{"id":368915,"date":"2023-03-14T17:01:29","date_gmt":"2023-03-14T22:01:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-if-i-get-stuck-in-an-elevator.html"},"modified":"2023-03-14T17:11:06","modified_gmt":"2023-03-14T22:11:06","slug":"can-i-sue-if-i-get-stuck-in-an-elevator","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-if-i-get-stuck-in-an-elevator.html","title":{"rendered":"Can I Sue if I Get Stuck in an Elevator?"},"content":{"rendered":"\n
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Can I Sue if I Get Stuck in an Elevator?<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If you suffer harm in an elevator accident due to the negligence of the building owner or elevator manufacturer, you may be able to sue. Property owners, elevator manufacturers, or maintenance companies can be held liable if they fail to ensure the elevator is safe. <\/p>\n\n <\/div>\n\n\n\n

You may be able to recover damages for medical expenses, lost wages, and pain and suffering resulting from the incident. In some cases, courts may also award compensation for emotional distress or even punitive damages if the negligence was especially reckless.<\/p>\n

The U.S. Consumer Product Safety Commission (CPSC) recalled more than 100,000 residential elevators<\/a>\u00a0from 2021 to 2022. While it may be reassuring to know the government acted before more people were hurt, many people still fall victim to elevator injuries.<\/p>\n

Most personal injury attorneys can handle elevator injuries. But to build the strongest case, it’s better to consult a\u00a0lawyer<\/a> with experience in premises liability law.<\/p>\n

Inconvenienced vs. Injured<\/h2>\n

The first thing to consider is whether you suffered serious harm. This question is helpful if you’re weighing your legal options<\/a>.\u00a0<\/p>\n

It’s not enough that you suffer an inconvenience from getting momentarily stuck in an elevator. Something went wrong, and you lost some time in the process. Yet, you would not have suffered substantial harm in that scenario.<\/p>\n

But you can take legal action for being stuck if you reasonably suffered from a physical injury or emotional distress. These issues usually means there was a serious elevator malfunction.<\/p>\n

Types of Elevator Injury Claims<\/h2>\n

An elevator malfunction may not be enough reason to sue on its own, but injuries can create a legal basis for a claim due to negligence.<\/p>\n

This type of case may be easier to understand with an example.<\/p>\n

Alex is out and about on their shopping day. In between visiting different stores, Alex goes up and down stairs and steps onto all kinds of escalators. As a normal part of life, Alex also has to step into elevators from time to time, whether it’s to get to their apartment or to reach the top floor of their favorite department store.<\/p>\n

Alex’s favorite mall is only accessible through an elevator. As the elevator doors open, Alex steps in and presses the button to get onto the next floor. Unfortunately, things don’t go as planned. As the doors close, the elevator jolts up and down. Alex frantically presses the emergency button, but nothing seems to be working.<\/p>\n

Onlookers hear Alex’s scream through the elevator shaft, and they call the fire department.<\/p>\n

By the time rescue arrives, Alex has suffered serious injuries, including:<\/p>\n