Las Vegas is brimming with towering casinos and high-rise office buildings. When you step foot in an elevator, it’s probably such a routine part of your day that you hardly give it a second thought.
But what if something goes wrong?
At Naqvi Injury Law, we’ve seen firsthand how elevator accidents, though rare, can turn lives upside down in an instant. As your neighbors and legal advocates here in Las Vegas, we believe knowledge is power. That’s why we’re pulling back the doors on elevator accidents — what causes them, how to stay safe, and what to do if the unthinkable happens.
In the following guide, we’ll examine the causes, legal implications, and safety measures related to elevator accidents.
Table of Contents
What Causes an Elevator Accident?
Mechanical Failures
Mechanical failures are one of the leading causes of elevator accidents. These can include:
- Brake Malfunctions: Failure of the braking system can cause uncontrolled descents.
- Cable Breaks: Worn or broken cables can lead to elevator free falls.
- Door Malfunctions: Faulty door mechanisms can result in injury if the door shuts on your limbs or torso.
Human Error
Human error, including improper elevator maintenance and operation, contributes significantly to elevator accidents. Key violations include:
- Negligent Elevator Maintenance: Skipping routine checks and repairs.
- Operator Error: Incorrect usage by staff or elevator technicians.
Common Types of Elevator Accidents
Falls Into the Elevator Shaft
Falls into open elevator shafts are extremely dangerous and often fatal. These incidents typically occur due to:
- Open Elevator Shaft Doors: Doors opening without an elevator present.
- Misalignment: The elevator is not aligned, or level, with the floor.
Sudden Stops and Starts
Sudden jolts can cause serious injuries to passengers, including:
- Back and Neck Injuries: Due to abrupt movements.
- Falls Within the Elevator: Passengers can easily lose balance and fall over if the elevator experiences unexpected shifting.
Entrapment
Getting trapped in an elevator can be a traumatic experience, often caused by:
- Power Failures: Loss of electrical power can halt the elevator to a stop.
- Mechanical Failures: When critical components break down, the elevator can stop working in between floors, preventing passenger escape.
Legal Rights of Elevator Accident Victims
Understanding Liability
Liability in elevator accidents can often fall on several parties. For this reason, figuring out who’s responsible isn’t always as straightforward as pushing a button to reach your floor.
Liable parties can include:
- Property Owners: These are often the first people we think of when something goes wrong in a building. And rightfully so. Property owners have a legal responsibility to ensure their elevators are safe for use. This means scheduling regular inspections or timely repairs and adhering to all safety regulations. If property owners have been negligent in these duties, they could be held liable for elevator accidents.
- Maintenance Companies: Many property owners contract elevator maintenance to specialized elevator service companies. These firms are entrusted with keeping elevators in top shape. If an elevator accident occurs due to poor workmanship or overlooked issues, the maintenance company could be held responsible for the aftermath.
- Manufacturers: Sometimes the problem isn’t with maintenance but with the elevator itself. If a faulty part or design flaw leads to an elevator accident, the manufacturer might be held responsible.
Steps to Take After an Elevator Accident
If you’ve been involved in an elevator accident, it’s natural to panic. But keeping a clear head and taking the right steps in these moments can make a world of difference.
As an experienced elevator accident attorney, Naqvi Law recommends taking the following steps after an elevator accident:
- Seek Medical Attention
Your health comes first, always. Even if you feel fine, some injuries might not be immediately apparent. Get checked out by a medical professional as soon as possible. This important step not only ensures your well-being but also creates an official record of your injuries.
- Report the Incident
Don’t leave the scene without notifying the building management or security. Make sure they document the incident in writing. Ask for a copy of this report, as it could serve as crucial evidence later on.
- Gather Evidence
With smartphones more accessible than ever, you have an evidence-gathering tool that fits conveniently in your pocket. Use it to take photos of the elevator, any visible malfunctions, and your injuries. If there were witnesses, politely ask for their contact information and their accounts of what happened. As your case progresses, keep all medical records and receipts related to your injury.
- Consult an Elevator Accident Attorney
This is where we can help. Naqvi Law specializes in elevator accident cases, which means contacting us early on can make a significant difference in the outcome of your case. We can help preserve and demonstrate the evidence you’ve collected, negotiate with insurance companies, and make sure your rights are protected at every step of your recovery.
How to Prove Negligence in Elevator Accident Cases
Evidence Collection
Proving negligence is all about demonstrating that someone failed to take reasonable care — and that failure led to your injury. With thorough evidence collection and expert analysis, elevator accident lawyers can build strong cases to support victims’ claims.
