Elevator And Escalator Accident Attorneys In New York
Elevators and escalators are great inventions which allow people to live and work in multi-story buildings with ease. In the course of a day throughout the five boroughs and the outer lying areas, millions of people are using elevators and/or escalators in office buildings, schools, apartment houses, shopping malls and other commercial establishments as an invaluable mode of transportation to get to and from various locations.
People rarely think about any danger or the possibility of an accident involving an elevator or escalator. We take for granted the fact that an elevator or escalator should function properly. However, as with many technologies, elevators and escalators are not without their dangers.
When something does go wrong involving an elevator or escalator, the consequences can be catastrophic and life-changing. The attorneys at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., have more than 35 years of experience in representing victims of elevator and escalator accidents, and we are prepared to prosecute any and all necessary claims on behalf of our clients who have become a victim due to an accident involving an elevator or escalator. These cases require very meticulous and detailed investigation, preparation, and knowledge of the various laws surrounding the usage of elevators and escalators. Moreover, these cases also often require the expertise of an expert in the industry to come in and provide expert opinion and/or testimony due to the highly technological nature of these cases. We have these experts available to us.
If you or a loved one was the victim of an elevator and/or escalator accident or someone close to you has died due to this type of accident, contact the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., online. We offer free initial consultations so you can begin discussing your options. Call 212-689-5000 today.
Types Of Elevator And Escalator Accidents
- Mechanical breakdown
- Improper access leading to an open shaft
- Mis-leveling of an elevator
- Faulty wiring
- Pulley system malfunction
- Improper circuit bypass
- Improper safety devices which malfunction resulting in sudden acceleration or sudden deceleration
- Entrapment inside an elevator car
- Incomplete repairs
- Incomplete inspections
- Improper speed regulation
- Sudden drops
The Duty To Maintain, Operate And Inspect Elevators And Escalators
In New York City, all elevators that are in use must meet certain safety criteria which include, but are not limited to, telephone, door locking mechanisms, proper Braille and door protection. These elevators and escalators must also be up to code. In fact, New York City requires annual certification of an elevator. There are various safety tests that are required by the New York City Department of Buildings that include a governor safety test, full load governor safety test and/or pressure test depending upon the type of elevator. The law requires certain repairs and upgrades be made to elevators to comply with current codes and safety standards.
In fact, all elevators and escalators in New York City must be inspected five times every two years – three times by the Building Department of the New York City and twice by a private inspection agency. Copies of the inspections must be kept in the elevator or in the building manager’s office.
Although elevators in the United States are statistically very safe, with an average of 27 deaths per year out of 18 billion uses according to the U.S. Bureau of Labor Statistics, there are still fatal accidents every year. In fact, during December 2011, an advertising executive in New York was killed when the elevator she was entering suddenly began moving up, pinning her between the elevator floor and the top of the elevator entrance in a Manhattan office building. It was later determined that a maintenance worker had disabled a safety circuit while he was working on the elevator that would have prevented the elevator from moving with its doors open. At the time of this particular accident, there was no licensing requirement for New York elevator technicians. Governor Andrew M. Cuomo signed legislation to improve elevator safety. This new law requires all individuals engaged in the design, construction, inspection, maintenance and repair of elevators or other automated people-moving conveyances to be licensed by New York state. The law also creates the New York State Elevator Safety and Standards Advisory Board to help establish recommendations for elevator inspections, examinations to satisfy licensing requirements, and enforcement to ensure compliance and promote public safety. It is expected to take effect in 2022.
Despite incidents such as this, stringent codes and maintenance requirements help keep elevators extraordinarily safe. However, the codes that apply can be drastically different depending upon the age of the elevator and whether it has been modernized or not. Further complicating things, the requirements of certification of mechanics vary widely from place to place and it can be very difficult to know whether you can trust the person you are hiring to maintain and/or repair an elevator.
The standard adopted by most authorities having jurisdiction is the American Society of Mechanical Engineers (ASME) Standard A17.1, which is the safety code for elevators and escalators. This Standard includes annual, semi-annual and monthly requirements, as well as calls for a maintenance control plan for each individual elevator, which helps account for the fact that not every elevator is used the same way.
A different section of the Standard, ASME A17.3, Safety Code for Existing Elevators and Escalators, establishes standards for safety and operations in older elevators that are not modernized, but it has not seen widespread adoption.
Although elevators and escalators are probably some of the most expensive single pieces of equipment that a building owner can have, they are potentially some of the most dangerous pieces of equipment in the building. Therefore, periodic maintenance and inspections are very important to keep them running safely and reliably.
