Two colleagues using an elevator, waiting for their floor.

Elevators move millions of New Yorkers throughout the day. If one fails, the consequences can be life-altering. In the blink of an eye, a single malfunction can cause a person to suffer catastrophic injuries. When elevator accidents occur, victims may have options to hold the building owner or others liable. However, pursuing that accountability can be challenging without an experienced personal injury lawyer at your side.

The dedicated New York elevator accident lawyers at David Resnick & Associates, P.C., understand how these devastating incidents upend the lives of victims and their families. We’ve recovered over $180 million in verdicts and settlements on behalf of our clients, and we’re ready to fight for the recovery you deserve. Contact us today to learn more.

What Are the Different Types of Elevator Accidents in New York?

Elevator accidents can occur in several ways, often due to mechanical failures and safety violations. You may be eligible to pursue compensation in a personal injury claim if you suffered serious injuries in one of these accidents.

Some of the most common causes of serious and fatal injuries in elevator accidents include:

  • Mis–leveling
  • Door entrapment
  • Car entrapment
  • Falling into the elevator shaft
  • Sudden acceleration
  • Sudden deceleration
  • Overspeed conditions
  • Defective governors
  • Improper hoist cable maintenance
  • Interlock circuit bypass
  • Communication failure
  • Safety device failure.

Mis-leveling accidents occur when an elevator stops above or below the floor surface, causing trip-and-fall injuries. Door entrapment incidents occur when doors close too quickly or fail to reopen. Car entrapment occurs when passengers get trapped inside stalled elevators, often for extended periods without ventilation or communication.

More extreme failures include free falls, overspeed conditions, and sudden drops caused by defective braking systems, governors, or hoist cables. These incidents often result in catastrophic injuries or death.

What Are Common Causes of Elevator Accidents in New York?

Elevator accidents rarely happen without warning. Most failures trace back to poor maintenance or cost-cutting decisions that sacrifice safety. Common causes of elevator accidents include:

  • Poor hoist cable maintenance
  • Poorly maintained safety device
  • Interlock circuit bypass
  • Elevator equipment failure
  • Poor general maintenance routines
  • Delaying the process of fixing the issues early
  • Non-existent or altered safety features
  • Elevator repairman’s lack of experience
  • Penny-pinching by the repair and maintenance companies
  • Mistakes made by workers when constructing, dismantling, or repairing the equipment
  • Negligence and carelessness on the part of the property management firm.

Property owners and managers often delay repairs, ignore inspection reports, or hire unqualified contractors to save money. These decisions place everyone who uses these neglected elevators at risk. If they lead to elevator accidents and injuries, they can also make those property owners liable.

A personal injury lawyer at David Resnick & Associates, P.C., with experience handling New York elevator and escalator accident cases, will understand how to identify these negligent actions. We can review maintenance logs, service contracts, inspection reports, and prior complaints to determine the exact cause of the failure in your case and build a compelling case to hold the at-fault party accountable.

What Are the Types of Injuries That Can Result from an Elevator Accident?

Elevator accidents cause some of the most severe injuries seen in personal injury law. The confined space, combined with heavy machinery and sudden movement, creates a substantial risk of life-altering or fatal outcomes.

Some of the most common injuries that accident victims suffer include:

  • Broken bones
  • Degloving injuries
  • Lost limbs
  • Brain injury
  • Back and neck injury
  • Spinal cord injury
  • Crushing injury
  • Paralysis
  • Wrongful death.

After many elevator accidents, victims face extended hospital stays, multiple surgeries, lengthy recoveries, costly medical bills, and an inability to return to work. The impacts of these injuries frequently extend to families, who face significant emotional and financial distress caring for their loved one.

What Are the Different Types of Elevators That Could Be Involved in a New York Elevator Accident Case?

New York uses a variety of elevator types, each with different mechanical systems and failure risks. Liability depends heavily on the type of elevator involved in the accident.

Elevators commonly involved in premises liability cases include:

  • Passenger elevators
  • Freight elevators
  • Service elevators
  • Construction hoists
  • Dumbwaiters
  • Escalators and moving walkways
  • Residential building elevators
  • Commercial and office building elevators
  • Hospital elevators.

Freight elevators and construction hoists present especially high risks due to heavy loads, exposed components, neglected inspections, and frequent misuse. Older residential buildings often operate outdated systems that require strict maintenance to remain safe. When property owners or managers fail to take the necessary safety measures and cause serious injury, we fight to hold them accountable.

