Elevator Injury Attorney in Las Vegas

Elevator Injury Attorney in Las Vegas

Although they are not as common, elevator and escalator accidents do occur on the Las Vegas strip. Unfortunately, elevator accidents could lead to severe injuries, and even permanent disfigurement. Having a trusted attorney that is well-versed in Nevada law is one of the best things you could do for yourself if you have been involved in an incident in an elevator, or while riding an escalator.

There has not been a specific study done on elevator accidents in Las Vegas. However, according to the United States Bureau of Labor Statistics, there were around 40 elevator accident fatalities and around 20,000 injuries caused by elevator accidents in a single year. This number is steadily increasing, and should actually be higher given that these are just the reported elevator accidents.

The Las Vegas strip has hundreds of different types of elevators and escalators all around the hotels, casinos, restaurants, and malls. Under Nevada law premises liability, all landowners and property owners have a duty to make sure that their property is free from any dangers. This means that property owners must maintain the property, including all fixtures, elevators, and escalators. If elevators and escalators are not inspected properly, and not repaired properly, it could result in devastating injuries for tourists and employees.

In the event that you have been involved in an elevator accident in Las Vegas, it could get a bit tricky when determining which parties are responsible for your injuries. Other parties might all try to point fingers at one another to avoid paying you any compensation. It takes a highly qualified Las Vegas attorney to hold negligent parties responsible to get you fair compensation.

Filing a Lawsuit for Elevator Accident Injuries in Las Vegas

If you’ve experienced injuries from an elevator accident in Las Vegas, you might be wondering about your legal options. The good news is that under Nevada law, you can file a lawsuit for injuries sustained in such incidents. Understanding the circumstances surrounding your accident is crucial for determining your next steps.

Understanding Elevator Accidents

Elevator accidents don’t occur randomly. They are often the result of negligent acts by individuals or companies responsible for maintaining the elevator. Negligence can take many forms, including poor maintenance, malfunctioning equipment, or inadequate safety measures. Identifying the negligent party is essential for holding them accountable for your injuries.

Who Can Be Held Responsible?

In many cases, the following parties may be held liable for elevator accidents:

• Property Owners: If the elevator is located in a commercial or residential building, the owner may be responsible for maintaining safe conditions.
• Maintenance Companies: If a maintenance company failed to properly service the elevator, they could also be held liable.
• Manufacturers: If a defect in the elevator’s design or manufacturing caused the accident, the manufacturer might be responsible.

What Should You Do After an Elevator Accident?

1. Seek Medical Attention: Your health should be your top priority. Even if injuries seem minor, it’s crucial to get a thorough medical evaluation.
2. Document the Incident: Take photos of the accident scene, gather witness information, and keep records of all medical treatments and expenses.
3. Contact a Lawyer: A legal professional specializing in personal injury can help you navigate the complexities of your case and guide you through the lawsuit process.

Frequently Asked Questions

Q: How long do I have to file a lawsuit for an elevator accident in Nevada?
A: In Nevada, the statute of limitations for personal injury claims is typically two years from the date of the accident. It’s important to act quickly to ensure you meet this deadline.

Q: What kind of compensation can I receive?
A: Compensation may include medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Get the Help You Need

If you or someone you know has been injured in an elevator accident, don’t hesitate to reach out to us. Our experienced team is here to help you understand your rights and discuss how to move forward with your potential lawsuit. Contact us today to schedule a consultation.

What do I have to prove for my elevator accident lawsuit?

Elevator and escalator accidents fall under a premises liability case. Premises liability is a specific type of case that holds the landowner responsible for their negligent actions. In order to prove that the landowner was negligent in a premises liability case, you must have to show:

• Duty: The landowner had a responsibility to maintain and repair the escalators and elevators on their property. This is known as the duty of care that the landlord was under.
• Breach: The landlord failed to follow that duty of care, and failed to inspect or repair elevators and escalators.
• Causation: Because the landowner failed to take these necessary measures, the victim was injured on the property in an accident.
• Damages: The victim now suffers injuries from the elevator or escalator accident.

This is a general overview of the different elements that your attorney will have to gather enough evidence for. Although it may seem very little, these elements require months, even years of investigating and extensive research. That is why having a trusted Las Vegas attorney on your side will help when proving the other party was liable.

What Causes Elevator and Escalator Accidents in Las Vegas?

Elevator and escalator accidents can pose serious risks in bustling cities like Las Vegas. Understanding the underlying causes of these incidents is essential for ensuring safety. Below, we explore common factors contributing to accidents in elevators and escalators.

1. Inadequate Maintenance of Brakes

One significant cause of accidents is the improper maintenance of elevator brakes. Regular inspections and servicing are crucial to ensure they function correctly. According to the Occupational Safety and Health Administration (OSHA), elevators require routine maintenance to prevent malfunctions. For more information, you can check this article by KTNV-TV.

2. Lack of Door Sensors

Another critical issue is the absence of safety sensors on elevator doors. In many cases, doors may close automatically without detecting if someone is in the way. This can lead to severe injuries. Installing safety sensors is essential for preventing accidents.

