Category: Blog

When you go to a store to shop, you expect to be in a safe environment. However, accidents can happen. You might slip on a spill on the floor. An item on a top-shelf might fall on you. The mat by the entrance was askew and you tripped. When examples like these result in an injury, the store has a level of liability. As the injured party, it is important for you to know what your rights are so you can exercise your rights and pursue compensation for damages.

According to the Occupational Safety and Health Administration, 90 percent of customer injuries in a store were caused by some kind of negligence. In these situations, the store is responsible to cover the cost of damages. However, documenting and proving that the store was at fault can take a lot of time and effort. If you sustained serious injuries that required medical attention and ongoing treatment, the claim can get quite complex. You would not be able to tackle this on your own while you are recovering. This would be a situation when you should enlist help from an experienced personal injury attorney.

Retail stores have a duty to keep their premises reasonably safe for anyone who walks into the store. The store is obligated to do everything that it is reasonable to do to prevent anyone from getting hurt while they are in the store. That means if an unsafe condition was caused/created and the store did not take any action to remove the hazard within a reasonable time period, the store will be considered negligent in their duty to keep their premises safe. They can be held liable for injuries created by this hazard.

Unsafe situations can be created in a number of ways. Merchandise on overhead shelves can fall over and hit someone on the head. Shelving might have sharp edges that resulted in cuts to the customer. Spills on the floor that have been unattended can cause someone to slip and fall. Floor Mats that are not positioned properly can cause a customer to trip. A poorly lit parking lot (which is also considered store property) can result in a shopper not seeing hazards that could have been avoided if the lot had adequate lighting. The entrance door can malfunction and cause injuries. Shopping carts can be defective. Aisles can be obstructed by boxes of products that were intended to restock the shelves but were not done in a timely manner. Food products might be spoiled or contaminated. There can be other situations. If any of these conditions caused an injury to a customer, the store can be found negligent in failing to take reasonable care to ensure the safety of their customers..

If you are injured in a store, the immediate action to take is to tend to your own safety. If you are in a lot of pain, call 911. Ask a nearby shopper to inform store personnel right away so that they can secure the area of the store where you were injured. The store manager should get involved with filling out a store incident report to document exactly what happened that led to your injury. This will be a significant piece of information when you file your claim.

If possible, get the contact information of any nearby shoppers who can serve as your witnesses. Take photos of the store area and where you were injured. Do this before the store cleans up their spills or reshelves merchandise that fell over. You want to document the unsafe condition that the store was in as further evidence of their negligence. Obtain a copy of the incident report filled out by the store’s employees.

Even if you did not feel like you were injured seriously at the moment of the incident, the incident report, witness information, and photo documentation should be done right away. For slip and fall injuries, sometimes pain doesn’t surface until later in the day when your muscles, bones, and joints start to react. In that case, seek medical attention right away so your injury will not get worse and to document the visit. If you need multiple visits, you will need a copy of all the medical reports, medical bills and receipts, and proof of your loss of wages if you were not able to go to work.

If your injuries turned out more serious than you originally thought, you should consult an attorney to help you file a claim for your case. He will represent you and make sure that you will be compensated fairly. You will have peace of mind that your case is in good hands while you focus on your recovery.

Elevators have become a significant part of a New Yorker’s day-to-day life, more than we realize. Apartment complexes, shopping malls, and most businesses use elevators to move people from one floor to another.

Similarly, elevator accidents have become more frequent. A service appointment skipped or equipment failure can lead to disastrous, and often deadly injuries. Victims are often left with tremendous physical pain and burdened by costly medical expenses. Therefore, elevator accidents are not to be taken lightly.

If you’ve been a victim of an elevator accident, then you may be entitled to a settlement for your injuries. Our article will guide you through the most common injuries and your best legal alternatives.

And if you have any questions after reading our article, don’t hesitate to get in touch with our experienced personal injury lawyers at Daniella Levi & Associates.

Common Injuries

Despite being relatively safe, elevators pose many risks as well. Power failures, skipped service appointments, damaged cables, sudden stops, and other faulty functions can all contribute to or cause elevator accidents.

The most common injuries resulting from elevator accidents include:

• Broken bones and severed or crushed limbs from elevator doors unexpectedly closing.
• Head or limb injuries due to sudden or unexpected elevator movements.
• Head, neck, or back injuries due to sudden jolts or stops.
• Bruises, cuts, or fractured bones due to slip and fall accidents while entering or exiting the elevator.
• Spinal injuries or paralysis, resulting from accidents in overcrowded elevators.
• Burn injuries or death from faulty electrical circuits.

Due to so many devastating possibilities, building owners are required to maintain their elevators in safe working conditions. This involves compliance with the relevant regulation, as well as regular maintenance work and inspections.

