Elevator Accident Lawyers in Westchester County, NY

Elevator Accident Statistics in Westchester County?

While Westchester County has thousands of elevators in its residential buildings, office complexes, and public facilities, the true scope of elevator accidents often goes underreported. According to the U.S. Bureau of Labor Statistics and Consumer Product Safety Commission, approximately 17,000 people are seriously injured in elevator accidents nationwide each year, with about 30 people suffering fatal injuries.

Industry data suggests that only one in every 100,000 elevator rides results in an incident, and well-maintained elevators typically experience just 0.5-2 breakdowns annually. However, in Westchester County's aging infrastructure, where many buildings date back several decades, the risk can be higher when proper maintenance protocols aren't followed. As detailed in a 2018 elevator inspection audit in the city of New Rochelle, NY, a significant number of buildings did not submit 6-month or annual inspection reports and 91% of those owners were not sent violation notices. The lack of elevator inspections in Westchester County can have serious implications.

How Our Elevator Accident Attorneys Will Approach Your Case

At Tomkiel & Tomkiel, we've developed a comprehensive approach to elevator accident cases that leaves no stone unturned.

• Our process begins with an immediate and thorough investigation of the accident scene, where we document every detail of the elevator's condition, from mechanical components to safety features.
• Our legal team dives deep into the elevator's history, examining maintenance records, inspection reports, and previous incident reports. We look for patterns of negligence, violations of safety codes, and any history of malfunctions that should have been addressed.
• We work closely with expert engineers who can testify about technical violations and industry standards. These professionals help us understand exactly what went wrong and who should be held accountable.
• Throughout your case, we handle all communications with insurance companies, building management, government agencies, and other parties involved. This protects you from potentially damaging statements while vigorously defending your rights.
• If negotiations don't result in a fair settlement, we're fully prepared to take your case to trial. Our elevator accident attorneys have extensive courtroom experience and a proven track record of successful verdicts in such cases.

Remember, every step we take is designed to build the strongest possible case for you. Our meticulous approach has helped countless elevator accident victims secure the compensation they deserve.

Types of Elevator Accidents We Handle

Our law firm has extensive experience with various elevator accident cases in Westchester County:

Sudden Stops and Drops

Sudden stops and drops are among the most traumatic elevator accidents. When brake systems fail or cables malfunction, passengers can be violently thrown against walls or floors, resulting in serious injuries. These incidents often stem from poor maintenance or faulty emergency brake systems that should have been identified during routine inspections.

Misleveling Incidents

Misleveling incidents occur when elevators stop above or below floor level, creating dangerous tripping hazards. Even a slight misalignment of a few inches can cause devastating injuries, particularly for elderly residents or those with mobility challenges. These accidents frequently result from worn components or misaligned sensors that building management failed to address.

Door Malfunction Injuries

When safety sensors fail or closing mechanisms malfunction, doors can close with excessive force or fail to reopen when obstructed. These incidents can cause crushing injuries, entrapment, and severe psychological trauma. Children and elderly passengers are particularly vulnerable to these accidents.

Shaft Falls

Shaft falls, while rare, are often catastrophic or fatal. These accidents typically occur when elevator doors open without the car present or during maintenance work. Poor safety protocols, faulty door interlocks, or inadequate warning systems usually contribute to these tragic incidents.

Maintenance-Related Accidents

Maintenance-related accidents often affect both passengers and workers. These can include incidents during repair work, malfunctions due to improper maintenance, or accidents caused by failing to secure the elevator properly during servicing. We've successfully represented both passengers and maintenance workers in these complex cases.

Entrapment Cases

Entrapment cases involve passengers being trapped inside malfunctioning elevators. While not always resulting in physical injury, these incidents can cause severe psychological trauma, especially for those with claustrophobia or anxiety disorders. Extended entrapment can be particularly dangerous for passengers with medical conditions requiring timely attention.

Regardless of the type of elevator accident you've experienced, our skillful defective elevator accident lawyers in Westchester County have the knowledge, skills, and resources to handle your case effectively.

