According to some estimates, New York City is home to more elevators than any other city in the United States, with the New York City Department of Buildings (DOB) reporting more than 84,000 elevator devices under its jurisdiction. As a result, there is a higher possibility of elevator accidents in New York City. Many elevator accident victims are injured during everyday activities — for example, when they are commuting to the office or leaving their apartment for the day.
If you or a loved one has been involved an elevator accident, below are immediate steps you can take to protect your health and your legal rights.
In This Article:
- Crucial First Steps After an Elevator Injury
- Elevator Accidents on Construction Sites: What You Should Know
- How Much Time Do I Have to File a Lawsuit?
- How Block O’Toole & Murphy Resolved an Elevator Case Against a Government Entity
Crucial First Steps After an Elevator Injury
It can be hard to know how to react after an elevator accident injury. Here are some steps you should take immediately.
- If you feel pain, seek medical treatment as soon as possible. Tell your doctor or practitioner about the accident and be clear about any pain or other symptoms you may be experiencing. This will ensure that your injuries are documented, and you receive the treatment you need.
- Report your accident as quickly as possible, preferably to someone with authority in the building where it occurred. Tell a building superintendent or doorman, or your superior or supervisor if the injury occurred at work. Find out whether the elevator has a security camera installed, and ask to preserve any footage of the incident that may have been recorded.
- It is important to hire an experienced elevator accident attorney as quickly as possible. In the event of an elevator accident, insurance companies associated with the building owner will often begin investigating immediately. By promptly hiring an attorney, you will ensure that your legal rights are protected and that your own accident investigation begins without delay.
Elevator Accidents on Construction Sites: What You Should Know
If your elevator accident occurred while you were working on a construction site or performing repairs, your attorney will likely take additional steps.
- An experienced attorney will make sure that you receive workers’ compensation, helping you to set up the claim if necessary. It’s important to understand that receiving workers’ compensation from your employer will not prevent you from pursuing a third-party lawsuit — that is, a lawsuit against a party other than your employer who may be responsible for your accident. The site owner, the general contractor, and other construction companies working on the same site are all third parties who could potentially be liable in your elevator accident. Such liability can be complicated, and it may involve more than one responsible party, so it’s advisable to speak to an experienced attorney as quickly as possible.
- When a serious construction site accident happens, OSHA will carry out its own investigation independent of the one your lawyer is doing. The findings from OSHA’s investigation are public under the Freedom of Information Act (FOIA) and can be an important source of evidence in your case. If your elevator accident prompts an OSHA investigation, your attorney will likely request the resulting records by filing a FOIA request.
- The typical elevator accident case relies on expert witnesses — experts in elevator construction, safety, and maintenance who can offer insight into how an elevator functions. If your accident occurred while you were doing construction or repair work on an elevator, a good attorney will encourage a detailed conversation between you and the expert. It’s likely that you will be able to provide important context as to what type of work was being done and what factors led to your accident.
How Much Time Do I Have to File a Lawsuit After an Elevator Accident?
In New York State, you’ll generally have three years from the date of your elevator accident to file a lawsuit. However, it’s important to identify potentially responsible parties early, as this information could affect the timeline of your case.
If your accident occurred on a property owned by the City or State of New York, you will have 90 days from the date of your accident to file a Notice of Claim. Additionally, you’ll have a year and 90 days from the date of your accident to file a lawsuit.
Hiring a skilled attorney early will help to ensure that your Notice of Claim is filed on time and, just as importantly, filed precisely. For example, you must describe the damages claim you are making with total accuracy. Any claim perceived as “deficient” can be dismissed by the entity you are trying to sue.
How Block O’Toole & Murphy Resolved an Elevator Case Against a Government Entity
In one of our most devastating municipal cases, Block O’Toole & Murphy successfully held the City of New York, along with several other entities, responsible for a wrongful death in an elevator accident at the Brooklyn Navy Yard.
The body of our deceased client, a 25-year-old bus driver who had been working late on the site, was found at the bottom of an elevator shaft following a power outage. Unaware that the elevator had stopped between floors, he forced the doors open and, attempting to leave the elevator car, fell down the shaft.
A thorough investigation by our attorneys and the experts they hired revealed the outage had been caused by a contracting company which had been testing generators at a power plant on the site. The elevator itself also lacked several important safety features: a communication device which would have enabled our client to call for help contained dead batteries, while a “restrictor” which would have prevented our client from forcing the door open had malfunctioned.
The defendants, including the City of New York, the Brooklyn Navy Yard, the contracting company performing the testing, and the company responsible for maintaining the elevator, all claimed that our client acted unpredictably and was solely responsible for his own death. However, our attorneys argued that he had been let down by many people who owed him a duty of care. We prepared for trial by hiring expert witnesses, including electrical engineers, forensic pathologists, elevator mechanics, and economic experts who could testify about the costs of the accident to our client’s wife and two young children. The case resolved before trial for $7,200,000, with multiple defendants contributing to the result.
The attorneys at Block O’Toole & Murphy have a strong track record of elevator accident results. We serve all five boroughs of New York City as well as the entirety of New York State. Contact Block O’Toole & Murphy by calling 212-736-5300, or by filling out our online contact form.