Man walking towards the glass elevator.

When an elevator does not stop at a floor’s level, occupants can trip and fall without warning. These elevator misleveling accidents happen more often in New York City and Long Island than most people realize. The injuries can sometimes result in life-changing trauma.

If you suffered injuries in an elevator accident caused by someone else’s negligence, David Resnick & Associates, P.C. can help you pursue the compensation you deserve.

Since 1998, we have recovered over $180 million in verdicts and settlements for accident victims throughout New York City and Long Island. Contact us today to schedule a free consultation about your case with an experienced New York elevator accident attorney.

What Is Elevator Misleveling?

Elevator misleveling occurs when an elevator car stops above or below the floor landing level. Instead of creating a smooth, even surface for passengers to step onto, the elevator leaves a gap or step that catches people off guard. Even a slight difference of an inch or two can cause serious trip-and-fall accidents.

Passengers stepping out of an elevator have every right to assume they are stepping onto a flat surface. When the floor is higher or lower than anticipated, they can lose their balance and fall. Elderly passengers and those with mobility challenges — as well as anyone carrying a package — face increased risks.

Misleveling can result from elevator defects such as worn brake systems, faulty sensors, stretched cables, electrical problems, or poor maintenance. Regardless of the cause, property owners and other responsible parties have a duty to keep elevators safe for passengers.

What Are Some Common NY Elevator Misleveling Injuries?

The sudden, unexpected nature of elevator misleveling accidents often leaves victims with serious injuries.

Common injuries from elevator accidents include:

  • Broken bones – Wrists, arms, hips, and ankles often break when people try to catch themselves during a fall or land on hard surfaces.
  • Head injuries – Striking your head on the elevator floor, walls, or door frame can cause concussions and traumatic brain injuries with lasting effects.
  • Back and spinal cord injuries – The twisting motion of an unexpected fall can damage vertebrae, discs, and the spinal cord itself.
  • Soft tissue injuries – Sprains, strains, and torn ligaments might not show up on X-rays but can cause chronic pain and limited mobility.
  • Cuts and lacerations – Sharp edges on elevator doors and frames can cause deep cuts requiring stitches and leaving permanent scars.
  • Hip fractures – Older adults face a high risk of hip fractures in fall accidents, often requiring surgery and lengthy rehabilitation.

These injuries may require extensive medical treatment, physical therapy, and time away from work. Sometimes, they cause a permanent disability that affects every aspect of a person’s daily life.

Who Can Be Held Liable for a New York Elevator Leveling Accident?

Several parties could potentially face premises liability claims, including:

  • Property owners or managers – Building owners must maintain elevators in safe working condition and ensure they pass required inspections twice per year in New York City.
  • Elevator maintenance companies – Service technicians who fail to identify or repair leveling problems during routine maintenance may share liability, which often becomes apparent through the company’s maintenance records (or the lack of evidence showing they properly maintained the elevator).
  • Elevator manufacturers – If a design defect or manufacturing flaw caused the misleveling, the elevator manufacturer could be held responsible.
  • Elevator installers – Improper installation can cause leveling issues, putting passengers at risk.
  • Government entities – When elevator accidents occur in government-owned buildings, special rules and shorter deadlines may apply to injury claims.

An experienced personal injury attorney can investigate the accident, identify all at-fault parties, and start building a strong case for compensation.

What Compensation Might Be Available for an Elevator Misleveling Accident?

Victims of elevator accidents may seek maximum compensation for the full range of losses their severe injuries cause. Depending on the circumstances of your elevator accident claim, you could pursue:

  • Medical expenses – These damages cover medical bills from emergency room visits, hospital stays, surgical procedures, medications, physical therapy, and any future medical care your injuries will require.
  • Lost income – If devastating injuries force you to miss work, you can seek compensation for lost wages and reduced earning capacity.
  • Pain and suffering – Physical pain, emotional distress, and diminished quality of life all have monetary value in a personal injury claim.
  • Permanent disability or disfigurement – Injuries that cause lasting limitations or visible scarring warrant additional compensation.
  • Wrongful death damages – When an elevator accident proves fatal, surviving family members may file a wrongful death claim for funeral expenses, lost financial support, and loss of companionship.

Insurance companies often try to minimize what they pay accident victims. Working with a personal injury lawyer can help ensure you seek fair compensation for all your losses.

Does New York Set a Time Limit for Filing an Elevator Accident Lawsuit?

In most cases, New York law gives you three years from the date of your elevator injury to file a claim against private property owners and other responsible parties.

However, if a government entity owns the building where your accident occurred, you may have as little as 90 days to file a notice of claim. Missing this deadline could prevent you from recovering any compensation at all.

The statute of limitations makes it essential to contact an attorney as soon as possible after an elevator accident. Early action gives your legal team time to gather evidence, interview witnesses, and build the strongest possible case.

Contact a New York City Elevator Accident Lawyer

The NY elevator misleveling injury lawyers at David Resnick & Associates, P.C., have spent more than 25 years fighting for accident victims throughout New York. Our firm’s approach centers on trust and communication.

Attorney David Resnick handles client questions directly and often visits clients at home to ensure they receive the personal attention their cases deserve.

Past clients describe the difference this hands-on approach makes during a difficult time. When you work with us in your elevator accident case, you will have a dedicated legal team on your side, fighting for you every step of the way.

If an elevator misleveling accident left you with injuries, do not wait to get legal help. Contact David Resnick & Associates today for a free consultation and learn how an experienced New York elevator accident lawyer can help you pursue the compensation you deserve.