Yet, the property owner isn’t the only faulty party when it comes to elevator accidents. The property management company, elevator maintenance company, elevator manufacturer, or a combination of all of these parties may be at fault.

What to Do After Suffering an Elevator Accident

After getting immediate medical attention, contacting a personal injury attorney who is experienced in dealing with accidents involving elevators. is your first priority. With so many parties involved, you’ll need an attorney’s knowledge to determine who is liable for your injury.

As complex as elevator injury cases are, they’re mostly caused by the negligence of one all of the  parties involved. Yet, to hold a party accountable for negligence, you have to prove that they owed you a certain duty of care – e.g. maintaining the elevator in safe working condition.

If the property owner, manager, or other parties breached the duty of care owed to you, then they’re directly responsible for your accident and resulting injuries.

Once liability is established, you might be able to secure a settlement for your damages. These include your pain and suffering, disability, lost wages, medical expenses, and any other losses related to your elevator injury.

Your compensation will generally come from a settlement agreement paid to you by the at fault party or awarded by the jury after your trial. The amount depends on the extent of your injuries and the circumstances that caused your accident in the first place.

Contact a Dedicated Premises Liability Attorney

If you’ve suffered injuries due to an elevator accident, then you may be entitled to seek compensation. But, you’ll need an experienced lawyer, to secure the rightful settlement for the pain suffered by you and your family.

At Daniella Levi & Associates we understand how painful an elevator injury is, as well as the level of stress that comes with the associated proceedings.

Our team of top-rated premises liability attorneys is equipped with the knowledge and expertise required to obtain fair compensation for your injuries.

Call us today and book a free consultation with our top-rated premises liability attorneys. And remember, that the consultation is free, but our advice is priceless.

Despite being used since the 3rd century BC, elevators come with their associated risks. And while they are relatively safe, malfunctions do happen. But, even the smallest malfunction can have disastrous consequences, especially when it comes to large groups of people.

One person getting in a second too late, or the elevator door closing too soon can result in an elevator accident with severe injuries. From broken bones to bruises and head injuries, we’ve seen it all.

If you’ve recently suffered an elevator accident yourself, then you must be in great physical pain. You must also be wondering whether you deserve compensation for your suffering.

The good news is that you most likely have a valid claim. Depending on who is responsible for your accident, most elevator accident claims are built on negligence, premises liability, or product liability.

Yet, as so many parties are involved in an elevator accident, identifying the responsible one can be difficult. This is usually where people run into trouble.

If you’re in the same unfortunate situation then keep reading. We’ll cover all there is to know about elevator malfunction lawsuits and what you need to do for a rightful settlement.

Common Causes of Elevator Accidents

Let’s take a look at some of the most common causes behind elevator accidents first:

• Unbalanced leveling.
• Broken mechanisms cause speeding.
• Defective doors.
• Improper or damaged wiring.

These are the most common catalysts behind approximately 17,000 yearly injuries and 30 deaths caused by elevators in the US.

Despite the staggering amount of injuries, elevators are relatively safe pieces of equipment. The problems start arising when the elevators aren’t regularly inspected and properly maintained. If this is the reason behind your elevator malfunction accident, then you have a valid negligence claim.

But determining who is responsible among so many parties is difficult. So let’s take a look at who can be held reliable.

Liability

The possible defendants in an elevator malfunction lawsuit may include:

• Property owner.
• Building maintenance company.
• Elevator maintenance company.
• Elevator engineer or architect.
• Elevator manufacturer or seller.

As you can see, numerous parties are involved in either designing, operating, or maintaining an elevator. This makes it difficult to identify and sue the negligent party in most cases.

Even if you were partially responsible for your accident, you may still be entitled to claim damages from the defendants. Your claim will be valid as long as you can demonstrate negligence, which constitutes the basis for most personal injury claims in NYC.

To demonstrate the responsible party’s negligence, you have to prove:

• The defendant(s) owed the plaintiff a duty of care.
• The defendant(s) breached the duty of care through negligent actions or inactions.
• The defendant’s negligence was a significant factor in causing the injury.

What to Do After an Elevator Accident?

Determining liability and winning your claim is challenging regardless of your elevator accident’s circumstances. You can increase your odds by taking as many photos as possible if your condition allows. A written statement from a witness can also tip the scales in your favor.

Once you’ve secured photographic evidence and received medical attention, get an experienced attorney as soon as possible. An attorney will help investigate the cause of your accident, determine liability and help you with all the stressful legal proceedings.

Call our experienced team of premises liability attorneys at Daniella Levi & Associates and book your free consultation. We’ll help you get the compensation you deserve for the pain caused to you and your family.