Elevator accidents in New York are more frequent than people think. One minute you are riding in an elevator and the next, the elevator makes a sudden and unexpected motion that causes you to stumble and fall.
Elevators are complex machines with thousands of interdependent parts and proper preventative maintenance is essential to the proper operation of an elevator. Our experienced New York personal injury lawyers who handle elevator accident cases know all too well how serious an elevator accident can be. Our firm is one of the few Westchester lawyers who handle elevator accident cases.
In recognition of the fact that most elevator accidents occur because of inadequate maintenance, the law in New York has recognized that the theory of res ipsa loquitur applies to these cases, in addition to negligence theories of recovery. Res Ipsa is an old latin term, which means the thing speaks for itself. So since an elevator malfunctioned, it means that there was inadequate maintenance. In addition to the theory of Res Ipsa, a case of negligence is often asserted and to establish negligence often it must be proven that the building owner or elevator company caused a dangerous condition in the elevator or had notice of a dangerous condition which it failed to repair, including a defective or misaligned component.