If you have been injured in an elevator accident, contact our Portland elevator accident lawyers at (971) 339-8080. With over 32+ years of successfully resolving elevator accident cases, we look forward to representing you. No one should have to suffer an injury due to a property owner's neglect of maintenance, and no one should have to be afraid of riding in an elevator. Reach out to us today to schedule a free consultation
According to the Consumer Product Safety Commission (CPSC), there were an average of 30 elevator-related deaths and 17,000 elevator-related injuries in the United States each year from 1992 to 2003. Of these, about 90% of the deaths and 60% of the injuries occurred in elevators. [1]
What Causes Elevator Accidents?
An elevator accident refers to any incident that occurs in an elevator where people are injured or harmed due to various causes.
Elevator accidents are rare, but when they happen, they can be deadly. In the blink of an eye, a routine elevator ride can turn into a nightmare. People have been crushed or suffocated in elevator accidents. In some cases, the victims have been trapped for hours or even days before being rescued.
Elevator accidents can occur due to a variety of factors, leading to potential bodily injuries and emotional distress for those involved.
Some of the causes of Portland's elevator accidents include:
-
Fast Closing Doors or Other Moving Parts:
Elevator doors and other moving components pose a risk of entrapment if proper safety measures are not in place. Instances where individuals are caught between closing doors or caught by other moving parts, can result in injuries ranging from minor bruises to more serious fractures.
Elevator door accidents constitute 9% of all elevator-related injuries, while mechanical failure accounts for 15.3%. [2]
-
Mechanical failure:
Elevators are intricate machines comprising numerous mechanical components, which, if not properly maintained or regularly inspected, can lead to defective conditions, malfunctions, and potentially fatal accidents. -
Suffocation due to Entrapment in Elevator:
In rare instances, individuals may become trapped in an elevator car due to mechanical failures, power outages, or other unforeseen circumstances. Prolonged entrapment without proper ventilation can lead to reduced air supply, potentially resulting in suffocation or severe discomfort. -
Hit by the Elevator or Balance Weight:
Accidents involving elevators can sometimes result in individuals being struck by either the elevator car or its counterweight. Such incidents often occur due to mechanical failures, misalignment, or programming errors, leading to unexpected movements within the elevator shaft. -
Falling into the Elevator Shaft:
Falling into the elevator shaft is a grave danger that can occur if safety barriers, such as hoistway doors or guards, are not properly maintained or if passengers attempt to exit a stalled elevator without professional assistance. -
Electric Shock:
Elevators rely on complex electrical systems for their operation, and malfunctions within these systems can lead to the risk of electric shock or even electrocution. Faulty wiring, exposed electrical components, or power surges can put passengers and maintenance personnel in danger.
Damages Associated with Elevator Accidents
Medical Expenses and Future Care Costs
In the unfortunate event of an elevator accident, victims may incur various types of medical expenses and future care costs.
These expenses can include hospital bills, emergency room visits, doctors' fees, surgery costs, medication expenses, rehabilitation services, physical therapy, and any necessary assistive devices.
Lost Wages and Loss of Earning Capacity
An elevator accident can have a significant impact on an individual's lost wages and loss of earning capacity. When injuries occur, victims may need to take time off work to recover, resulting in a direct loss of wages. Depending on the severity of the injuries sustained, individuals may experience a long-term or permanent impairment that affects their ability to earn a living.
Calculating lost wages involves considering factors such as the injured party's pre-accident earnings, the length of time they are unable to work due to medical treatment or recovery, and any future lost earnings as a result of their injuries.
Pain and Suffering Damages
In elevator accident cases, the concept of pain and suffering damages plays a significant role in determining the compensation awarded to the injured party. These damages aim to provide financial compensation for the physical and emotional pain, distress, and suffering experienced as a result of the accident.
Quantifying pain and suffering can be challenging, as it involves assigning a monetary value to intangible losses. Juries and insurance adjusters typically consider factors such as the length and intensity of the individual's pain, the duration of the recovery period, the medical treatment required, and the long-term effects of the injuries.
