Craig Rosenbaum | October 1, 2012 | Premises Liability
Most people automatically trust the stairs, escalators and elevators that move them around without even thinking about it. Unfortunately, in New York and elsewhere, injuries occur when these means of transport are defective and malfunction. When it happens, the owners and operators of the properties where the accident occurred find themselves subject to possible premises liability claims.
Just such a claim is now on the books in another state. A woman claiming to have been injured by a defective elevator recently filed suit against a medical center and the service company responsible for maintaining the facility’s elevator.
The woman alleges that she was at the medical center as an invited guest. When she entered one elevator, the lift abruptly dropped from the third floor to the bottom of the elevator shaft before returning to the first floor. In her complaint, the woman claims the medical center and the elevator company failed to maintain the elevator to ensure that it was safe and functioned properly.
Premises liability law holds property owners accountable for injuries that result due to issues on their property. Common incidents that give cause for a premises liability suit include slips and falls on wet floors and injuries resulting from icy sidewalks and parking lots. A property owner may be held liable for an individual’s injury if it is proven that the owner knew that the property was not free of hazards or dangers, failed to repair and maintain the property and an individual was injured as a result of the failure to take reasonable steps to ensure the safety of the property.
When a person enters any property he or she has a right to expect that they will be safe. In this instance, it isn’t apparent exactly what sorts of injuries were suffered. But the woman is claiming that her injuries were due to defendants’ negligence. As a result, she incurred medical expenses and suffered physical and mental anguish. In addition, she says her son suffered the loss of parental consortium.
A successful premises liability suit may provide this woman and her family some compensation for the injuries she endured, and perhaps still suffers from.
Source: The West Virginia Record, “Logan Co. woman blames elevator company for hospital incident,” Kyla Asbury, Sept. 26, 2012