A Quick Look at Elevator Accidents
Twenty years ago, one of the worst elevator accidents in American history occurred in Houston, when a medical resident was decapitated in an elevator mishap.
In 2003, as a 35-year-old surgical resident stepped into a second-floor elevator at Christus St. Joseph Hospital, the doors suddenly closed, pinning his shoulders. His head was severed when the elevator car moved upward. A hospital employee witnessed the accident and spent about twenty minutes trapped inside the elevator before firefighters rescued her. She was treated for shock in the hospital’s emergency room.
Elevators and escalators kill or seriously injure more than 17,000 people each year in the United States, according to data from the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.
Duty of Care
This legal principle in California law is based on the moral principle in the story of the Good Samaritan. This man went out of his way to help an injured traveler. In the same way, property owners in the Golden State must go out of their way to ensure that people who get on an elevator are safe and secure.
California has a rather unique premises liability law structure. All property owners have a duty of care. The extent of that duty largely depends on several factors, such as:
- Type of property,
- Likelihood of someone coming onto the property,
- Owner’s knowledge of injury hazards,
- Probability of serious injury, and
- Cost of protecting against injury.
San Diego County owners breach their duty of care when they don’t properly maintain elevators, inside and outside.
Inside elevator maintenance usually means clean floors and buttons. Floors must be cleaned regularly to ensure there’s no debris, spills, or other fall hazards on the floors. Buttons must be cleaned regularly to prevent the spread of COVID and other infectious diseases.
Outside maintenance means cables, doors, and all other parts must be in good, working order. A valid inspection sticker and license isn’t enough. Most elevators are only inspected once every year or two. A lot of things can go wrong in twelve or twenty-four months.
Knowledge is usually a key point in premises liability matters. Usually, a Carlsbad elevator accident lawyer can use direct or circumstantial evidence to establish knowledge.
Direct evidence includes “smoking guns” like prior injuries, prior reports of injury hazards, and safety inspection reports. Courts typically use the time-notice rule to evaluate circumstantial evidence. The longer the hazard existed, the more likely it is that the owner should have known about it and should have done something about it.
Incidentally, a “Caution Wet Floor” sign or other such warning sign is usually insufficient. Generally, warning signs buy time for owners to address issues, but they don’t adequately protect people.
Defective Product
Sometimes, the manufacturer is responsible for an elevator injury. Cables, sensors, pulleys, and all other mechanical parts must be high-quality parts. Cheap parts that prioritize cost savings over safety don’t cut it.
Furthermore, the parts must work together seamlessly. Many elevator construction companies use parts from all over the world. Frequently, they’re untested together, except inside the final product. Many times, parts from the four corners of the world don’t work together as they should. There might be a square peg in a round hole somewhere.
Two possible legal theories are available. First, companies have a duty to warn consumers about all known possible side-effects. When they don’t adequately publish such warnings, they’re negligent. Second, if a manufactured component actually injured someone, the company could be liable for damages as a matter of law.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering, Additional punitive damages are often available as well, in extreme cases.
Connect With a Hard-Hitting San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
firehouse.com/home/news/10539068/man-trapped-in-elevator-decapitated