Effective evidence collection includes:
- Maintenance Records: An elevator accident attorney like Naqvi Law meticulously reviews maintenance logs to spot any red flags like skipped inspections or delayed repairs. Often, these records will reveal a pattern of neglect and substantiate your case.
- Surveillance Footage: In our modern world, cameras are everywhere — and thank goodness for that. Video evidence can be a game-changer in capturing what caused the elevator accident. Just remember: it’s important to secure available security footage before it’s overwritten or lost.
- Expert Testimony: Sometimes unbiased, third-party testimony can make a difference in the outcome of elevator accident cases. Consulting with mechanical engineers and safety experts who can provide professional insight is indispensable in establishing negligence.
Elevator Safety Regulations and Compliance
Key Standards
There are certain industry standards in place to ensure passenger safety on elevators. Understanding these regulations can help you recognize if property owners or maintenance companies acted illegally.
Important regulations include:
- ASME A17.1: This is THE safety code for elevators and escalators. The American Society of Mechanical Engineers (ASME) developed this comprehensive code to cover everything from construction and installation to operation and maintenance. When elevator accident attorneys investigate an accident, this is often a go-to resource.
- ADA Compliance: The Americans with Disabilities Act (ADA) states that elevators must be designed and maintained to ensure safe use by individuals with disabilities. This includes features like audible floor announcements, tactile buttons, and sufficient door timing.
Regular Inspections
Ongoing, regularly scheduled inspections can prevent accidents.
This involves:
- Routine Checks: Elevators should be subject to routine inspection. These aren’t just quick once-overs — they should include thorough examinations of all components and safety features.
- Immediate Repairs: When an inspection reveals a problem, it’s not enough to just note it down. Issues need to be addressed promptly. Delaying repairs puts passengers at extreme risk.
Compensation and Recovery Options for Elevator Accident Victims
Types of Compensation
When passengers get injured in elevator accidents, the impact can extend far beyond just physical pain. Elevator accident victims can seek compensation for:
- Medical Expenses: This is often the most immediate concern. Elevator accident lawyers like Naqvi Law secure compensation for victims’ initial emergency room visits and all related medical needs resulting from the accident. These include follow-up appointments, physical therapy, medication, and any long-term medical care you might need.
- Lost Wages: If elevator accident victims take time off work due to their injuries, that’s money out of their pockets. Elevator accident lawyers fight to recover those lost wages. If injuries affect victims’ ability to work in the future or limit their earning capacity, that’s taken into account as well.
- Pain and Suffering: How do you put a price tag on physical pain or emotional distress? While it’s not easy, it’s what elevator accident attorneys do. At Naqvi Law, we work to ensure our clients are compensated for tangible losses as well as physical discomfort, emotional trauma, and overall impact on quality of life.
Filing an Elevator Accident Claim
Steps to file a claim include:
- Documentation: Collect all relevant medical and incident records, including reports from building management, eyewitness statements, photos and videos of the accident scene, and records of missed work or lost wages. The more comprehensive the documentation, the stronger the case.
- Legal Representation: Hire an experienced elevator accident attorney like Naqvi Law. We’ve handled numerous elevator accident cases, so we know how to handle even the most complex claims. We work with elevator accident victims to evaluate their cases, protect their rights, handle communication with insurance companies and opposing counsel, and maximize claim settlements.
- Negotiation and Settlement: Our goal is to get elevator accident victims the compensation they deserve as efficiently as possible. Often, this involves negotiating with insurance companies or the liable parties. If a fair settlement can’t be reached through negotiation, we’re fully prepared to take your case to court. Whether at the negotiating table or in the courtroom, we’ll be fighting for your best interests every step of the way.
Frequently Asked Questions
What to Do If an Elevator Falls?
- Remain Calm: Try to stay calm and protect your head and neck.
- Press Emergency Button: Alert building management and emergency services.
- Seek Medical Help: Get checked by healthcare professionals, even if you feel fine.
How Many Elevator Deaths Per Year?
On average, there are approximately 27 deaths and 10,200 injuries related to elevators each year in the United States. Of these deaths, more than half are a result of victims falling down the elevator shaft.
Elevator Accident Attorney
At Naqvi Injury Law, we’re well-versed in the regulations and standards that impact elevator safety. If we find that an elevator wasn’t up to code or that inspections were neglected, it strengthens our ability to prove negligence and fight for your rights.
Remember — while these standards exist to protect you, it’s ultimately the responsibility of property owners, maintenance companies, and manufacturers to ensure they’re followed. When they fail in this duty, Naqvi Injury Law will step in to hold them accountable.
If you’ve been involved in an elevator accident, don’t wait. Contact us at Naqvi Injury Law, and let’s take the first step together on your path to justice and fair compensation