Elevators and escalators are a part of daily life in New York’s commercial buildings, from office towers to shopping centers. Most of the time, they operate without issue. But when they fail, the results can be devastating. Victims may suffer serious injuries ranging from broken bones to head trauma, often requiring lengthy recovery. When this happens, pursuing a legal claim is often the only way to cover medical bills, lost income, and other damages.
Common Elevator and Escalator Hazards
Although designed to transport people safely, elevators and escalators can pose risks if not properly maintained. One common hazard is misleveling, when an elevator does not line up with the floor, creating a tripping danger. Sudden drops or abrupt stops can throw passengers off balance, leading to injuries. Door malfunctions, such as closing too quickly or failing to detect someone entering, are another frequent source of harm.
Escalators carry their own dangers. Loose clothing, shoelaces, or even children’s fingers can become trapped in moving parts. Mechanical failures can cause sudden stops or reversals, sometimes leading to pileups that injure multiple riders at once.
Who May Be Liable
When someone is hurt in an elevator or escalator accident, several parties may bear responsibility. The property owner has a duty to ensure that the premises, including elevators and escalators, are reasonably safe for visitors. Many owners hire outside maintenance companies to inspect and service equipment, and those companies may also be held liable if they fail to perform their duties properly.
In some cases, the manufacturer or designer of the elevator or escalator may share responsibility. If a defect in the product itself contributed to the accident, product liability law may apply. Identifying the right defendants is crucial to building a strong claim.
Evidence That Strengthens Your Claim
To succeed in an elevator or escalator injury lawsuit in New York, evidence is key. Surveillance footage from the building often provides valuable insight into what occurred. Maintenance records can reveal whether inspections were performed as required, and if problems were ignored. Incident reports or complaints about malfunctioning equipment may also demonstrate that the owner or maintenance company knew of hazards but failed to address them.
Medical records linking the injury to the accident are equally important. Together, this documentation can create a clear picture of negligence and its consequences.
Filing Deadlines and Claim Process
Like all personal injury claims in New York, lawsuits for elevator and escalator injuries must be filed within a limited time. Generally, the statute of limitations is three years from the date of the accident. However, if the incident occurs in a government-owned building, stricter deadlines and notice requirements may apply. Acting quickly not only preserves your right to sue but also ensures that vital evidence, such as video footage or maintenance logs, is not lost.
FAQ
Is the building owner always responsible?
Not always. While property owners often share liability, maintenance companies and manufacturers may also be accountable depending on the circumstances.
Can I sue if the elevator malfunctioned but I wasn’t hurt immediately?
Yes. Even if injuries appear later, as long as they can be linked to the malfunction, you may still have a valid claim.
How are escalator accidents different from elevator ones legally?
Both fall under premises liability law, but escalator cases often involve product liability claims if design flaws or defects are involved.
Final Thoughts
Elevator and escalator accidents in New York commercial buildings can change lives in an instant. Proving liability requires strong evidence and an understanding of the state’s premises liability laws. At Gash & Associates, P.C., we help victims secure justice and the compensation they deserve. If you or a loved one has been injured, call us today at (914) 328-8800 to discuss your case and explore your legal options.
