California Elevator Accident Lawyers
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Our California Elevator Accident Lawyers Are Here To Help After An Accident
When elevator accidents happen, victims may suffer serious or even life-threatening injuries. Our California elevator accident lawyers handle these cases with professionalism and dedication under the leadership of Arash Khorsandi, Esq.
Call Arash Law at (888) 488-1391 to learn if you have a valid injury claim. Depending on the facts of the case and applicable California law, you may pursue compensation for injuries sustained in an elevator accident. Our experienced elevator accident lawyers can help you protect your rights.
Why Hire Our California Elevator Accident Lawyers
A simple elevator ride can turn into a life-altering event in an instant. From sudden falls to crushing injuries, the consequences of elevator malfunctions can be severe. If this happens to you or someone you love, our elevator accident attorneys in California can guide you on your next steps.
Here are a few benefits of working with our attorneys:
- Experience and Legal Knowledge — Our elevator accident attorneys have years of experience handling personal injury cases in CA. We remain engaged with developments in the legal field concerning injury claims caused by product defects and negligence.
- Direct and Clear Communication — Your injuries and recovery are important. Our lawyers provide straightforward advice about your case. We respect your time and understand the urgency of these matters.
- Representation Throughout the Process — From start to finish, our attorneys manage the necessary steps of your case, including preparing documents, negotiating with insurers, and pursuing resolution in or out of court.
- Contingency Fee Basis — Our attorneys take cases on a contingency fee arrangement. This allows injured individuals to pursue claims without having to pay legal fees up front. Fees are collected only if compensation is obtained through settlement or court award.
Our California elevator accident lawyers approach each case with focus and care, working to protect the rights of injured individuals and their families.
What An Attorney Can Do In An Elevator Accident Case
Hiring an attorney for your elevator accident case can be an important step when seeking compensation for injuries. Legal representation can help manage the process and address the challenges these cases bring. A California elevator accident lawyer can:
- Develop Your Claim — Attorneys will gather and review evidence, consult with experts, and identify potentially liable parties involved in the accident.
- Provide Individualized Attention — Lawyers consider the specific details of your case, apply legal strategies suited to your situation, and keep you updated throughout the proceedings.
- Pursue Available Compensation — Depending on the facts of your case and applicable law, attorneys may seek compensation for medical expenses, lost income, long-term care, and other related damages. In some cases, they may also examine whether punitive damages are legally available.
- Manage the Legal Process — From preparing paperwork and meeting deadlines to communicating with insurers, attorneys handle the procedural aspects of your claim. If settlement discussions do not resolve the matter, they may bring the case to court.
$5,325,000.00
Our client was working as a window washer when he fell several feet while cleaning a gutter and sustained a traumatic brain injury as well as injuries to his spine. Our firm uncovered liability beyond workers’ compensation and secured a $5,325,000 global settlement on behalf of our client.– ARASH KHORSANDI
Types Of Elevator Accidents
No one gets into an elevator and expects to get injured. However, elevator accidents are relatively common despite the many safety innovations and measures applied to installing, maintaining, and operating these machines. Elevator accidents come in different forms, including:
- Decapitation Accidents — Decapitations are relatively rare but severe accidents that may occur when someone becomes trapped between an elevator and the shaft or a moving door. They can result in life-threatening injuries or death.
- Falls During Repair or Maintenance — Open elevator shaft accidents are not unheard of. In May 2024, a blind man fell four stories down at the Madison Hotel in Los Angeles. The video of the incident clearly shows that there were no guardrails or locks to secure the broken elevator.
- Caught-In/Between Accidents — “Caught-in” fatalities included incidents where individuals get trapped in elevator machinery, such as counterweights, between two elevator cars, or between the shaft or doorway and a moving car. Struck-by accidents typically occur when an elevator descends while someone is working in the shaft.
- Braking System Accidents — When an elevator’s braking or motor system fails, it may cause the car to move erratically. Sudden stops, unexpected acceleration, or jerky movements can throw passengers off balance, causing them to fall or collide with the walls, handrails, or each other. Such movements can lead to head injuries, broken bones, or spinal injuries, especially for elderly or disabled passengers who may have difficulty stabilizing themselves.
- Electrocution Accidents — Mild electrocution accidents are often overlooked and rarely reported despite the potential for underlying injuries or long-term effects. However, faulty wiring or exposed electrical components can result in severe electrical burns, life-threatening shocks, or even fatal injuries.
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Causes Of Elevator Accidents
Elevators are a crucial part of modern infrastructure, allowing people to move quickly between floors in high-rise buildings, shopping malls, hotels, and office spaces. Though you might not think of elevators as being particularly dangerous, they are involved in fatal accidents. Maintenance issues, malfunctions, and other factors contribute to these accidents.
Elevator accident lawyers can help you understand what caused your injuries. Having such knowledge can be beneficial in determining liability.
