Steps To Take After an Elevator or Escalator Accident in New York
Escalator and elevator accidents can happen suddenly without any warning and leave victims dealing with serious injuries, medical expenses, and time away from work. When an elevator suddenly drops, or its doors suddenly malfunction, or when an escalator stops or jerks without warning and causes an accident, knowing what to do is crucial. The actions you take immediately after an accident can protect your health and legal rights.
Below are the key steps to take after an elevator or escalator accident in New York.
1. Seek Immediate Medical Attention
After an elevator or escalator accident, your health and safety should be your top priorities. It’s crucial to see a doctor as soon as you can, even if your injuries seem minor or you feel “fine.” Elevator and escalator accidents can lead to hidden injuries like soft tissue injuries, concussion, and internal damage that might not be immediately apparent. Prompt medical attention can help prevent complications or your injuries from worsening. Additionally, it will help create records that connect your injuries to the accident, which is crucial if you decide to file a claim.
2. Report the Incident Immediately
Let the property owner, building manager, or on-site personnel know about the accident as soon as possible. If the accident happened in a commercial building, subway station, or shopping mall, request that an official incident report be made and ask for a copy for your records. Not reporting the accident promptly can give the property owner a chance to contest when or how your injury happened.
3. Document the Scene
Another vital step is documenting the accident scene. If you’re able, take pictures and videos of the escalator or elevator, including any visible defects, warning signs (or the absence of them), and the surrounding area. Try to capture specifics such as broken handrails or steps, uneven handrails, or malfunctioning buttons. These details can be vital in demonstrating that the accident happened due to negligence.
4. Gather Witness Information
Eyewitness accounts can be incredibly helpful in elevator and escalator accidents. If someone witnesses your accident, make sure to get their name and contact details. These witnesses can corroborate your story. They can help back up claims that a dangerous condition or a malfunction caused your accident.
5. Understand Who May Be Liable
In New York, several parties may be held liable for an elevator or escalator accident. Potentially liable parties include:
- Property owners and managers
- Maintenance companies
- Manufacturers and installers
- Inspectors and inspection agencies
Determining who is liable usually requires a thorough investigation of, among other things, inspection and maintenance records and adherence to safety regulations.
6. Understand Time Limits
New York has a strict statute of limitations for filing personal injury claims, including premises liability claims. Often, you have three years from the date of the accident to file a lawsuit. However, shorter deadlines may apply if a government entity is involved, such as accidents occurring in public buildings or subway stations.
7. Speak With an Experienced Attorney
Elevator and escalator accident claims are complex. A skilled premises liability attorney can:
- Investigate the cause of the accident
- Identify all responsible parties
- Preserve critical evidence
- Handle communications with insurers
An attorney can help you pursue your deserved compensation.
Contact Us for Legal Help
If you’ve been injured in an elevator or escalator accident in New York, contact our experienced Long Island premises liability lawyers at Jacobson Law for help protecting your legal rights.