Some New York City property owners might assume that having a maintenance contract for an elevator will shift the blame for any accidents, but that’s not always true. Liability for elevator accidents can fall upon the building owner, the maintenance company, or both, depending on who knew about safety issues and failed to correct them.
KEY TAKEAWAYS
- Heavy equipment accident claims can involve multiple liable parties, including equipment operators, employers, contractors, property owners, manufacturers, and maintenance companies.
- Victims may recover compensation for medical expenses, lost wages, pain and suffering, permanent disabilities, and other damages, but proving liability requires strong evidence.
- New York generally allows three years to file a personal injury lawsuit, and an attorney can preserve key evidence, identify all responsible parties, and pursue the maximum available compensation.
The Building Owner’s Non-Delegable Duty Under New York Law
Regardless of whether they’re personally involved in servicing their elevators, property owners ultimately bear responsibility for keeping them safe for tenants, visitors, and workers. New York premises liability law places what’s called a “non-delegable” duty upon building owners, meaning they retain liability for the safety of their properties even if they contract out the service and maintenance work.
The Notice Element: Actual vs. Constructive Knowledge
Building owners are liable for elevator accidents if they knew about safety issues and failed to take reasonable actions to correct them. Actual notice, such as direct complaints from tenants about unsafe conditions, is straightforward evidence of liability.
If a problem existed long enough that a reasonable property owner should have uncovered and addressed it, the landlord can be held liable for negligence regardless of whether they were actively informed of the issue.
When Is the Elevator Maintenance Company At Fault?
When a company signs an elevator service contract, it becomes responsible for inspections, repairs, and maintenance. If the maintenance company shirks its duties, it can be held responsible for safety problems that result or persist. Skipping routine inspections, signing off on shoddy repairs, ignoring service calls, or failing to identify serious issues can lead to liability in the event of an elevator accident.
Joint Liability: When Both Landlords and Maintenance Companies Share Blame
In many elevator accident cases, both the building owner and maintenance company share some responsibility for the victim’s injuries. When a landlord fails to act on resident complaints, and a contractor fails to conduct regular inspections or maintenance that would have addressed the problem, they both can be named in the same injury claim.
Who Else Can Be Held Responsible for an Elevator Malfunction?
Liability for an elevator accident can extend beyond a building owner and maintenance company. The elevator manufacturer, if it designed or supplied defective parts, can share significant blame for a mechanical failure. A property management company can also be held liable if it was negligent in hiring or supervising those responsible for maintaining the elevator.
It’s also possible for the victim of an elevator accident to share liability in some capacity. Under New York’s pure comparative negligence law, being partially responsible for an accident can reduce your available compensation, but won’t prevent you from pursuing it.
Critical Evidence Needed to Prove Fault in an NYC Elevator Lawsuit
Establishing that a landlord or maintenance company was negligent in an elevator accident can take a variety of evidence. Types of documentation that can help your case include:
- Service contracts
- Maintenance records and repair history
- Inspection reports by the NYC Department of Buildings
- Footage from surveillance cameras
- Complaint documentation
Some of these types of evidence can fade quickly or become much harder to find over time. Taking immediate action to gather and preserve evidence will give you the best chance of proving your case.
Why You Need an Experienced NYC Elevator Accident Lawyer
Pursuing an elevator accident claim without legal help can be an uphill battle. The owner and the maintenance company are responsible for some of the records that are also vital to proving their liability. Different parties may blame each other for the accident, making it highly difficult to pin down who is primarily responsible and how much each owes you.
At Chopra & Nocerino, we know how to cut through the BS and get results. Our team has over 50 years of combined experience fighting and winning for injured New Yorkers like you, securing hundreds of millions in compensation. Our trusted New York premises liability attorneys will pull maintenance records and other key evidence, identify every liable party, and work hard to get you every cent that you’re owed.
Injured in an Elevator Accident? Contact Chopra & Nocerino Today
We understand how traumatizing an elevator accident can be, and we want to help you get justice for what you’ve experienced. For passionate, fearless legal advocacy, call (855) NYC-HURT or contact us online today to schedule a free consultation with our team.
