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On a typical day, millions of people make use of elevators and escalators to access their office, home or different floors in buildings. In New York City alone, there are more than 84,000 elevators and escalators.
These can be found in the high-rise office buildings, hotels, sport arenas, apartments and retail stores, in government buildings, subway stations, train stations and shopping centers all across the city.
Since there are a lot of these complex machines around, there are also a lot of accidents involving them. Every year, according to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, elevators and escalators cause 'serious injury' to more than 17,000 people in the United States.
If you get involved or hurt in an escalator or elevator, there could be a number of reasons for the incident. A skilled attorney at Oshan and Associates can help you investigate this and offer you legal insights on your rights.
Get in touch with our elevator and escalator accident lawyer at Oshan and Associates. Call us today on (206) 335-3880 or (646) 421-4062 to get in touch.
New York City laws on elevators and escalators
To begin with, all elevators and escalators must conform to the rules and standards prescribed by the American Society of Mechanical Engineers (ASME).
In New York City, according to the elevator rules, all elevators and escalators in use must also meet safety precautions and criteria. These are in relation to telephone, door locking mechanisms, proper Braille and door protection.
The owner of a building with elevators has to have an annual certification testifying to its safety. Additionally, the New York City Department of Buildings carries out safety tests on elevators and escalators.
Thus, in line with the Building Code Title 27 Subchapter 18, all elevators and escalators in New York City must be inspected five times every two years. This equals inspection three times by the Building Department of the City of New York and twice by a private inspection agency.
If the violation of the elevator laws or any other negligent act is the cause of an accident, the injured victim will be entitled to financial compensation from the liable parties.
Who can you sue in an elevator or escalator accident in NYC?
Building owners are 'prima facie' responsible for the safe and proper operation of elevators and escalators located within their buildings.
In many instances however, property owners also contract management companies for the maintenance, repair and/or inspection of elevators and escalators.
Considerably, the majority of elevator and escalator accidents are as a result of improper servicing, inspection or installation of the equipment.
As such, all other parties that installed, inspected, maintained or serviced an elevator or escalator may be held liable when an unfortunate accident occurs.
As you may have realized, determining who to hold responsible for an elevator or escalator accident may be complicated.
This is why it is important that a victim of such an accident consults only a skilled and experienced elevator or escalator accident lawyer that has the means to conduct thorough investigations.
Filing a claim in an elevator or escalator case
Elevator and escalator accidents are generally referred to as 'res ipsa loquitur' cases. This means that the case speaks for itself and the occurrence of the accident means something went wrong with the elevator or escalator.
In New York City, it must be established that the liable party had reasonable notice that the elevator or escalator required some type of maintenance.
Proving that the liable party had reasonable notice can be deduced from:
If you can prove these elements, the property owner and other liable parties must compensate you financially for your injury or loss.
Reach out to Oshan and Associates
How big the compensation you'll get also depends on how good your personal injury lawyer is.
As an injured victim, you would require the services of a New York City elevator and escalator accident lawyer to make sure that you get compensated for your loss or injuries.
Residents of New York have continuously relied on the excellent services we provide at Oshan and Associates to claim their rights and get their due compensation in personal injury cases.
Our attorneys in our offices in New York, Washington, Pennsylvania, Illinois, California, & Puerto Rico are up and ready to be of legal assistance to you.
Get in touch with us online for a free 'no obligation' consultation or call us at (206) 335-3880 or (646) 421-4062.
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