If you’ve suffered an injury because of a faulty or malfunctioning elevator or escalator, you may be wondering if you should get a lawyer. The simple answer: it’s a good idea to get legal help ASAP.
Elevator and escalator injuries are much more common than people think, and they often result in catastrophic injuries: The Consumer Product Safety Commission (CPSC) reported that about 6,000 people per year are injured on escalators. Elevator injuries are more common, with approximately 10,200 elevator accidents involving injuries occurring each year.
If you’re one of the people who suffered bodily harm and/or severe mental anguish from an elevator or escalator malfunction, you should know that you might be entitled to compensation for your injuries.
Can You Sue for Damages as a Result of Elevator Injuries?
Short answer: Yes.
Many elevator accidents occur from improper care or outdated maintenance, which can and should be easily avoided. If that’s the case with your injury, you should consult a lawyer and start a claim to make sure you get what’s owed for your pain and suffering. If a building owner lapses on their maintenance requirements or an elevator maintenance company lapses on their duties to perform routine maintenance and repairs, they can be held accountable for their actions.
What exactly does the law in Texas require from building owners and maintenance companies?
Building owners can’t just hire any handyman to repair their elevators and escalators. They need to hire maintenance companies that keep their elevator repair license current with the state licensing commission. Elevators and related equipment must also be inspected every 12 months. The inspection report and all required documents and fees must be submitted to the Texas Department of Licensing and Regulation (TDLR) to receive a Certificate of Compliance.
The building owner is responsible for obtaining a Certificate of Compliance for each elevator and escalator in the building, and for posting it in a conspicuous place. (T.A.C. 74.67b) On top of that, every five years a Category 5 full-load test must be performed.
An important exception:
Equipment installed in single-family dwellings is not regulated by TDLR except for provisions in Section 754.0141 that require an inspection by a registered TDLR inspector after it is installed.
When Should I Get Help From Attorneys?
Your attorney will launch an investigation into your particular case and work to gather evidence pertaining to who was responsible for your injuries. Filing a personal injury or negligence claim like this isn’t easy to do by yourself. It’s a complex process that takes time, expertise, and energy you may not have while you’re recovering.
You need to be able to focus on recovery after sustaining elevator or escalator injuries. You don’t need the stress of a complicated claims process while you’re recuperating. Trust your claim to personal injury attorneys that can evaluate your case at no risk to you or your wallet. They don’t get paid until you get compensated for your injuries. That way, you get peace of mind while you recover and it doesn’t cost you a penny upfront. Reach out any time to start your risk-free case evaluation.
Personal injury cases are time-sensitive, so the sooner you start the process, the better.