File a Hotel Elevator Accident Lawsuit
In a high-tourism state like Florida, hotel elevators see more traffic than many other places. Unfortunately, this leaves a higher risk of accidents. If you were injured in a hotel elevator accident, you may be entitled to recover compensation from the hotel, the elevator company, or the elevator service provider.
The Law Offices of Wolf & Pravato can help you file a hotel elevator accident lawsuit. Call us for a free case evaluation at (954) 633-8270. We will discuss the details of your claim and your legal options for pursuing damages.
Hotel Elevator Accidents Are Preventable
Hotel elevator accidents are generally preventable. Like many other types of personal injury accidents, they often result from negligence. When the hotel operator fails to properly maintain the elevators, enforce proper technician credentials, or ensure timely repairs, they put the lives of their guests, visitors, and employees at risk.
Those responsible need to be held accountable to prevent these sorts of losses in the future.
Who Is Liable for an Elevator Accident in a Hotel?
A hotel elevator accident could have multiple liable parties, such as:
Generally speaking, the hotel is liable for the elevator accidents that occur on its property, as it is responsible for maintaining the elevator in proper and safe working order.
If there are complaints of elevator malfunctions or suspicious performance, the hotel must address these issues immediately and select a qualified elevator mechanic who is licensed to service the elevator.
It is also the hotel’s job to ensure inspections are conducted annually per Florida’s Certificate of Operation requirements. You could hold the property owner accountable for negligence in a hotel accident injury lawsuit if the Certificate of Operation was expired at the time of the accident.
If an investigation reveals that there was a defect with the elevator or the elevator company dispatched a mechanic who failed to properly perform his job to fix it, the manufacturer may bear responsibility.
Elevator Repair Company
The company that serviced the hotel elevator may also bear responsibility for your injuries. Any negligence on the mechanic’s part that led to the elevator’s failure may put the company on the hook for your damages.
Proving Negligence Caused Your Elevator Accident
You may be entitled to seek a hotel elevator accident settlement from one or more of the above parties, but you’ll need to prove negligence. Your injury attorney must first establish the following:
- The other party owed you a duty of care and had a responsibility to prevent your harm and keep the elevator reasonably safe.
- The negligent party failed to fulfill its duty to prevent harm.
- Their negligent actions were the cause of your elevator accident and injuries.
- The injuries you sustained resulted in damages for which you can claim compensation under the law.
If you’re pursuing a premise liability claim, you must also demonstrate that the hotel elevator accident was foreseeable. This means the hotel knew of the elevator’s problems or the potential risks or should have known of them.
To back up your claims, your hotel elevator injury accident lawyer can investigate and gather the evidence that proves the other party was negligent. This includes:
- Elevator inspection records
- Maintenance records
- Testimony from certified elevator technicians
- Elevator complaints from guests, employees, and visitors
- Videos of elevator malfunctions or defects
- Previous elevator-related incident reports
Our Hotel Accident Lawyers Handle Everything for You
A Fort Lauderdale personal injury lawyer at our firm can handle all the details of your case from start to finish, including:
- Investigating your elevator accident to determine what caused it
- Identifying who is ultimately liable for damages
- Speaking with witnesses about what happened
- Handling all paperwork related to your case
- Managing communication with the insurance company and hotel
- Negotiating for a fair hotel elevator accident injury settlement
- Filing your hotel elevator accident lawsuit in court, if necessary
- Representing you at trial, if necessary
- Keeping you abreast of developments as your case moves forward
You can obtain legal help with your hotel elevator injury accident without any upfront or out-of-pocket costs. Our lawyers work on a contingency fee basis, so we don’t charge unless we win your case.
This payment arrangement allows us to start working on your case immediately. There are no financial barriers to justice with our Florida hotel elevator accident attorneys fighting for your compensation.
Open and Honest Communication From a Response Legal Team
The hotel elevator lawsuit attorneys at our firm pride themselves on providing the legal service you can count on. You can trust us to be:
- Honest about the legal merits of your case and the service we provide
- Dedicated to getting you results– We work hard to get you fair and full compensation to cover the cost of your injuries and losses.
- Responsive to your concerns and communication– We believe in keeping the lines of communication open with our clients so you always feel comfortable sharing your questions and concerns with your hotel accident lawyer. Your case is our priority, so we make it a point to always reply to emails and phone calls promptly.
Common Elevator Accident Injuries
An elevator accident can leave you with serious injuries. In some cases, victims may not survive the incident. According to The National Institute for Occupational Safety and Health (NIOSH), every year, 30 people die from elevator and escalator accidents, and 17,000 suffer severe elevator accident injuries.
Our accident lawyers in Florida help you recover compensation for your injuries and related expenses. More than half of elevator accident injuries are the result of falls. These include:
- Broken bones and fractures
- Head trauma
- Brain injuries
- Spinal cord injuries
The above list is not exhaustive by any means—any injuries you’ve sustained due to an elevator accident qualify for compensation.
What Is the Average Settlement For Elevator Accidents in Hotels?