Elevator Malfunctions
Elevator breakdowns are not only an inconvenience; they also pose significant dangers to users. Malfunctions often stem from poor maintenance, defective parts, or improper installation. Some of the most common issues include:
- Defective Doors — Elevator doors that malfunction can lead to serious injuries. If sensors fail, doors may close on passengers, trapping them or causing falls. Some individuals might get stuck between floors if they attempt to exit a malfunctioning elevator.
- Misleveling — Misleveling happens when an elevator doesn’t stop at the correct level with the floor, creating a gap. This can lead to trip-and-fall accidents, especially for older adults or those with mobility issues. Causes of misleveling include worn-out brakes, faulty sensors, and poor maintenance.
- Faulty Wiring — Electrical malfunctions due to faulty wiring can cause sudden breakdowns, erratic movement, or complete elevator failures. In some cases, exposed or damaged wiring may pose fire hazards or create a risk of electrocution. Poor maintenance or outdated electrical systems can exacerbate these dangers.
Elevators pose serious injury risks not only to passengers but also to construction and maintenance workers involved in their installation and upkeep. Workers may fall into open shafts or face electrocution from faulty circuits. Both passengers and workers may be entitled to compensation for injuries caused by elevator malfunctions, depending on their specific circumstances.
Poor Elevator Maintenance
Poor elevator maintenance is a significant contributor to elevator accidents, posing serious risks to users and maintenance personnel alike. Neglecting regular inspections and necessary repairs can lead to mechanical failures, electrical malfunctions, and safety system breakdowns, all of which increase the likelihood of accidents.
- Inadequate Maintenance — Elevators rely on complex mechanical systems, including cables, pulleys, and braking mechanisms. Without routine maintenance, these components can deteriorate, leading to malfunctions such as sudden drops or uncontrolled movements. For instance, worn-out brake pads or loose bolts can cause the elevator to operate unsafely, as evidenced by incidents where poor maintenance was directly linked to accidents.
- Negligent Maintenance — Faulty wiring or outdated control systems, when not addressed through regular maintenance, can result in erratic elevator behavior, including unexpected stops or door malfunctions. Such electrical issues not only disrupt service but also pose significant safety hazards to passengers and elevator mechanics hired to maintain them.
Who Is Most Vulnerable To Elevator Injuries And Fatalities?
According to data from the Center for Construction Research and Training (CPWR), workers who are likely to be injured by an elevator while at work include employees who:
- Actively work to repair broken elevators.
- Inspect potentially dangerous elevators.
- Work in areas in close proximity to an elevator.
- Clean areas in and around elevators.
- Install elevators.
Another CPWR report revealed that between 2011 and 2016, 145 construction workers died due to elevator-related incidents, with over half of these fatalities resulting from falls to a lower level, particularly from heights exceeding 30 feet.
A National Safety Council (NSC) publication, Safety + Health, also cited information from the same CPWR report showing that elevator installers and repairers experienced the highest fatality rate among construction occupations, at 14.9 deaths per 100,000 full-time equivalent workers. Additionally, younger workers faced a higher risk of both fatal and nonfatal injuries compared to their older counterparts.
Liability For An Elevator Accident
The question of liability is one of the most important in a personal injury claim. In cases of elevator accidents, responsibility often falls on parties involved in the design, manufacturing, maintenance, and safety compliance of these systems.
There are several potential parties that your elevator accident lawyer will look into:
The Elevator Maintenance Company
Elevator maintenance companies are responsible for the upkeep of elevators, and their negligence can lead to accidents and liability. They owe a duty of care to those who rely on the safe operation of the elevators they service. This duty includes:
- Proper Maintenance — Maintenance companies must adhere to industry standards and manufacturer guidelines, performing thorough inspections, lubrication, and repairs. Failure to do so can cause malfunctions.
- Competent Repairs — Repairs must be done correctly by qualified personnel. Faulty repairs create dangerous conditions like sudden stops or door malfunctions.
- Safety Code Compliance — Maintenance companies must follow all safety codes and regulations, ensuring safety devices function correctly.
- Failure to Warn — If a hazard exists, the company must warn the property owner and potentially prevent elevator use until they fix the issue.
- Negligent Hiring — The company can be liable for negligent hiring or supervision if unqualified workers cause accidents.
When an accident stems from a maintenance company’s breach of duty, injured parties can claim damages. Proving liability requires demonstrating that the company’s actions or inactions directly caused the accident.
The Victim’s Employer
As we have seen, elevators can be dangerous for construction and maintenance workers who service them. Employees are entitled to workers’ compensation for any injury suffered on the job. Workers’ compensation is insurance coverage required by every employer in California.
