elevator Accident Lawyer at Kucher Law Group
At Kucher Law Group, we believe in putting our clients first. We offer a free consultation to all potential clients, and we do not collect any fees unless we win your case. We understand that every case is unique, and we take the time to listen to our clients’ stories and understand their individual needs. We are committed to providing compassionate and personalized service to each and every client.
Kucher Law Group is dedicated to helping clients who have suffered injuries due to accidents such as being injured inside an elevator. Our injury lawyers have a proven track record of achieving excellent results for our clients. We understand the impact that an injury can have on a person’s life, and we work tirelessly to ensure that our clients receive the compensation they deserve. Contact us today to learn more about how we can help.
Our elevator accident attorneys have extensive experience in a wide range of injury cases, including nursing home negligence, medical malpractice, and construction accidents. We also handle premises liability cases, such as slip and fall accidents. If you have been injured in an accident, we can help you understand your legal options and guide you through the process of seeking compensation.
When you have been injured in an elevator accident in New York, you should not attempt to navigate this alone. At Kucher Law Group, our personal injury attorneys are with you each step of the way to ensure that you get fairly compensated for your injuries. Contact us to schedule a free consultation – we are here to help, 24 hours a day, 7 days a week: (929) 274-8000.
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