In New York, the owners and managers of different buildings that house elevators and escalators commonly rely upon service contracts and technicians from the elevator manufacturer or other private companies to provide maintenance, repair and inspection services. These services are usually performed pursuant to a contract with the owner and/or managing agent. Sometimes, in much larger buildings, there will be someone on call from the elevator company at all times.
Who Is At Fault For Your Elevator Or Escalator Accident?
Building owners are responsible for the safe and proper operation of elevators and escalators that are located within their buildings. Property and building owners often rely upon management companies to manage their buildings, which also includes responsibility for overseeing any maintenance, repair, and/or inspection of elevators and escalators.
Certainly, property owners and managing agents are potential defendants as a result of any accident and injuries sustained in an elevator or on an escalator. However, it is extremely important for any law office undertaking the prosecution of any elevator or escalator accident lawsuit to include in the lawsuit, in addition to an owner or managing agent, any elevator and escalator maintenance and service companies, and possibly even any equipment manufacturers who may be responsible for the circumstances that led up to the accident.
Most elevator and/or escalator accidents are caused by improper servicing, inspection or installation of equipment associated with the elevator or escalator. The company that inspects, maintains, and services an elevator or escalator does have a responsibility to ensure that these vital pieces of equipment are operating correctly and properly and that they are free of conditions that could cause harm to people utilizing the elevators and escalators on a daily basis.
Only through a thorough investigation of the elevator or escalator accident and inspection of all ownership, repair, maintenance and inspection documentation will a competent and qualified attorney be able to ascertain all of the potentially responsible parties who need to be brought into a lawsuit. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we are familiar with all necessary elements involved in an elevator or escalator accident case in addition to having at our disposal the necessary resources required to properly investigate such an accident, including experts in the field who can provide us with the valuable information that we need. Call our office at 212-689-5000 for a free consultation to discuss any unfortunate accident involving you or a loved one so that all necessary steps can be taken to protect your legal rights for the purpose of obtaining full and fair compensation and damages due to your harms and losses.
Important Information And Documentation In Order To Prove Responsibility
In order to ascertain responsibility and prove the liability of a building owner, building management agent, or any company involved in the servicing, inspection, repair and/or maintenance of an elevator, it is necessary to obtain and secure various information and documentation, such as the following:
- A complete copy of the contract, including any modifications, addendums and/or attachments that were in effect on the date of the accident and during a substantial period of time prior to the accident between a building owner, managing agent, and elevator company that is servicing and maintaining the elevator or escalator equipment involved
- The full names and identities of all persons who were responsible for maintaining, servicing and inspecting the elevator and/or escalator in question on behalf of any building owner, managing agent or elevator/escalator service company
- Complete copies of all records and logs maintained by any building owner or managing agent relating to the maintenance, repair, service and/or inspection performed upon any elevator or escalator in the building
- All logs, books, service slips and any other documentation kept by any elevator/escalator service company that had the responsibility for repairing, maintaining, servicing, and/or inspecting an elevator/escalator for a number of years prior to and including the date of an accident involving an elevator/escalator
- All records, logs and/or service slips relating to any modifications or upgrades that were made to the elevator/escalator involved in the accident
- All correspondence, including copies of all estimates that were provided to an owner or managing agent of a building by an elevator service company relating to proposed work, labor and/or services to be eventually performed upon any elevator/escalator involved in the subject accident
- Copies of all invoices and canceled checks relating to any payment for servicing, inspection, maintenance and/or repair of the subject elevator/escalator prior to and including the date of the subject accident
- Copies of any records, invoices, service slips and any other document that was completed as a result of any repair and inspection conducted directly as a result of the subject accident
- The names and identities of all inspection companies and/or agencies that the building owner and/or managing agent hired and/or contracted with for purposes of inspecting the elevator in question pursuant to local law or otherwise
- All documents that were prepared and completed by or on behalf of any state or local governmental agency pertaining to any testing or inspection required under the law
- Complete copies of all violations issued by any state or local governmental agency or department thereunder relating to the elevator/escalator involved in the subject accident, including any other written complaints that were filed
- An investigation and canvass of the building in question so as to determine whether there are any witnesses or other known complaints concerning the elevator/escalator in question prior to the subject accident
Schedule A Free Consultation To Discuss Your Options
The Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. offers free initial consultations so you can discuss your case and begin working with a proven injury attorney to help secure maximum compensation for your injuries. Call our office at 212-689-5000 or contact us online to make an appointment.