Elevator Accident Attorney in New York

As an elevator accident law firm in New York, the Law Offices of Albert Goodwin is dedicated to helping victims of elevator and escalator accidents obtain the full and fair compensation they are entitled to for their injuries and losses.

We offer a free, no-obligation initial consultation to discuss the details of your elevator accident case. During this consultation, we will provide a thorough assessment of your legal options and the merits of your claim, and explain the legal process in clear, easy-to-understand terms, ensuring that you can make informed decisions about your case. We work on a contingency fee basis, meaning there are no legal fees unless and until a successful recovery is obtained on your behalf.

Elevator Accident Law Complications

Elevator accident law is complicated due to the detailed laws and codes that govern the installation, inspection, and maintenance of elevators. The American Society of Mechanical Engineers (ASME) A17.1 Safety Code for Elevators and Escalators provides comprehensive safety standards for elevator design, construction, operation, inspection, testing, maintenance, alteration, and repair, and is adopted by most states and local jurisdictions as part of their building codes. The Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities requires elevators to be accessible to individuals with disabilities and specifies minimum dimensions, control panel layout, and other features to ensure accessibility. Occupational Safety and Health Administration (OSHA) regulations set standards for worker safety during elevator installation, maintenance, and repair, and require employers to provide proper training, equipment, and safety measures for elevator workers.

New York has its own specialized local laws, such as the New York City Building Code, which incorporates ASME A17.1 and additional local requirements for elevator safety and maintenance, and requires regular inspections and filing of compliance reports with the Department of Buildings. Local Law 10 (LL10) mandates specific inspection and testing requirements for elevators in New York City and requires building owners to hire licensed elevator inspection companies to perform annual inspections. Local Law 33 (LL33) requires elevators in New York City to have emergency communication systems and specifies minimum requirements for the location, operation, and monitoring of these systems.

Elevator Company Responsibilities in Larger Buildings

Elevator companies have significant responsibilities in larger buildings to maintain and service elevators, ensuring safe conditions for passengers. This involves performing regular preventive maintenance, such as lubricating moving parts to reduce wear and tear, adjusting and calibrating components for proper operation, and replacing worn or damaged parts before they fail. Thorough inspections are also crucial, checking for any signs of deterioration or malfunction, testing safety features and emergency systems, and verifying compliance with all applicable codes and standards. Keeping detailed records of all maintenance and repair work performed, tracking the age and condition of critical components, and using these records to plan future maintenance and upgrades are essential practices.

Building Owner Responsibilities Without On-Site Elevator Company

Building owners have significant responsibilities to ensure the safety of their elevators, even without an on-site elevator company:

• Utilize properly trained professionals for maintenance, repair, and inspection work
• Ensure elevator maintenance and repair are performed by licensed and certified technicians who have completed extensive training programs and passed rigorous exams
• Verify the qualifications and licenses of any elevator service providers they hire
• Ensure inspections are conducted by qualified elevator inspectors who are licensed by the state or local jurisdiction and have in-depth knowledge of elevator safety codes, standards, and inspection procedures
• Ensure inspections are performed by properly licensed inspectors at the required intervals
• Seek expert guidance from elevator consultants and engineering firms to develop comprehensive maintenance and safety programs, provide independent assessments of elevator conditions, recommend necessary repairs or upgrades, and offer training and support to help building staff recognize and respond to potential elevator issues
• Inspect, maintain, and service elevators regularly
• Conduct periodic inspections to visually examine all accessible components for signs of wear, damage, or malfunction
• Test safety features such as emergency brakes, door sensors, and alarm systems
• Verify that elevators are operating smoothly and efficiently without unusual noises or vibrations
• Perform routine maintenance tasks, such as lubricating moving parts, adjusting and calibrating components, and replacing consumable items as needed
• Address any identified issues promptly, prioritizing repairs based on the severity and potential safety impact of each issue
• Schedule maintenance or repair work to minimize disruption to building occupants
• Communicate any service interruptions or delays to tenants and visitors in a timely manner