If a company has even a single employee, it must purchase workers’ compensation coverage or show alternative proof of financial responsibility to ensure that injured workers can receive compensation. Workers’ compensation policies are no-fault policies, meaning that you do not have to prove who was legally at fault for causing your injuries. As long as the injury occurred within the scope and course of your employment, you have the right to file a workers’ compensation claim against your employer.
The Elevator Manufacturer
Some elevator accidents occur not because of poor maintenance but because a defect has always existed in the system. In this case, an injury victim might have a product liability claim against the manufacturer. Consumers in the United States have strong legal protections under the rule of strict product liability. This rule requires the manufacturer of any consumer product sold in the United States to keep their product free from defects in design or manufacturing.
If a defect contributes to an injury, the manufacturer may be legally responsible for addressing the resulting damages and losses. Product liability is “strict” because the consumer does not have to prove that the manufacturer was negligent. As long as the product was being used as intended, the manufacturer is liable for any injuries caused by defects.
Common Injuries And Compensation After An Elevator Accident
Elevator accidents can lead to severe injuries, often requiring extensive medical treatment and legal action to pursue compensation. Here’s what you need to know about the most common injuries sustained in elevator accidents:
- Fractures and Broken Bones — Sudden stops, falls, or abrupt drops can result in broken arms, legs, ribs, or even spinal fractures.
- Head and Brain Injuries — A fall or impact inside an elevator can cause traumatic brain injuries (TBIs), concussions, or skull fractures.
- Spinal Cord Injuries — Severe accidents can lead to partial or complete paralysis, requiring long-term medical care.
- Lacerations and Soft Tissue Injuries — Sharp edges, doors closing improperly, or getting caught in elevator mechanisms can cause deep cuts, bruises, and sprains.
- Crush Injuries — Being trapped between elevator doors or a malfunctioning elevator car can lead to serious crush injuries, often requiring surgeries and extensive recovery.
- Electrocution — Faulty wiring or exposed electrical components can cause electric shocks or burns.
Victims of elevator accidents may be eligible for compensation depending on the circumstances of the incident. Damages can include:
- Medical Expenses — Coverage for emergency care, hospital stays, surgeries, physical therapy, medication, and ongoing medical treatment.
- Lost Wages — Reimbursement for income lost due to the inability to work during recovery.
- Pain and Suffering — Compensation for physical pain, emotional distress, and diminished quality of life.
- Permanent Disability — If the accident results in a long-term or permanent disability, victims may be entitled to lifetime compensation.
When elevator accidents result in fatalities, a victim’s family can file a wrongful death claim. A skilled elevator accident attorney can help them seek compensation for funeral expenses, lost financial support, and emotional suffering.
Note: Eligibility for compensation depends on the specific facts of each case. There is no guarantee of a particular outcome or amount of compensation.
What You Should Do After An Elevator Accident
Any accident scene is chaotic and confusing. However, knowing what to do after an accident, you can protect both your health and your legal rights. Here are some steps to consider:
Get Medical Attention
According to elevator accident lawyers, the most important thing to do after any type of accident is to receive the medical attention you need. If you need an ambulance, call 911 and wait for the paramedics to arrive at your location. You should always get checked out at an emergency department or urgent care facility after an accident, even if you do not feel hurt right away.
Some injuries do not show up for hours after an accident occurs. These “latent” injuries can be fatal. Brain injuries, internal bleeding, and other serious conditions do not always show symptoms right away. If you wait until you show symptoms of these dangerous conditions, it could be too late for doctors to treat them, which is why you want to see a medical professional as soon as possible after an accident. They can detect early warning signs of danger. Early treatment also gives you the best possible chance to recover from your injuries.
Take Photos Of The Scene And Any Identifying Information
Your priority must always be your health and getting the necessary medical attention. However, if your health allows it, it can be helpful to take photos of the accident scene. Take pictures of any equipment that appears to be broken or malfunctioning.
Take photos of any identifying information, such as an inspection certificate or the model and the serial number of the elevator car. These photos can be helpful evidence. Your elevator accident attorneys can review this information as part of the case to identify potential responsible parties and document the circumstances of the incident.
Engage An Injury Lawyer Promptly
Consulting with an elevator accident lawyer early can help you understand your legal rights and navigate the process. An attorney can provide guidance on documenting the accident and communicating with others to help preserve your ability to pursue compensation, based on the facts of your case.
Your attorney will also start working to preserve evidence (like surveillance footage) that might get accidentally erased. These are just a few of the many things an injury lawyer does to protect your legal rights after an elevator accident.
Document Your Pain And Suffering
One of the largest single components of many personal injury torts is non-economic damages, especially pain and suffering. This component can be a difficult loss to prove. After all, your pain is not like anyone else’s, and your body will react to trauma differently. Your personal and professional circumstances can also dictate how much pain and suffering you will endure as a result of your injuries, which is why it is helpful to document the ways you have been affected by your injuries. Perhaps you are losing sleep because you are in pain.