Understanding Elevator Accident Attorney Fees

We understand that the aftermath of an elevator accident brings enough financial stress without adding legal fees to your concerns. That's why Tomkiel & Tomkiel has adopted a client-friendly approach to legal fees that puts your interests first.

This means:

• You won't face any upfront costs or hourly billing. We invest our time and resources into your case, and we only receive payment when we successfully secure compensation for you.
• Our fee comes as a percentage of your final settlement or court award, ensuring our interests align perfectly with yours — we succeed only when you do.
• During your free initial consultation, we'll have an open and transparent discussion about our fee structure. We'll explain exactly how the contingency arrangement works, what percentage we charge, and how costs are handled.

We believe in complete transparency, so this approach allows you to focus on your recovery while we handle the legal complexities of your case.

In the Aftermath of an Elevator Accident, Don’t Fight Alone

Building owners and management companies should be held accountable for unsafe elevators. Take the first step toward compensation by getting your free case evaluation today.

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Common Injuries in Elevator Accidents

Elevator accidents can result in a wide range of serious injuries that often require extensive medical treatment and long-term rehabilitation. Our experience representing elevator accident victims has given us deep insight into the physical and emotional toll these injuries can take.

Brain Injuries

Brain injuries often occur when passengers are thrown against elevator walls or floors during sudden stops or drops. These can range from mild concussions to severe traumatic brain injuries (TBIs) that affect cognitive function, memory, and emotional regulation.

Spinal Injuries

Spinal injuries are particularly prevalent in elevator accidents. The force of sudden movements can cause herniated discs, fractured vertebrae, or severe spinal cord damage. These injuries may lead to chronic pain, limited mobility, or in severe cases, partial or complete paralysis.

Broken Bones

Sudden stops can violently throw passengers against elevator walls or floors, leading to complex fractures in arms, legs, hips, and ribs. Door malfunctions can crush limbs that may require surgical repair to heal properly. These injuries often require lengthy rehabilitation periods and can lead to chronic pain or permanent mobility issues.

Catastrophic Injuries

Falls down elevator shafts can cause multiple traumatic injuries, including severe internal organ damage, massive trauma to the spine, and injuries that may result in permanent paralysis or amputation. These catastrophic injuries often require multiple surgeries, extensive rehabilitation, and lifelong medical care.

Soft Tissue Injuries

Soft tissue injuries, while less visible than other injuries, can cause chronic pain and limited mobility. These include sprains, strains, and tears to muscles, ligaments, and tendons. What might seem like minor injuries initially can develop into long-term conditions that affect daily activities and work capacity.

Whether you're dealing with physical wounds, emotional trauma, or both, our Westchester elevator accident lawyers are here to ensure your injury claim addresses all aspects of your recovery journey, both immediate and long-term.

Steps to Take After an Elevator Accident

The actions you take immediately following an elevator accident can significantly impact your physical recovery and legal rights:

• Immediate medical attention should be your first priority, even if your injuries seem minor. Getting prompt medical care not only protects your health but also creates official documentation of your injuries, which is crucial for your legal claim.
• Notify building management or property owners immediately and ensure they create an official incident report. Request a copy of this report for your records, and make note of the names and contact information of any staff members involved in the response to your accident.
• If you're able, take photographs of the accident scene, including any visible malfunctions, warning signs (or lack thereof), and your injuries. Collect contact information from any witnesses, as their testimonies can provide valuable support for your claim.
• Avoid making any statements about fault or signing any documents from property owners, managers, or insurance companies without consulting an attorney first.
• Contacting our firm promptly allows us to begin investigating while the evidence is fresh and the witnesses' memories are clear. We can immediately take steps to preserve crucial evidence, such as security camera footage or maintenance records, that might otherwise be lost or destroyed.

While these steps may seem overwhelming in the aftermath of a serious injury, remember that you don't have to navigate this process alone. Our experienced elevator accident attorneys in Westchester County are ready to guide you through each step, ensuring your rights are protected from the moment you contact us.

