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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: 
- 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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