Failure to properly maintain and service elevators often leads to accidents. Malfunctioning door mechanisms, such as doors that fail to open or close properly, misaligned or damaged door tracks, and faulty door sensors, can cause entrapments, injuries, tripping hazards, or crushing and shearing accidents. Inadequate maintenance of critical components, such as worn or frayed cables that can snap, malfunctioning brakes that may fail to stop the car at the designated level, and improperly adjusted or maintained controllers, can lead to elevator car freefalls, sudden stops, starts, or speed changes, and trip and fall accidents. Failure to address known safety issues, such as ignoring or delaying repairs to identified problems, failing to comply with safety directives or recalls, and not implementing recommended safety upgrades or modernization measures, can allow problems to worsen over time and increase the risk of accidents.

Documents Needed for a Case

Here are some important documents needed for a case:

• Security video footage from cameras inside the elevator car, in the lobby or hallways, and exterior cameras
• Maintenance contracts, including agreements between the building owner and elevator service company, subcontracts with third-party providers, and any amendments or renewals
• Work, testing, and inspection records, such as service reports, work orders, testing and certification records, inspection checklists, and deficiency reports
• Correspondence between the owner and elevator company, including emails, letters, meeting minutes, memos, invoices, and payment records
• Repair recommendations and proposals, including assessment reports, cost estimates, scope of work, project plans, permits, and approvals

Construction Site Elevator Accidents

Construction site elevator accidents often occur with workers using manually-operated hoists. Inadequate training and supervision can also contribute to accidents, as workers may not receive proper instruction on the safe operation of hoists, and a lack of oversight can lead to overloading, improper use, or unauthorized modifications. Miscommunication between workers can result in accidents during loading or unloading. Furthermore, temporary hoists may not be subject to the same inspection requirements as permanent elevators, and contractors may neglect to perform routine maintenance tasks, such as lubrication and adjustments. Wear and tear from constant use can cause components to fail without warning.

Special New York laws protect workers in these situations. New York Labor Law Section 240 (Scaffold Law) imposes strict liability on property owners and general contractors for elevation-related accidents, covering falls from heights and injuries caused by falling objects. It applies to workers engaged in construction, demolition, or repair work. New York Labor Law Section 241 requires owners and contractors to provide reasonable and adequate protection for worker safety, mandates compliance with specific safety rules and regulations set by the NY Industrial Code, and allows injured workers to seek compensation for violations of these safety standards. New York Labor Law Section 200 codifies the general duty of owners and contractors to provide a safe work environment, applies when owners or contractors have supervisory control over the work being performed, and holds them liable for accidents caused by dangerous conditions they knew or should have known about.

Owners and contractors may be responsible for construction site elevator accidents due to their failure to provide proper safety equipment, such as not supplying workers with hard hats, safety harnesses, or other necessary protective gear, providing defective or inadequate equipment that fails to prevent accidents, and not ensuring that workers are properly trained in the use of safety equipment. Negligent hiring or supervision of subcontractors can also lead to accidents, including failing to vet the qualifications and safety records of subcontractors before hiring them, not monitoring subcontractors' work practices or compliance with safety regulations, and ignoring reports of unsafe conditions or practices by subcontractors. Rushing work or cutting corners to meet deadlines can increase the risk of accidents, as pressuring workers to work faster or longer hours can lead to fatigue and mistakes, skipping required safety inspections or maintenance tasks to save time and money, and prioritizing speed over safety.

Discussing the case with a New York elevator accident attorney like us is an essential step in seeking full financial recovery. We offer a free, no-obligation consultation, providing a safe, comfortable environment for clients to share their experiences and concerns. We work on a contingency fee basis, meaning there are no upfront legal fees, and we only collect a fee if we successfully recover compensation on your behalf. You can call us at 212-233-1233 or send us an email at [email protected]. We represent elevator accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.