Can You Sue for an Elevator Dropping?
In California, a person who is injured due to an elevator dropping may have the right to file a lawsuit. As common carriers, elevators are highly regulated mechanical systems, which means the companies responsible for them have a strong legal duty to keep elevators and passengers safe. When an elevator drops suddenly, even if it does not fall all the way to the ground, the violent motion often causes injuries such as broken bones, back injuries, and other long-term physical harm.
In a perfect world, elevator accident victims wouldn’t need to partner with a lawyer to obtain compensation for their injuries. Responsible parties, be they owners or manufacturers, would voluntarily step forward and do the right thing. But we don’t live in a perfect world. Therefore, victims need a Carlsbad personal injury lawyer to obtain compensation for their injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Elevator Dropping Accidents and Negligence
Negligence is basically a lack of care. In an elevator case, the building owner, property manager, maintenance company, and/or repair contractor all have a duty of care. For example, if the elevator was not properly inspected, maintained, or repaired, substantially causing it to drop, the responsible party is liable for the aforementioned damages.
California law requires regular inspections and maintenance of elevators, and failing to follow these rules can be strong evidence of negligence. In fact, in some cases, a Carlsbad personal injury lawyer can use such failures to establish negligence as a matter of law.
Evidence in a negligence lawsuit usually includes official reports, witness statements, medical bills, and the victim’s own testimony, if available. This evidence must prove all four elements of a negligence case (duty, breach, cause, and damages) by a preponderance of the evidence (more likely than not).
The Golden State is a comparative fault jurisdiction. So, although the court could reduce damages if the victim was partially at fault for the elevator accident, compensation is usually still available.
Failure to heed warning signs is the most common form of comparative negligence in elevator accident matters. Displaying a sign isn’t enough. The insurance company must also prove the victim saw the sign, could read the sign, and could understand what the sign meant.
Failure to heed informal warning signs, such as buttons not working properly or a door not opening correctly, could be evidence of comparative fault as well.
The statute of limitations sometimes comes into play in these cases. In California, personal injury claims generally must be filed within two years from the date of the injury. If the claim involves a government-owned building, the deadline may be much shorter.
Product Liability Actions
A few final words about the most common legal alternative in these cases. Product liability may apply if a defective part, or a defective elevator design, substantially caused the elevator drop.
Under California’s strict product liability laws, a manufacturer can be held responsible even if they were not careless, as long as the product was defective and caused injury while being used as intended. Elevator defects include faulty brakes, cables, sensors, or control systems. In these cases, the injured person does not need to prove negligence, only that the defect existed and caused harm.
In addition to the aforementioned compensation, punitive damages are often available as well in product liability actions. The victim/plaintiff must prove, by clear and convincing evidence, that the manufacturer deliberately ignored a known risk.
Count on a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
law.cornell.edu/wex/common_carrier