An injury can affect your daily activities, including hobbies, exercise routines, or attendance at important life events such as graduations or weddings. Documenting these impacts can help your elevator accident attorney assess the full scope of your non-economic losses, such as pain and suffering, and present them accurately as part of your case.
Elevator Accident Statistics
Elevator accidents are rare. The fact is that this is not a “one in a million” phenomenon. According to data provided by the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, elevator and escalator accidents are responsible for about thirty deaths (and over seventeen thousand serious injuries) across the United States every year.
Here are other findings according to the CPWR report cited by the Centers for Disease Control and Prevention:
- Falls to a lower level made up 53.5% of fatalities, which makes them the primary cause of elevator-related construction deaths.
- Nearly half (47.9%) of these fatal falls were from heights of 30 feet or more.
- Workers installing or repairing elevators faced the highest fatality rate at 14.9 deaths per 100,000 full-time equivalent workers.
- Laborers accounted for the most fatalities, with 31 deaths recorded.
- Small businesses (10 or fewer employees) represented 33.8% of the fatalities.
- Younger workers (under 35 years old) made up 35.2% of fatal injuries.
- The annual number of elevator-related fatalities increased between 2003 (14 deaths) and 2016 (28 deaths), peaking at 37 deaths in 2015.
- Almost half of all annual elevator-related fatalities involve workers who were either servicing an elevator or working near an open elevator shaft.
Whether your company installs, maintains, or disassembles elevator components, you are entitled to adequate safety training and protective gear. Following strict safety protocols can help prevent accidents and allow workers to complete their tasks without injury.
Frequently Asked Questions About Elevator Accident Claims
If you’ve sustained injuries in an elevator accident and are planning to take legal action, it’s natural to have questions. We answered frequently asked questions by those injured in an elevator incident. If you need further clarification or if you have specific inquiries about the elevator accident claims process, call us at (888) 488-1391. We offer free initial consultations.
How Long Do I Have To File A Lawsuit After An Elevator Accident?
The statute of limitations varies by state. In California, you have two years from the date of the accident to file a personal injury lawsuit. However, some situations may “extend” this deadline.
For example, if the injured victim is a minor, the clock will not run until they turn 18. While the statute of limitations pauses for minors, parents or guardians can file a lawsuit on behalf of the minor before they turn 18. Prompt legal action can be beneficial to address immediate needs arising from the injury. Consulting a skilled elevator accident lawyer can give you more insights on what deadlines apply to your case.
Do I Need A Personal Injury Lawyer For An Elevator Accident Claim?
A skilled personal injury attorney can help you handle the legal legwork involved in your elevator accident claim. They can provide guidance tailored to the specific circumstances of the case and ensure they meet all legal deadlines.
For example, you have to collect strong evidence that can help prove negligence and support your claim. However, this task might prove difficult as you’re trying to recover from your injuries.
Your elevator accident lawyers can gather the following evidence on your behalf:
- Medical records documenting your injuries
- Relevant incident reports
- Surveillance footage of the accident
- Witness statements from bystanders
- Elevator maintenance records
- Expert testimony from engineers or elevator specialists
Elevator accident cases often involve complex liability issues and interactions with insurance companies. An attorney can negotiate the settlement amount with insurance companies and represent you in court if necessary. They can also help gather and preserve evidence, such as maintenance records and surveillance footage, to support your case.
How Much Does It Cost To Hire An Elevator Accident Lawyer?
Most elevator accident attorneys work on a contingency fee basis. At Arash Law, we only collect legal fees if we successfully secure compensation through a settlement or verdict. The exact fee structure will depend on the specifics of your case. Our lawyers will clearly explain the details during your initial consultation.
What If My Elevator Accident Happened At Work?
If the accident occurred on the job, you may be eligible for workers’ compensation benefits, covering medical expenses and lost wages. In some cases, a third-party lawsuit (against an elevator manufacturer, maintenance company, or another entity) may be possible for additional compensation. If you have further questions, an elevator accident attorney can review the details of your situation, explain your potential options, and help determine the best course of action.
How Long Does An Elevator Accident Lawsuit Take?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether a fair settlement is possible or a trial is necessary. Cases may take several months to a few years to resolve. Experienced elevator accident attorneys can help manage the process efficiently and guide you through the essential steps at each stage of the case.
Call Our California Elevator Accident Lawyers For Legal Assistance
People who sustain an injury in elevator incidents may need lawyers who know how to handle their specific situations. You can speak with one of our elevator accident attorneys by calling (888) 488-1391 or by filling out our contact form to schedule a free initial consultation. During this consultation, an attorney can review the details of your case and discuss possible next steps.
Our team represents clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and surrounding areas. In addition to elevator accidents, our team also includes experienced car accident lawyers who handle motor vehicle accidents, including car, truck, motorcycle, and pedestrian collisions throughout California.
