Modern elevators are generally safely designed and have various failsafes to prevent occupants from getting hurt in the event of a malfunction. Unfortunately, a lack of proper maintenance and manufacturing practices can make any piece of machinery dangerous, and failsafes are not always foolproof. On top of that, taking proactive legal action over an injury caused by an unreasonably dangerous elevator can be trickier than you might expect, in large part because of how difficult it can be to even identify who is at fault for this kind of incident.
Put simply, seeking financial restitution for injuries you suffered due to a defective elevator is not something you should try to do without a knowledgeable personal injury attorney by your side. Once retained, your dedicated Connecticut elevator accident lawyer will help you construct the strongest civil claim possible against everyone who played a role in causing your injuries and demand comprehensive compensation for all your ensuing losses.
While the term “elevator accident” may bring to mind a dramatic image of a cable snapping and a car plunging several stories in a matter of seconds, elevator accidents, in reality, are often much more mundane. Common causes of action for elevator accident claims that experienced attorneys in Connecticut often see include door malfunctions that lead to a finger, hand, or limb being pinched or crushed, elevators not stopping at a position level with the floor outside of it, and sudden stops or jolts while the elevator is in motion which leads to a passenger falling inside it.
Most of the time, the person most directly “at fault” for an elevator-related injury in legal terms is the owner and/or manager of the property where the elevator was in use. This person typically has a “duty of care” requiring them to make sure every part of their property—including elevators—is reasonably safe for all lawful visitors. In some situations, though, partial or primary fault may lie with a company that manufactured a defective elevator component, a repair person who failed to maintain an elevator properly, or even an unrelated third party who vandalized the elevator or otherwise interfered with its normal function.
An experienced Connecticut attorney can investigate an elevator injury case and work to determine who might be at fault.
A successful lawsuit or settlement demand against the person or people who hold civil liability for an elevator injury can incorporate both economic and non-economic consequences of that injury, including:
Fortunately, the state of Connecticut does not impose any artificial “caps” on how much money a person injured through another person’s misconduct may demand from that person for their “compensable losses,” as discussed above. As a seasoned lawyer can further explain, though, individuals found partially at fault for their own injuries stemming from an elevator accident in Connecticut may end up having their final damage award’s value reduced in proportion to their share of “comparative fault” for their losses. Working with a legal professional is essential in avoiding unfair accusations of blame after an accident.
You have a right to expect that any elevator you enter on someone else’s property is in reasonably good operating condition and will not cause you any harm so long as you use it properly. If a landowner’s negligent property management—or any other type of negligence by anyone else involved in an elevator’s maintenance and operation—caused you to suffer a serious injury, you have options for getting the payments you need and deserve.
Guidance is available through the civil litigation process from a capable and compassionate Connecticut elevator accident lawyer. Contact us at Berkowitz Hanna today to get started. Your initial consultation is completely free.
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