If you were injured on an elevator or escalator, you have the right under North Carolina law to receive compensation for your injuries from the negligent building owner or elevator/escalator operator. Our experienced elevator and escalator accident lawyers can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
With more than 70 years of combined experience, our North Carolina injury lawyers for elevator and escalator accidents deliver more.
If you’re injured while using the elevator or escalator on commercial property, in an office building, at a resort or hotel, or even in a rental house, you have the right to be treated fairly and be compensated for your injuries. When such accidents happen, it’s important to understand who is liable and what steps can be taken to seek compensation for injuries or damages. Some lawyers won’t take these cases. And on top of all that, you only have one chance to get it right.
Premises liability is a legal theory that holds property owners or occupiers responsible for injuries that occur on their property due to hazardous conditions or activities. In North Carolina, the law of premises liability is governed by common law, which means it is based on judicial decisions and precedents rather than statutory law.
Property accidents can cause minor and serious injuries bodily injuries to everyone involved. Some of the most common types of injuries our escalator and elevator accident lawyers see in their cases are:
The personal injuries you suffered in your premises liability accident may entitle you to monetary payments and compensation. Some of the most common types of damages recovered in the cases handled by our Raleigh premises liability injury lawyers are:
Liability laws for elevator accidents vary depending on the circumstances of the accident. Unfortunately, there is little reliable or correct information about elevator and escalator accident claims that is available to the public. Here’s what our team of Raleigh elevator and escalator accident lawyers believe you should know:
In general, property owners are responsible for ensuring that their elevators are properly maintained and safe for use. If an elevator accident occurs, liability may be assigned to one or more parties, including the property owner, elevator maintenance company, or elevator manufacturer.
Property Owner
Under North Carolina law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes ensuring that elevators are properly maintained and free from defects that could cause an accident. If an elevator accident occurs, the property owner may be held liable for any injuries or damages that result.
Elevator Maintenance Company
In addition to property owners, elevator maintenance companies can also be held liable for elevator accidents. These companies have a duty to properly maintain elevators and ensure they are safe for use. If an elevator accident occurs due to a maintenance company’s negligence, the company may be held liable for any injuries or damages that result.
Elevator Manufacturer
Finally, elevator manufacturers can also be held liable for accidents if the accident was caused by a design flaw or manufacturing defect. In such cases, the manufacturer may be held liable for any injuries or damages that result from the accident.
The initial moments and days after your elevator accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
A elevator or escalator accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
95% of elevator or escalator accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of elevator or escalator accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh elevator or escalator injury attorney can help prepare you for what to expect.
There’s no way to precisely value your claim, but an experienced elevator or escalator accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and bicycle accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
Unlike motor vehicle accidents, elevator or escalator accident cases are often hotly contested because most defendants will blame the injured victim. Not only is that not fair, but we also know that it is also not true. However, we have successfully represented clients who were blamed for sticking their arm in closing elevator doors and jumping through a fast closing elevator door, so we can help in your case, no matter the facts.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh elevator or escalator accident lawyer understands that defense and how to work around it.
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most elevator or escalator accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file an elevator or escalator accident claim, so it is in your best interest to get a Raleigh elevator or escalator accident attorney involved as early as possible after your accident.
Elevator or escalator accident liability in North Carolina is determined by the state’s laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from an elevator or escalator accident. That includes state and local regulations for elevator inspections, maintenance, and safety systems.
Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced elevator or escalator accident lawyer in Raleigh can help, guide, and prepare you through this process.
In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.
Many elevator and escalator accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
Hiring an experienced elevator and escalator accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina elevator and escalator accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
In a North Carolina escalator or elevator accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina escalator or elevator accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most escalator or elevator accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death.
There’s no way to precisely value your claim, but an experienced escalator or elevator accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy. Most gas explosions or leaks result in catastrophic damages and potentially the loss of life. Wrongful death claims are evaluated under an entirely different metric than regular personal injury claims.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
Tragedy unfolds in North Carolina year after year with reports of office workers, property guests, and small children being injured in escalator and elevator accidents. Although escalators and elevators provide much needed accessibility for the elderly and individuals with disabilities, they create dangerous risks of catastrophic personal injury or wrongful death when they are installed, maintained, or operated incorrectly. With so much new office and rental construction, new elevators are being installed everyday.
If you find or suspect a escalator or elevator, the most important action you can take is to make sure you and your children avoid using it if possible. Qualities that make an elevator dangerous are sometimes very obvious: cab shaking, doors closing or opening erratically, strange sounds, and unresponsive buttons/features, among others. Most elevators in North Carolina have an safety inspection certificate located inside the cab. If you believe the elevator is unsafe, you can contact the North Carolina Department of Labor (the government entity that inspects the elevators) and report the unsafe features you are observing.
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
If you have been involved in an elevator or escalator accident in North Carolina, there are several steps you should take to protect your rights and seek compensation for your injuries or damages:
Seek Medical Attention:
If you have been injured in an elevator accident, your first priority should be to seek medical attention. Even if your injuries appear minor, it’s important to get checked out by a doctor to ensure you don’t have any hidden injuries or underlying medical conditions. Failure to seek treatment right away can weaken your claims.
Report the Accident Immediately:
You should report the elevator accident to the property owner or manager as soon as possible. This will ensure that there is a record of the accident and that steps can be taken to prevent future accidents.
Gather Evidence of the Elevator or Escalator:
If possible, gather evidence from the scene of the accident, such as photographs of the elevator, witness statements, and any other relevant information. This evidence can be helpful in building your case and proving liability.
Contact an Experienced Elevator Accident Attorney:
If you have been injured in an elevator accident, you should contact an experienced elevator accident lawyer as soon as possible. A lawyer can hire an expert engineer to inspect and examine the elevator or escalator to determine the cause of the accident. The longer you wait after an accident to contact a lawyer, the less evidence that may be available to help prove your case.
Accidents that occur on the property of a business or private party can be difficult to prove and often strongly challenged by insurance companies. Premises liability cases frequently involve arguments that the person who was injured was contributorily negligent (meaning they caused their own injuries due to their inattention or mistakes). This can result in lower recoveries for pain and suffering, lost wages, medical bills, and other damages following an accident.
