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ACCIDENT and INJURY RESOURCES
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Product Liability Matters
 
Elevator and Escalator Accident - Who's Responsible?

When you step onto an elevator, you assume that the elevator will safely take you to the floor you have selected.  If an elevator or escalator accident occurs, more likely than not, the accident resulted from negligence or from a defect. 

If you are injured due to negligence or defective equipment, who is responsible for your injuries?  Our attorneys review the specifics of your case to determine where the accountability lies.  Depending upon the specifics of the case, one or more of the following may be determined to be responsible: Do I have a Case?

  • Equipment Manufacturer.  If a defect is discovered in the construction, or manufacturing, of the elevator/escalator or its components, the manufacturer may be responsible for injuries.  These legal claims would be considered to be a products liability claim. 

Manufacturers can be sued under the following conditions:

    • failure to inspect or test the product before placing it on the market
    • creating a flaw in the product
    • failing to discover a flaw in a product
    • failure to discover that the product could be dangerous
    • failure to warn or adequately warn of a risk or hazard associated with the product
  • Building Management/Owner.  Elevators must be kept current with ever-evolving safety codes and standards. Owners or managers of buildings are required to keep elevators and escalators up-to-date with current and properly working safety equipment and safety devises. In addition, an owner or manager can be held liable for elevator injuries if there is a failure to develop and implement an emergency/rescue plan and to train and drill employees in the aspect of those plans.
  • Service and maintenance company.  Escalators, and especially elevators, are complicated pieces of machinery.  In fact, an entire industry has been developed to maintain and service them.  Very few building owners or managers have the know-how to maintain and service their elevators and/or escalators.  Therefore, they enter into contractual agreements with trained service and maintenance companies.  Service companies are then responsible for, at minimum, monthly lubrication, adjustments, maintenance, and upgrades.  These companies are responsible to know current standards and changes in codes.  They can also be held accountable for defective repairs and for failing to keep maintenance records.

    At Rosenberg, Minc, Falkoff, & Wolff, LLP.,  we specialize in personal injury cases resulting from elevator and escalator accidents. You can depend on our knowledge and skill when it comes to representing a client with a Personal Injury matter.

    If you would like a free consultation about your elevator or escalator accident and injury claim, call us toll-free at 1-800-660-2264, or email us at lawyers@nycaccident.com. We’re ready when you are.

 

 

 

 

 

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