Wrongful Death Damages
At Goldberg & Loren, we understand the devastating impact that wrongful death cases involving elevator accidents can have on families. Losing a loved one in such a tragic and avoidable manner is a profound tragedy, and we are dedicated to providing compassionate and comprehensive legal assistance to those affected by these unfortunate circumstances.
Our goal is to establish a strong legal case that holds the responsible parties accountable for their actions or negligence.
Punitive Damages
Punitive damages are designed to serve a dual purpose: punishing the defendant for their misconduct and deterring others from engaging in similar actions.
Punitive damages go beyond compensating the injured party for their losses and aim to hold the defendant accountable for their egregious behavior. These damages are typically awarded when the defendant's actions display a high degree of recklessness, intentional misconduct, or gross negligence.
For example, if an elevator accident occurs due to the property owner's failure to properly inspect and maintain the elevator, resulting in severe injuries or even death, punitive damages may be justified.
Similarly, if it can be proven that the property owner being the liable party, intentionally ignored safety regulations or knew about a dangerous condition but failed to address it, punitive damages may be awarded.
Statute of Limitations for Filing an Elevator Accident Claim in Oregon
In Oregon, the Statute of Limitations for filing an elevator accident claim is generally two years from the date of the accident. §12.110
This means that individuals who have suffered injuries or damages in an elevator accident must bring their claims within this time frame. Failing to do so can result in the claim being barred and the injured party losing their right to pursue compensation.
Navigating the legal process and adhering to the Statute of Limitations can be complex, which is why it is important to consult with our experienced elevator accident lawyers as soon as possible after the incident.
We can guide you through the process and ensure your legal claim is filed within the required time limit to maximize your chances of obtaining a fair settlement for both economic and non-economic damages.
Benefits of Hiring a Portland Oregon Elevator Accident Lawyer
When you've been involved in an elevator accident, hiring a Portland, Oregon, elevator accident lawyer can make a significant difference in your ability to recover fair compensation for your injuries.
Goldberg & Loren's experience handling elevator accidents provides us with the knowledge and resources to build a strong case on your behalf. This includes investigating the accident scene, gathering evidence, and consulting with experts to determine liability and the extent of your injuries.
We will handle all negotiations with the insurance adjuster, ensuring they don't take advantage of you and settle for the lowest amount possible. Our goal is to maximize your compensation and hold the liable persons accountable for their actions.
Throughout the legal action, our personal injury attorneys in Portland will provide you with invaluable support and guidance. We will help you navigate the legal complexities, ensuring all paperwork is filed within the appropriate deadlines and protecting your rights at every step.
Have you recently been involved in an elevator accident in Portland, Oregon?
Our team of experienced Portland, Oregon, elevator accident lawyers is here to fight for your rights and ensure you receive the compensation you deserve.
We understand the physical, emotional, and financial toll an elevator accident can have on your life. By hiring our expert personal injury lawyers, you can rest assured that we will work tirelessly to hold the responsible parties accountable and obtain the maximum compensation possible for your injuries, medical bills, lost wages, and pain and suffering.
Don't wait another moment to seek justice. Contact us today for a free legal consultation, and let us guide you through the legal process. Your future and well-being are too important to delay any further.
Sources:
[1] eLCOSH : Deaths and Injuries Involving Elevators and Escalators - A Report of the Center To Protect Workers’ Rights. (n.d.). eLCOSH : Deaths and Injuries Involving Elevators and Escalators - a Report of the Center to Protect Workers’ Rights. https://www.elcosh.org/document/1232/d000397/Deaths+and+Injuries+Involving+Elevators+and+Escalators+-+A+Report+of+the+Center+To+Protect+Workers’+Rights.html?show_text=1.
[2] The Most Surprising Elevator Accident Statistics And Trends in 2023. (2023, April 5). Gitnux. Retrieved August 10, 2023, from https://blog.gitnux.com/elevator-accident-statistics