Who Is at Fault in Elevator Accidents

Establishing liability in elevator accident cases often involves multiple responsible parties, each with distinct legal obligations. Our thorough investigation process helps identify all potentially liable parties to ensure maximum compensation for our clients.

• Building owners bear primary responsibility for maintaining safe elevator operations. Under New York law, they must ensure regular inspections, maintain proper certification, and address safety concerns promptly.
• Property management companies often handle day-to-day building operations, including elevator maintenance scheduling and response to malfunction reports. Their failure to properly oversee elevator safety or respond to complaints can constitute negligence, making them liable for accidents.
• Elevator maintenance contractors must follow strict industry standards and safety protocols when servicing elevators. Improper repairs, missed inspections, or failure to identify potential hazards can result in their liability for accidents.
• Manufacturers may be held liable through product liability claims if elevator accidents result from defective components or design flaws. This can include issues with doors, cables, control systems, or safety mechanisms that malfunction despite proper maintenance.
• Installation companies must ensure elevators are properly installed according to manufacturer specifications and building codes. Errors during installation can lead to long-term safety issues, making these companies potentially liable for accidents.
• Construction companies working on building renovations or elevator modernization projects may also bear responsibility if their work contributes to elevator malfunction or creates unsafe conditions.
• Government agencies can also be held responsible for certain types of elevator accidents and injuries. However, there is a strict 90-day time frame of giving notice to the government. That is why immediately contacting us after an elevator injury is so important.

Our law firm's thorough approach to investigating liability ensures that all responsible parties are held accountable. We leave no stone unturned in our investigation because we know that identifying all liable parties can significantly impact the compensation available to you.

Compensation Available in Elevator Accident Cases

Victims of elevator accidents may be entitled to substantial compensation for both immediate and long-term impacts of their injuries. Our seasoned elevator accident attorneys work diligently to secure comprehensive compensation that addresses all aspects of your damages.

• Medical expenses form the foundation of most elevator accident claims. This includes compensation for emergency treatment, hospitalization, surgery, rehabilitation, medication, and any necessary future medical care.
• Lost income compensation covers wages lost during recovery and any reduction in future earning capacity due to permanent disabilities. This includes salary, bonuses, benefits, and other forms of compensation you've lost or will lose due to your injuries.
• Pain and suffering damages acknowledge the physical pain and emotional distress caused by your accident. We help quantify these non-economic damages by documenting how your injuries have affected your daily life, relationships, and ability to enjoy activities you once loved.
• Loss of quality of life compensation addresses the broader impact of your injuries on your lifestyle and independence. This can include compensation for permanent disabilities, disfigurement, or the inability to participate in favorite activities or hobbies.
• Property damage compensation covers any personal belongings damaged in the accident, from electronic devices to medical equipment.
• In cases involving extreme negligence or willful disregard for safety, punitive damages may be available to punish particularly egregious conduct and deter similar behavior in the future.

At Tomkiel & Tomkiel, we fight tirelessly to ensure that every aspect of your damages is properly valued and pursued. Our comprehensive approach to calculating damages has helped countless clients secure the full compensation they need to rebuild their lives after an elevator accident.

Statute of Limitations for Elevator Accident Claims in Westchester County, NY

Understanding the legal time limits for filing an elevator accident lawsuit is crucial for protecting your rights to compensation. New York law establishes strict deadlines that vary depending on the nature of your claim and the parties involved.

• For personal injury claims arising from elevator accidents, you generally have three years from the date of the accident to file your lawsuit. This applies to most cases against private property owners, management companies, or maintenance contractors.
• Wrongful death claims following fatal elevator accidents must be filed within two years of the date of death.
• Claims against government entities, such as accidents in public buildings, face much shorter deadlines. You must file a Notice of Claim within 90 days of the accident, followed by a lawsuit within one year and 90 days.

The complexity of elevator accident cases makes early legal intervention crucial. Starting your case promptly allows us to preserve essential evidence and build the strongest possible claim for compensation.