Elevators are commonly used by the elderly and disabled in particular in order to transport between levels in a building. Elevators are generally perceived to be very safe forms of transport. They facilitate the use of wheelchairs when necessary, and they can be used by those who are unsteady on their feet or immobile.
However, unfortunately, incidents are occasionally reported as a result of using elevators, and injuries can be possible. One of the most common causes of injuries is due to an elevator's doors opening when it is misaligned with the floor of the building. This can lead to trips and falls. If you or a loved one has been injured when using an elevator in New York, you may be able to make a personal injury claim to recoup damages.
What is negligence and how can it be attributed to elevator injuries?
In order to make a personal injury claim against the premises, you must show that negligence was present. Negligence is an instance when the premises owner failed in its legal duty to its customers.
For example, a shopping mall has a duty to keep all its visitors reasonably safe. This means that they should be making sure that their elevators are properly functioning and that they present no hazards to users. If they did know or should have known about the misalignment of the elevator to the floor, they will likely be considered to be negligent.
How can I use negligence to make sure that compensation is gained?
When you have established that negligence was present, you need to show that the negligence caused the injuries. If a clear link has been made between the negligence and the causation of injuries, you will be able to claim damages.
These damages should be enough to cover all medical expenses resulting from the incident, as well as include adequate compensation for the pain and suffering that was endured.
If you or a loved one has been injured in an elevator in New York, it is important that you use the law to help you get justice. By asserting your rights and showing how the premises owner was negligent, it is likely that you will be successful.