What If the Elevator Accident Happened on a Construction Site?

Construction site elevator accidents are subject to additional legal protections for injured workers. New York Labor Law §240(1) imposes strict safety obligations on owners and contractors to address gravity-related hazards.

When an elevator, hoist, or lift fails on a construction site, injured workers may recover compensation even if another party caused the malfunction. These construction elevator accident cases often involve:

  • Temporary construction elevators
  • Material hoists
  • Improperly secured platforms
  • Inadequate safety devices
  • Violations of elevation safety rules

When a construction site elevator causes serious injury, our team at David Resnick & Associates, P.C., evaluates whether Labor Law protections apply, identifies all responsible parties, and then builds a case for maximum compensation.

Who Can Be Held Liable for a NYC Elevator Accident?

Elevator accident cases can involve a wide range of parties, and sometimes more than one party may share responsibility. Several companies or individuals involved in the maintenance, repair, design, or operation of the elevator may be liable if their carelessness causes harm, including:

  • Property owners – These owners have a legal duty to keep elevators safe and operational. Missed inspections or safety code violations can result in liability.
  • Building maintenance organizations – Elevator maintenance companies that handle elevator inspections and repairs can be held liable in a personal injury lawsuit for defects they overlook or sloppy workmanship that contributes to an elevator malfunction.
  • Construction site contractors and subcontractors – Companies responsible for temporary elevators, hoists, and lifts must ensure proper installation, operation, and maintenance.
  • Elevator installation companies – When improper installation or wiring causes a serious accident, the installation company may be held liable.
  • Elevator manufacturing companies – Manufacturers bear responsibility when defective parts, faulty designs, or unsafe elevator components contribute to an accident.
  • Property management companies – Companies that oversee daily building operations, including safety complaints and maintenance coordination, have a legal responsibility to address known elevator safety issues promptly.
  • Retail stores – Stores that operate elevators for customers or employees must ensure they are safe and functional. Failure to report problems, perform regular inspections, and promptly address known issues can result in a valid premises liability claim against them.

How Do You Prove Liability in a New York Elevator Accident Case?

Successful elevator accident claims rely on strong evidence and careful technical analysis. Insurance companies aggressively defend these cases, so you must provide substantial proof that the at-fault party caused you real harm. Our team can take steps to establish liability, such as:

  • Obtaining maintenance and inspection records
  • Reviewing service contracts and repair histories
  • Analyzing incident reports and prior complaints
  • Working with elevator engineering experts
  • Examining safety code violations
  • Preserving physical evidence
  • Interviewing witnesses and employees.

Our attorneys at David Resnick & Associates, P.C., understand how elevator companies operate and how they attempt to shift blame. We can move quickly to prevent the destruction of evidence and build a case that withstands these aggressive defense tactics.

What Damages Can You Recover After a New York Elevator Accident?

The consequences of an elevator accident can impact every aspect of your daily life and cause considerable financial distress. The compensation in a personal injury claim is designed to account for these losses, and can cover:

  • Current and future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disfigurement or disability.

In fatal cases, surviving family members may pursue wrongful death claims for funeral and burial expenses, loss of financial support, loss of companionship and guidance, and medical bills incurred before the deceased’s passing.

Does New York Have a Deadline for Filing an Elevator Accident Lawsuit?

New York law enforces strict filing deadlines for personal injury and wrongful death lawsuits. In most cases, you have three years from the date of the accident to file a personal injury suit, and two years from the date of death to file a wrongful death suit.

Evidence fades quickly in elevator accident cases, largely because much of that evidence lies in the hands of the at-fault party. Act swiftly to protect your legal rights and contact a lawyer as soon as possible.

Contact a New York Elevator Accident Lawyer Today

The team at David Resnick & Associates, P.C., has proudly protected the rights of injured New Yorkers for nearly 30 years. In that time, we’ve earned a reputation for honesty, trustworthiness, effective client communication, and fierce advocacy. A long list of heartfelt testimonials from satisfied former clients backs that reputation:

“David Resnick is a passionate, caring, and competent lawyer. He genuinely listens and tries to understand your predicament. He then carefully, skillfully, and tirelessly guides you through a maze of legal challenges. Finally, Mr. Resnick, along with a dedicated staff, confidently entrenches for a winning fight for your case in court!”

—Aziz Obidov, former client.

Our New York elevator accident lawyers stand ready to fight for your rightful compensation after someone else’s careless actions caused you harm. Contact us today for your free consultation.