Elevator under maintenance

Who is Liable for an Elevator Accident in Dallas?

The use of elevators often brings a sense of relief; after all, you are headed to the floor you want to get to without having to climb up flights of stairs – especially if you’ve got a bunch of things in tow. However, that sense of relief can be easily eradicated and replaced with terror when that same elevator malfunctions, causing you serious or even life-threatening injuries. 

City and state governments (not federal) are tasked with ensuring that all public elevators are inspected on a regular basis. In Texas, public elevators are required to be inspected at least once every 12 months of whenever it is necessary.

Common Types of Elevator Malfunctions

There are many ways in which an elevator can malfunction. These include:

  • Elevator door malfunctions/doors closing unexpectedly (on someone);
  • Abrupt stopping of the elevator;
  • Improper leveling of the elevator;
  • Mechanical malfunctioning;
  • Malfunction of the pulley system;
  • Free-falls; and
  • Other defects.

While anyone can be injured in an elevator accident, there are certain groups who are more susceptible to injury than others. The most common group for injuries is children, as they often fail to pay attention and don’t understand the risks. Other groups include elderly individuals, daily elevator riders, and elevator workers/installers

Protecting Yourself 

While you can’t always prevent an elevator accident, there are certain things that you can do to protect yourself. 

  1. Always allow people on the elevator to exit before you enter. 
  2. Pay attention to the floor of the elevator to make sure that it’s there and properly aligned/level.
  3. Watch your step when entering the elevator.
  4. Pay attention to the weight capacity of the elevator
  5. Do not run to try and catch an elevator (the doors could close on you)
  6. Remain still once inside the elevator.
  7. Lie flat on the floor in the center of the elevator if the elevator begins to free-fall.
  8. Call for help and remain calm.

Liability for Elevator Injuries

Business or property owners have a duty to protect their patrons from physical harm. One of the ways in which they are required to do so is by conducting regular inspections of their elevators to make sure they’re safe for use. Therefore, if a business or property owner fails to inspect and maintain the elevator, he or she could be liable for any injuries that are incurred due to this negligence. However, the injured party is responsible for proving that the business or property owner failed their duty and was negligent. But if the victim is able to do so, they can recover for the damages they have suffered. 

The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in an Elevator Accident

When you have been the victim of an elevator accident, you are often faced with handling the severe financial ramifications that accompany it, such as medical bills, lost wages, and pain and suffering. You should not be held responsible for someone else’s negligence. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible. 

The lawyers at Rochelle McCullough help victims of elevator accidents to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.