If you were injured in an elevator, an elevator injury attorney can investigate the circumstances and help determine who was responsible for your accident. Here we look at the factors that indicate negligence in elevator accidents.
Licensed Elevator Contractor Liability
The first thing your elevator injury attorney will establish is whether the property management complied with elevator installation and adaption regulations. Contractors require approval from the Department of Licensing and Regulations before conducting an installation or adaption for elevators in Texas. Your lawyer will ensure the contractor submits a detailed plan and received approval before starting their project.
For alterations contractors must include an explanation of the scope of work and details on each alteration planned. In more complicated alterations a final layout of the alterations is required. A lawyer will ensure all of the proper processes were followed, and if not use this proof to show negligence on the part of the contractor.
Licensed Elevator Inspection Liability
Each elevator requires the contractor to maintain a record of their approved application for the initial installation. This record must be shared with the licensed elevator inspector responsible for deeming the elevator safe for use. The inspector cannot proceed without the approved layout drawings and application. Should the inspector proceed and approve the elevator without the plan, they can be held responsible if an accident occurs.
Property Manager Liability
In Texas, the codes place a duty on either the building owner or elevator owner to perform regular inspections in one-year intervals. They are then responsible to perform all recommended repairs and maintenance reported by the inspector. In the case of a property manager, they can be held liable if they have a contract that clearly states they are responsible for elevator maintenance. The building or elevator owner can use the contract to show the property manager failed to uphold the contract. As well, elevator inspection reports can also be used to show property managers failed to complete recommended repairs and maintenance.
Elevator Maintenance Company Liability
In the case where elevator maintenance companies are contracted to inspect and maintain an elevator, if an accident occurs it is possible they can be liable if they do not meet the requirements of their contract. In the case where the company does perform the duties of the contract but fails to do so up to proper standards, they can still be found negligible.
Elevator Maintenance Employer Liability
Your employer has what is called “nondelegable duty” to their employees to ensure they offer proper training and equipment. In cases where an employee is injured on the job, your elevator injury attorney will investigate whether or not your employer did meet their nondelegable duty. If not, they can be found liable.
If you were injured in an elevator accident an elevator injury lawyer will look for evidence of compliance issues. They will follow the trail of paperwork from the initial contractor through to the elevator maintenance company to help establish a case.
If you sustained an elevator injury, the elevator injury attorneys at Malley Law Firm can help you seek the compensation you deserve. Click here to contact our team for your initial free consultation.
