Can I Sue After Being Injured in an NJ Elevator Accident?

Reviewed by Daniel P. McNerney, Esq.

There are few things more jarring than being in an elevator accident, partly because it is one of the last places one can expect an accident to occur. Whether you are on your way up to your job or are coasting up to your apartment, we use elevators in schools, office buildings, and apartments every single day without a second thought. However, being involved in an elevator accident can be incredibly overwhelming, stressful, and unexpected. If you have recently been injured in one, you most likely now require financial compensation to cover the cost of your medical bills, lost wages, and more. Please read on and reach out to our experienced team of New Jersey personal injury attorneys to learn more about elevator accidents and how we can help you through the claims process ahead. Here are some of the questions you may have:

What Most Commonly Causes Elevator Accidents in New Jersey?

Elevators are complex pieces of machinery that involve dozens, if not hundreds, of moving parts that require careful design and proper manufacturing, careful installation, and routine inspections and repairs to ensure they can function properly. However, if parts are not working properly, it can render the elevator dangerous and result in serious accidents. Common injuries may occur as a result of:

• Control system malfunction
• Drive malfunction
• Improper installations
• Faulty wiring
• Abrupt stops
• Pully system malfunction
• Negligent elevator design
• Power failures
• Failing to keep equipment up-to-date
• Door operator errors
• Mechanical breakdowns

In the event you have suffered injuries as a result of these hazardous conditions or malfunctions, it’s critical to connect with an experienced attorney with our firm as soon as possible.

What Severe Injuries Can Result From an Elevator Accident?

Over the years, professionals have documented several severe and life-altering injuries stemming from elevator accidents. Some of the most common injuries sustained include the following:

• Back injuries
• Broken bones
• Wrongful death
• Severed limbs
• Crush injuries
• Cuts and bruises
• Head trauma
• Neck injuries

Establishing Liability: Who Is Responsible for Elevator Accident Injuries in New Jersey?

If you are someone who was recently injured in an elevator accident, it is imperative that you retain the services of an experienced New Jersey personal injury attorney who can determine the party responsible–this is not as easy as you may think. Of course, a faulty elevator is a faulty elevator; however, there are two types of lawsuits you may file. If your attorney determines that the accident occurred due to a negligent elevator design or a negligent product manufacturer, you will most likely file a product liability lawsuit. However, if your attorney proves that the property owner knew or should have known about the unsafe elevator, did not fix it, and you were injured and sustained significant damages as a result, there is a very good chance that you will be entitled to financial compensation in a premises liability lawsuit.

Our firm will gather all evidence needed to satisfy the burden of proof, including pictures of the unsafe conditions, surveillance footage of the accident, police reports, witness statements, medical documents, and more.

One of the most important things you can do after an elevator accident in New Jersey is seek immediate medical attention, even if you feel okay or injuries seem minor. Seeking medical care helps ensure your health and well-being are prioritized while also establishing documentation to link your injuries to the accident.

New Jersey Statutory Deadlines: What Is the Statute of Limitations for Personal Injury Claims?

If you are someone who has been wrongly injured in New Jersey, you will have to file a personal injury claim within the state’s statute of limitations. All too often, people wait too long to sue and are then denied their right to compensation. The statute of limitations for personal injury claims in New Jersey is generally two years, which gives the wrongly injured two years from the date of their accident to sue for their injuries. Failure to file within this two-year deadline can result in a bar on pursuing compensation for damages, even if negligence and injuries are obvious. Our firm is ready to begin the claims process on your behalf today–all you have to do is ask. According to New Jersey law, N.J.S.A. 2A:14-2, lawsuits filed as a means of recovering compensation for a neglectful or wrongful act must be filed within this two-year deadline. Failure to do so can result in the court moving to permanently dismiss your case.

It’s important to note, however, that if the accident occurred on government-owned or public property, such as in a municipal building, post office, or location, you have a short window to file a formal Notice of Claim. This must be filed with the appropriate entity within 90 days of the accident in accordance with the New Jersey Tort Claims Act.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. As a victim, your only job is to call us, and our dedicated Bergen County personal injury attorneys will take it from there. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.