On the morning of August 22, 2019, an NYC man died in an elevator accident due to crush injuries after being wedged between a wall and an elevator shaft. The elevator suddenly dropped as he exited the elevator into the lobby. Authorities pronounced him dead at the scene of the accident.
Inspectors attribute the elevator accident to apparent tampering or disabling of necessary safety features in the elevator mechanism. Allegedly, the building’s owner knew that the elevator needed repairs and was not in good repair. A tragedy such as this may give rise to a wrongful death lawsuit. If you have been injured or lost a loved one in a similar tragic event, you need the assistance of skilled elevator accident lawyers in New York.
Here are a few legal considerations regarding personal injury lawsuits and elevator accidents in New York:
Liability for Elevator Accidents in New York
Severe injuries and wrongful death lawsuits involving malfunctioning elevators expose negligent real estate owners to financial responsibility — and rightfully so. Building managers must keep common areas and components in safe condition under a legal doctrine known as the ‘warranty of habitability.’
The warranty of habitability states that your landlord must reasonably ensure that your apartment building is livable and safe at all times. Deviations from this standard mean that tenants may find themselves in vulnerable positions and subject to accidents resulting in injuries or even death.
Elements of a Personal Injury or Wrongful Death Claim
Wrongful death and personal injury cases require plaintiffs to prove a few elements to prevail in a legal claim. You may have a personal injury claim if your attorney can prove:
- You were a tenant or authorized guest at the building in question,
- You sustained injuries as a result of an elevator accident,
- The building owner caused your injuries by breaching the warranty of habitability;
- You incurred medical expenses and other financial losses as a result.
Offering proof of the above-listed four elements means that you may have a valid claim or personal injury case. For example, if you are a tenant of a building, your attorney can prove your tenancy by providing a copy of your lease agreement and receipts for payment of rent.
He or she can provide your medical records to demonstrate that you sustained injuries consistent with an elevator accident. However, showing that your landlord was in breach of the warranty of habitability may be more difficult. Your attorney can investigate where the paper trail of negligence begins to achieve the best possible result of your case.
Contacting an Elevator Accident Lawyer in NYC
Elevators are not immune to the negligent actions caused by others who have a duty to keep you and your loved ones safe. You may find it helpful to discuss your case with a licensed New York attorney to help you protect your rights in pursuit of justice. You do not have to pay for injuries you did not cause.
At the Law Office of Cohen & Jaffe, LLP, our team of elevator accident lawyers in Long Island, NY are poised to help you navigate the complex nature of prevailing in your lawsuit. Schedule a free, no-obligation consultation today by calling (866) 878-6774 or by sending us a note through our contact request form.