Unfortunately, no system is foolproof. Nationwide, every year about two dozen people are killed and about 10,000 people are injured by elevators. Many of these people are installation, repair and maintenance staff, not even elevator users. Elevator accidents can occur for a variety of different reasons. The reason for the accident determines who you should claim against and which legal theory you should use to press your claim.

Product Liability

Under Kentucky product liability law, you can recover damages from the manufacturer or distributor of a product that is both defective and unreasonably dangerous, if you were injured by the defect and you were a foreseeable user of the product. The “product” doesn’t have to be the elevator itself — it could be an elevator component such as a cable, for example. You can win a claim against a manufacturer without proving fault on the part of the manufacturer.

Negligent Maintenance or Repair

Kentucky elevator safety regulations govern the maintenance and repair of elevators. Since any violation of these regulations is considered automatic negligence, if you can trace your accident to a regulatory violation you will probably win your claim. In some cases, acts or omissions can be deemed negligent even if they don’t violate any safety regulations.

Premises Liability

The owner or renter of premises is charged with the duty to ensure that his premises are safe for anyone with the legal right to be there — customers, invited guests, repair personnel, etc. (but not necessarily trespassers). If the owner or renter negligently allows a dangerous condition to develop or remain on his premises, and if that condition injures someone, a personal injury claim typically arises in favor of the victim of the injury.

A building owner is expected, for example, to follow the elevator manufacturer’s recommended inspection and maintenance schedule, and to repair the elevator whenever it malfunctions. The owner is also expected to select a quality repair company to perform repairs.

Employer Liability

Any failure to exercise due care on the part of a company employee can be imputed to the company itself. Suppose, for example, that the employee of an elevator repair company conducts faulty elevator repairs, thereby causing you to be injured when the elevator later malfunctions. Even if the employee himself lacks the financial resources to pay your claim, you can hold the company itself responsible for the actions of its employees.

Act Quickly

In most cases. Kentucky only gives you one year to either file a lawsuit or finalize a private settlement over an elevator accident. Since this is not much time when you consider the time it takes to investigate the accident and prepare a claim, it is best to contact a personal injury lawyer as soon as possible after an accident.

Call Pikeville personal injury attorney attorney Glenn Martin Hammond today at (606) 437-7777, or complete our online contact form, to get started. We serve clients in McCombs, Collins, Robinson Creek and elsewhere in Pikeville, KY, as well as throughout the state.