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Am I Able to Sue If I Got Stuck In an Elevator?

For many people, getting into an elevator can evoke fears of getting stuck or trapped inside. This fear increases, as more and more people flood into the elevator with them. Simple things like the doors not opening right away can cause a momentary panic for people afraid of elevators. However, these fears are absolutely warranted. In fact, people get stuck and injured on elevators more frequently than you might think. In this blog, we answer the following question: Can I sue if I get stuck on an elevator?

Elevator Malfunctions & Injuries

Although elevator accidents aren’t as common as vehicle collisions, there are still serious injuries and deaths caused by elevator accidents each year. In fact, the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission reports that 30 people are killed and 17,000 people are injured in elevator accidents every year.

From getting stuck for long periods of time to decapitations caused by elevator doors, there are all sorts of scenarios where getting stuck in an elevator can become dangerous.

Negligent Infliction & Emotional Distress

In most elevator accident lawsuits, the elevator manufacturer, the maintenance company, or building owner can all be sued for negligent infliction of emotional distress. In order to win this type of claim, the following things will need to be proven:

  • Duty:  The defendant owed some type of duty to the person stuck in the elevator.
  • Breach: The defendant failed to uphold their duty by creating a dangerous and unsafe elevator.
  • Causation: The elevator’s malfunction caused injuries.
  • Damages: The plaintiff suffered harm or emotional distress

Determining the type of damages is usually the most difficult part of an elevator accident case. When it comes to emotional distress, courts will generally require the distress to be connected to or manifested from some type of physical injury. This means that you might need a physical injury like a broken bone or an ulcer caused by stress to obtain any sort of financial compensation.

If you were stuck in an elevator and suffered an injury, you should immediately consult with an experienced personal injury lawyer. At The Law Offices of Charles R. Gueli, we are committed to helping all of our clients obtain fair compensation for their personal injuries. We will handle all aspects of your case to ensure that your rights and interests are fully protected. Let us help you get the compensation you deserve.

Call (516) 628-6402, or contact our Nassau County elevator accidents attorney to schedule your free consultation today.