Originally published by Haynes and Boone Benefits Group.
Why Did the Accident Occur?
The first step to determining liability for your elevator accident is to determine how the accident occurred. Did the elevator’s owner fail to have the elevator inspected properly? Did the operator of a tour company jam too many people into the elevator as you all traveled to the top of the building to see the view? Did someone on the elevator push you in order to be the first one on or off?
Maybe your elevator accident occurred because of a combination of all of these things. Think about how your accident occurred. From there, you can work to determine whose behavior caused your injuries.
Who Could Have Acted Differently to Prevent the Accident?
The key to determining liability for your elevator accident is figuring out who acted negligently. To act negligently means to behave in a way that doesn’t use the amount of care and caution that a reasonable person ought to always use in the same set of circumstances. When another person isn’t careful in their actions and their lack of care results in your injuries, they’re usually responsible for your losses.
In the case of an elevator that didn’t receive its necessary inspections, the liable party is the entity that didn’t schedule the inspections. If it’s the tour group that loaded the elevator too full, they’re the ones liable. When your injuries occur because someone pushes and shoves on the elevator, they’re personally liable for your injuries. You can look at the cause of your accident and determine whose behavior results in your injuries.
Sometimes, liability may be shared. In the case of someone pushing and shoving, perhaps the company that owns or operates the elevator should have had more security to prevent customer misbehavior. In that case, both the person shoving and the tour group may have some liability for your accident. A lawyer from a firm like Sackstein, Sackstein & Lee, LLP may be able to help.
Determining Liability for an Elevator Accident
Figuring out liability after an accident with an elevator is a matter of cause and effect. Consider how the accident occurred. Then, determine who could have acted differently in order to prevent the accident from happening. If a person or entity could have used more care to prevent the accident, they’re likely liable for your injuries.
This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, and family issues. She lives in Arizona with her husband and three beautiful daughters. You can find Dixie on Facebook.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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