Mis-level Elevator Accidents

In this day and age a well maintained elevator should not malfunction. Yet everyday elevators malfunction from improper maintenance or mis-use. One of the most common causes of elevator related injuries is a mis-level elevator. When the elevator door opens and the floor of the elevator, and the floor of the hallway or lobby, are not aligned, there is a mis-level. A mis-leveled elevator is particularly dangerous because the condition is unexpected and not at eye level. When the elevator floor is higher than the floor outside the elevator, the condition will cause a pedestrian exiting the elevator to mis-step and fall. A person entering the elevator when it is higher than the hallway will be caused to trip and fall into the elevator. The reverse is true for a when the elevator door opens with the floor of the elevator below the hallway or lobby floor. In this situation the person exiting the elevator is likely to trip, and the person entering the elevator is likely to miss the step and fall. Because the fall to the ground is so unexpected it can often result in serious injuries. The causes for an elevator to mis-level vary with the age and type of the elevator. Older elevators, such as the type usually found in New York City apartment building built from 1930 through 1960 are usually AC brake controlled. Elevators which were built after 1960 may use DC variable voltage and dynamic braking to bring the car to a stop. The other type of elevator system is Hydraulic. It is important to show that those responsible for maintaining the elevator had notice of the problem. Notice can be proven by work service tickets, prior complaints, a history of mis-leveling, the issuance of violations, correspondence, or a history of prior accidents. However, even if there is no notice of the condition, a case may be proven under the theory of Res Ipsa Loquitor, which is Latin for "The thing speaks for itself". Under this theory, a jury may find that the defendants must be negligent because the mis-leveling would not occur absence negligence in the maintenance and/or repair of the elevator. If you are injured due to a mis-level elevator it is important to consult with an attorney to learn about your rights. Zalman Schnurman & Miner is a personal injury law firm that handles elevator accident cases. We work with elevator experts who will inspect the elevators and review the maintenance and repair records for the elevator to determine the cause of the dangerous conditions and determine who is responsible for the incident. The New York Personal Injury Lawyers of Zalman Schnurman & Miner can be reached at 1-800-LAWLINE (1-800-529-5463). Consultations are always free. All cases are handled on a contingency fee basis, so that there are no attorney fees unless there is a recovery. For more information about Zalman Schnurman & Miner click website. To contact us by e-mail click contact. A lawyer should be consulted if you have legal questions. The information provided here is for informational purposes only.

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