The average settlement for elevator accidents in hotels is unknown, as the value of a hotel elevator injury lawsuit varies from one case to another. An injury lawyer from the Law Offices of Wolf & Pravato can determine the total amount of compensation you are entitled to recover based on your accident-related losses, which may include the following:
- Medical bills
- Physical rehabilitation
- Occupational therapy
- Assistive devices
- Mobility equipment
- Accessibility modifications for home and vehicle
- Lost work or business income and benefits
- Travel expenses
- Scarring and disfigurement
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
Wrongful Death Damages After a Hotel Elevator Accident
Families who have lost a loved one due to a hotel elevator accident can seek justice through a wrongful death lawsuit. Under Florida Statutes § 768.21, relatives such as children, spouses, and parents can recover compensation for their losses, including:
- Lost financial support
- Loss of Consortium
- Funeral and burial expenses
- Loss of services
- Loss of care, guidance, protection, etc.
- Final medical care costs
How to Support Your Elevator Accident Claim
You must have documented proof of the injuries and losses you’ve suffered. For financial expenses, you will need documentation similar to the following:
- Medical bills
- Treatment cost estimates
- Pay stubs, invoices, or other lost wage documentation
- Bank statements
- Receipts for services or goods purchased in relation to your hotel elevator accident injuries
Proving Pain and Suffering
To support claims for pain and suffering, which are not injuries directly tied to money, you’ll have to establish that you are suffering physically or emotionally due to your injuries. One of our Fort Lauderdale hotel accident lawyers may retrieve the following types of supporting evidence:
- Doctors’ reports and medical records
- Expert testimony from medical, scientific, rehabilitation, or mental health specialists
- Testimony from family, friends, coworkers, and employers
- Your own account of your struggles
- Photos and video of your injuries or challenges since the accident
Deadline to File a Hotel Elevator Accident Injury Lawsuit in Florida
Under Florida Statutes § 95.11, victims injured in an elevator accident generally have four years from the date of the accident to file a personal injury lawsuit for damages. The wrongful death statute of limitations is typically two years from the date of death. If you do not file your case in court before the legal deadline expires, you could lose your right to recover compensation from the negligent party.
An elevator accident case may take time to build as injuries are usually severe. Victims need time to work through treatment and compile proper documentation of present and future medical care costs.
In addition, your hotel accident lawyer will probably need to conduct an investigation into the cause of the accident, which could take weeks or months to conclude. We encourage you to start working with our team as soon as possible to ensure you have enough time to build a compelling case.
Can You Get Compensation for Being Stuck in a Hotel Elevator?
You can recover compensation for being stuck in a hotel elevator if the hotel failed to maintain, properly inspect, or service the elevator, resulting in malfunction. You must be able to prove that you suffered damages due to being trapped or injured in the elevator. Any health complications that arise or worsen due to the situation may be compensable.
For example, you could recover monetary compensation for a panic attack that triggered fainting, high blood pressure, or a heart attack. If you suffer from diabetes and couldn’t regulate your blood sugar due to being stuck in the elevator, you could be entitled to damages for the resulting medical expenses as well.
You could even qualify for compensation if you suffered emotional distress due to being trapped. Some people fear enclosed spaces, a condition known as claustrophobia. Others may simply become traumatized from such a stressful experience and the uncertainty of freedom.
What Are the Common Types of Elevator Accidents in Hotels?
Elevator accidents, while rare, are extremely dangerous and sometimes fatal. Of the 30 annual deaths from elevators and escalators, half of them are from workers installing, repairing, and maintaining elevators, and working in or near elevator shafts.
Further, half of those elevator worker deaths are due to falling into the shaft. However, hotel elevator accidents happen to passengers as well. Types of elevator accidents that occur at hotels and other buildings include:
- Falling into elevator shafts
- Getting caught in or between moving elevator parts
- Collapsing/plummeting elevators
- Getting struck or crushed by elevators
- Malfunctioning doors suddenly closing
What Causes Elevator Accidents in Hotels?
Many elevator accidents result from malfunctions. From a passenger standpoint, malfunctions can occur due to overloading the elevator past its limit, but other factors may also play a role. These issues may arise because the hotel:
- Failed to properly or adequately maintain the elevator
- Hired incompetent or unlicensed elevator technicians who did not properly service the elevator
- Failed to keep up with state or county elevator and brake monitor inspections
- Kept the elevator in use past its life expectancy
When elevators malfunction, passengers may attempt to free themselves, falling into the shaft or having their limbs crushed. Other times, an elevator may suddenly plummet as the rider is trying to exit. In that case, the hotel may be liable for the damages.
Building a Hotel Elevator Accident Injury Lawsuit Is Our Job. Recovering Is Yours
You deserve to receive proper compensation if you were injured in a hotel elevator accident. Let the Law Offices of Wolf & Pravato help you build your case. We have the track record and the resources to take on hotels and their big-name insurance companies. Our clients are like family, and we do everything in our power to protect them. Call us today for a free case evaluation at (954) 633-8270.