NYC Elevator Accident and Elevator Defect Lawyer

Usually the building owner and the elevator company hired to maintain it, and sometimes the manufacturer or installer. New York's Court of Appeals has said an elevator company that agrees to maintain an elevator in safe operating condition may be liable to a passenger for failing to correct conditions it knows about, or failing to use reasonable care to discover and correct a condition it ought to have found (Rogers v Dorchester Assoc., 1973). Service contracts and maintenance tickets show who had that job.

With the maintenance and inspection history: service tickets, call-back logs, prior complaints, inspection and test reports, and correction filings. New York courts have allowed an inference of negligent inspection and repair from evidence that the same elevator malfunctioned before. Expert inspection of the equipment, before it is repaired, can tie a specific defect to the accident.

Under 1 RCNY 103-02, Category 1 tests run each calendar year, Category 3 tests within three years and Category 5 tests within five years of the previous one, for the devices that require them, and generally a periodic inspection each year at least three months from Category 1 testing or the previous periodic inspection. Private residence elevators may be inspected and tested on the same date. Test reports are due 21 days after the test and periodic inspection reports 14 days after the inspection; periodic reports for private elevators need not be filed but must be kept for six years. Defects generally must be corrected within 90 days; hazardous conditions and specified firefighter emergency-operation defects require immediate correction.

Yes. Elevator mechanics and other workers may have claims under Labor Law 240(1) when they were repairing or altering a building or structure and the injury came from an elevation-related risk the statute covers, and workers' compensation generally covers the employer. Whether the Labor Law applies depends on the work being done and how the injury happened; it is not automatic.

Claims against a city or other public corporation generally require a notice of claim within 90 days of the accident (General Municipal Law 50-e); a court may allow late notice on application. The specific owner and the rules that apply to it should be confirmed right away.

Most personal injury lawsuits must be started within three years (CPLR 214). Public-entity claims generally need a notice of claim within 90 days (General Municipal Law 50-e). A wrongful death action must generally be commenced within two years of death (EPTL 5-4.1).

Get medical care, and ask the building manager or superintendent for a written incident report and its number. Photograph the elevator, any gap between the car and the floor, the doors and the posted inspection certificate. Write down witnesses' names, note cameras in the lobby and car, and keep the shoes and clothing you wore.

Yes. New York City's inspection rule defines "elevator" to include escalators and moving walkways, and our escalator accident page explains how those claims work, especially in subway stations. We handle elevator and escalator cases throughout New York City and Long Island.