3. Door Jams

Door jams can also lead to accidents, especially if they are not addressed promptly. When doors do not operate smoothly, they can cause injuries to passengers. Regular maintenance checks can help identify and resolve these issues before they lead to accidents.

4. Open Elevator Shafts

Open elevator shafts present a significant danger. If proper safety measures are not in place, individuals may accidentally fall into the shaft, resulting in severe injuries or fatalities. It’s critical for buildings to adhere to safety regulations regarding elevator shafts.

5. Door Defects

Defective doors can malfunction, leading to accidents. Whether due to manufacturing flaws or lack of upkeep, ensuring doors are in proper working order is essential for passenger safety.

6. Incomplete Door Closures

Sometimes, elevators do not close completely when moving between floors. This can create hazardous situations for passengers. Regular inspections can help ensure doors close properly every time.

7. Escalator Belt Maintenance

Like elevators, escalators also require regular maintenance. A worn or improperly maintained escalator belt can lead to accidents. According to a study published by KCRW, regular maintenance checks are vital to prevent these issues.

8. Uneven Elevators

An uneven elevator can cause passengers to lose balance, leading to falls. Ensuring elevators are level at all times is crucial for passenger safety.

9. Loose Clothing

Loose clothing can get caught in escalators, causing accidents. Passengers should be aware of their attire when using escalators, and adequate warning signs should be placed nearby to remind users of this risk.

10. Inadequate Warning Signs

The lack of proper warning signs can increase the likelihood of accidents. Clear and visible signage can alert passengers to potential dangers and promote safer practices.

11. Motor Failures

Motor failures in elevators can lead to sudden stops or uncontrolled descents, posing significant risks to passengers. Routine maintenance can help identify potential issues before they escalate

What are common elevator accident injuries?

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Back injuries
• Burn injuries
• Lacerations
• Amputations
• Fractures
• Wrongful-death

If your injuries have been caused by another negligent party, give our attorneys a call today to hold the responsible parties liable for the damage that they have caused. You should not have to pay thousands of dollars for your medical bills simply because it was caused by another party. Give our Las Vegas lawyers a call today to discuss your situation. 

What if I was also responsible for my elevator accident?

Nevada has a set of comparative negligence laws. Each state has a different take on how they are to compensate the victim of an accident if they were partially responsible for their injuries. Nevada law states that if the victim was more than 51% responsible for their injuries in an accident, then they will not recover anything from the responsible party. 

However, if the victim was responsible for less than 51% of his injuries, then he could recover compensation. This percentage is determined by several factors and will require several different types of evidence in order to prove how much each party was liable. 

This percentage is determined by an in-depth investigation into the elevator accident. Insurance companies and other third-party attorneys may try to blame the victim for the injuries they have sustained in the elevator accident. For example, they may try to say that the victim was wearing loose clothing that got caught in the elevator.

Which parties are liable in an elevator and escalator accident?

The simplest answer may be the property owner. However, with large buildings in Vegas, there could be several other parties that could be held responsible themselves. Some examples include:

• Property management companies: Typically, hotels and resorts are managed by a separate third party
• Other visitors: Sometimes, it could even be other property visitors that could cause the elevator or escalator accident
• Maintenance companies: Property managers hire third-party maintenance companies to maintain and repair appliances, pools, escalators, and elevators
• Elevator manufacturer: If there was a defect in the elevator or escalator and the defects caused the accident, then you’re able to hold the manufacturer responsible under a product liability lawsuit. A product liability lawsuit is a specific type of lawsuit that deals with defects in products. This is a very complex type of lawsuit, and will need as much information as possible. Give our products liability attorneys a call today if you believe that your escalator or elevator accident was caused by a defect. 

What should I do after an elevator or escalator accident in Las Vegas?

• Get medical assistance right away. Getting evaluated by a medical professional will help determine what type of injuries you have suffered, and the severity of the injuries. A medical professional will also be able to determine what type of treatment you need and whether you may need future permanent treatments. Usually, elevator and escalator accidents result in severe injuries that may need months, even years of medical attention. Further, failing to go to a medical professional after an accident could work negatively in your favor. The other party may put the blame on you, and say that because you didn’t get the medical treatment you need, you instead caused your own injuries.
• Try to gather as much evidence as possible after the accident. It may be difficult, especially because you may be initially going to the hospital after the accident. After the accident, contact the property owners for footage or video surveillance of the incident. If there are any eyewitnesses, make sure you get their contact information. Usually, Las Vegas elevators are very busy, and may have a couple eyewitnesses to any elevator accidents.
• Contact a Las Vegas elevator and escalator attorney for assistance filing a lawsuit against the negligent party. Do not go unrepresented on your own. Typically, other parties will try to manipulate your words into getting you to admit false statements. Our top rated attorneys will take a look at your case during your free case evaluation, and will begin working for you to fight for your rights aggressively. Nevada law is different from the laws of other states. That is why you need a highly qualified Nevada attorney to make sure that they are knowledgeable about all the laws and could get fair compensation for you.