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Jason R. Schultz P.C

Q:
Can you sue for getting stuck in an elevator?

A:

Yes, you can sue for getting stuck in an elevator — if you were injured.

Who can I sue for my injuries from being stuck in an elevator?

You can sue whoever is responsible for the malfunction that caused your injuries. This can include:

  • the owner of the building
  • the management company
  • the elevator maintenance or repair company
  • the elevator manufacturer

What injuries can result from being stuck in an elevator?

There are several injuries that can result from being stuck on an elevator. You could suffer injuries if:

  • The elevator doors jam, then close on part of your body
  • The doors eventually open when the elevator is not level with a floor of the building, you could fall when exiting the elevator
  • The elevator is stuck, then falls and plummets down to lower levels of the building
  • You fall when trying to climb out of the escape hatch
  • You have a stress-related medical episode, such a cardiac arrest

How do you prove your injuries or other damages were caused by being stuck in an elevator?

Proving injuries from being stuck in an elevator can be difficult. While you might be able to recover compensation for an emotional injury (e.g., development of claustrophobia, onset of panic attacks), it will be much easier to recover compensation if you suffered a physical injury (e.g., head injury from falling when the elevator plummeted, crushing injury from an arm or leg getting trapped in the doors).

As with any injury claim, you need to prove negligence and damages. To prove negligence, we will need to obtain the elevator’s maintenance records, look for any recalls of defective parts, and determine whether there were any recent complaints about the elevator.

You can prove your injuries with medical records, official reports, and witness testimony, including your own testimony. The official reports can be a police report or records from the fire department. Make sure all records include a statement of your injuries and that they were caused by the incident.

How can I prevent getting injured while stuck in an elevator?

Being stuck in an elevator can be scary, but you must remain calm to prevent an injury to you or any other occupants.

If you are stuck in an elevator, keep your arms and legs away from the doors at all times. Call for emergency help, either by using the call button in the elevator or using your cell phone to call 911.

Do not run and do not jump up and down. This can cause the elevator to plummet.

When the doors open, look carefully before stepping out. When elevators malfunction, they can go out of alignment, which means the doors will open when the elevator is not properly lined up with the floor. If you step out without looking, you could fall and be injured.

Do not try to climb out of the escape hatch unless directed to do so by emergency personnel.

Being stuck in an elevator can be stressful. Stay calm, and realize that it can take a long time for emergency personnel to be able to free you from a stuck elevator. Visit with fellow passengers, meditate, do breathing exercises, etc.

How can I get help?

If you have been injured from being stuck in an elevator, you should speak with an elevator injury lawyer. Our team at the Law Office of Jason R. Schultz, P.C. will help you with your elevator injury claim. Call us at 404-474-0804 today for your free consultation.

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