Elevator & Escalator Accidents

Elevator and escalator accidents injury about 17,000 individuals every year in the U.S., and cause approximately 30 deaths annually, according to data gathered by the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission. Elevators are the main culprit, causing about 90 percent of the fatalities and 60 percent of serious injuries. Workers are particularly at risk for elevator and escalator accidents, though they can happen to anyone, anywhere.

If you were injured in an incident with an elevator or escalator, or you lost a loved one in an accident, call a Miami elevator & escalator accident lawyer from Gerson & Schwartz P.A. We have years of experience helping accident victims and their families recover compensation. We will thoroughly investigate your claim and advise you on your right to bring a premises liability, product liability, personal injury, or wrongful death claim. You can reach us online or by calling (877) 475-2905.

If you were injured in an accident involving an escalator or elevator, you should contact an experienced attorney right away. By hiring a lawyer, you have someone with the skills and resources necessary to investigate the accident and determine what happened. Some of the most common reasons for escalator and elevator accidents occur because of:

• A design defect
• A manufacturing defect
• Lack of appropriate warnings/warning defect
• Improper installation
• Inadequate inspections and maintenance
• Inadequate training for maintenance personnel
• Faulty wiring
• Mechanical/Electrical failure
• Sudden stops
• Sudden reversals
• Sudden drops or falls
• Tripping hazards
• Lack of fall protection
• Inadequate handrails

An elevator and escalator accident law firm in Miami will find out who is at fault for your accident, and who is liable for compensating you for your injuries or loss.

The injuries you suffered in an elevator or escalator accident depend on the type of accident. Some of the most common injuries include:

• Head and traumatic brain injuries, including concussions
• Contusions and lacerations
• Strains and sprains
• Fractures bones
• Crushed digits or limbs
• Entanglement involving clothing, shoelaces, hands, and feet
• Degloving a digit or limb
• Neck and back injuries
• Spinal cord injuries, including paralysis
• Electric shock/electrocution

If you or your child suffered any type of injury in an elevator or escalator accident, or your relative was killed, do not hesitate to call an experienced and skilled lawyer. When your injuries or loss are the result of another person or business’s negligence, then you have the right to pursue compensation. However, you may not be sure of why the accident occurred and whether it was because of someone’s carelessness, recklessness, or intentional misconduct. It is best to call a Miami elevator and escalator accident attorney to investigate the situation, analyze fault and liability, and explain your legal options.

The type of legal claim you may be able to file after an elevator or escalator accident depends on what and who caused the incident and therefore, your injuries. If your lawyer investigates the situation and determines there is evidence of a design, manufacturing, or warning defect, then you may have a product liability claim against the manufacturer of that elevator or escalator. If the defect was in one specific part, then you may have a defective product claim against that part’s specific manufacturer. Product liability claims may be based on negligent, strict liability, or breach of warranty.

If your attorney determines the elevator or escalator was not properly inspected and maintained, then you may have a premises liability claim against the owner, tenant, or manager of that property. However, these claims can become complicated. The duty a landowner owed you depends on your status on the land, such as if you were a trespasser, licensee, or invitee. An elevator and escalator accident lawyer in Miami will review your status on the property, explain the owner’s duty of care toward you, and determine whether the owner violated that duty of care.

If the accident was the result of someone’s careless action that day, such as a worker suddenly stopping the escalator, then you may have a personal injury claim against that individual or their employer. These claims are typically based on negligence, which alleges that someone failed to act as a reasonable person would in the circumstances.

If you or your child were injured in an incident with an elevator or escalator, and an investigation uncovers another person’s negligence, then you need to talk with your lawyer about the types of compensation you can pursue and the potential value of your claim.

Through a lawsuit and insurance claim, you can seek compensation for:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Scaring and disfigurement
• Disability
• Inability to lead a normal life
• Reduced quality of life

Valuing your economic damages is theoretically simple, though your lawyer will help you document your expenses and may hire an expert witness to help calculate them. An expert witness may be necessary to prove your non-economic damages in court as well. Your attorney will advise you on the best way to determine the value of your claim, including factors that may increase or decrease your potential compensation.

If you or a loved one were injured in an accident with an escalator or elevator, call us at Gerson & Schwartz P.A. We represent injured individuals and the families of the deceased throughout Miami-Dade County, Broward County, and Palm Beach County. Call (305) 371-6000 to reach our Miami-Dade office or (954) 845-0535 to reach our Broward office.