Can You Sue for Being Stuck in an Elevator?
I Was Stuck in an Elevator for Hours! Can I Sue the Business?
A stuck-in-an-elevator lawsuit is possible, and you can sue the elevator manufacturer, the maintenance company, or the building owner for negligence and emotional distress if you were stuck in an elevator. This type of litigation would be considered a personal injury and you may be able to receive compensation for any medical bills, lost income, or emotional stress.
In many elevator lawsuits
, the elevator manufacturer, the elevator maintenance company, or the building owner may all be sued for negligent infliction of emotional distress. To win such a claim, victims will have to show:
- Duty — The defendant owed some kind of duty, usually the duty to maintain, to the victim.
- Breach — The defendant failed to do his duty. Usually, this means the manufacturer created a dangerous and unsafe elevator, or the maintenance company failed to make necessary repairs.
- Causation — The elevator’s malfunction caused the victim’s injuries.
- Damages — The victim suffered harm, such as mental distress, and damages.
Usually, the question of damages is the hardest to prove. To get damages for emotional distress, courts often require the distress to be connected to or manifested as some kind of physical injury. So, unless you suffered an injury such as a broken bone when the elevator dropped abruptly, or an ulcer caused by stress and fear, you may not be able to win any compensation.
If the elevator incident resulted in the death of someone, that would typically be covered under a wrongful death claim, and several factors will need to be investigated. Was there someone responsible for the accident that could have been prevented? Was the duty or negligence the responsibility of the business, owner, or manufacturer? These are all different factors than just being stuck for several hours.
We don’t diminish the effect that being trapped in an elevator can have on someone, while some people will consider it a minor inconvenience, there are people who will no doubt suffer a level of stress and anxiety that was brought on by the event. If you can show that being stuck caused mental anguish that was not previously there prior to the time trapped then we may potentially have a case.
It’s important to have documentation of not only your mental state prior but how this had affected you since the time you were stuck. Has this affected your work? Your relationships? How has traveling and visiting businesses been different for you? Do you have anything to help support that you have been unable to effectively cope with the undue mental stress that was placed upon you as a result of the incident where you were stuck in an elevator for hours?
We welcome you to share your experience with us and are dedicated to helping you uncover who is ultimately responsible for the elevator event, how can it have been prevented, and how you can overcome the burden that was placed on you through the ordeal.
If you’re ever injured after being stuck in an elevator
, consult an experienced personal injury attorney like Daniella Levi & Associates P.C. for help.