What to Do After an Elevator Accident in New York

In a city of towering buildings and underground transit, elevators are more than a convenience; they’re essential. But when something goes wrong, the consequences can be devastating. From Midtown office towers to Brooklyn apartment buildings, elevator accidents happen far more often than most New Yorkers realize. Knowing the steps to take after an elevator incident can make all the difference in protecting your rights, health, and future.

What to Do Immediately After an Elevator Accident

The moments after an elevator accident are often chaotic, but your actions can have a major impact on any legal or insurance claims you pursue. First and foremost, seek medical attention. Even if you feel okay, hidden injuries like internal bleeding, concussions, or spinal trauma can take hours, even days, to reveal themselves.

Next, if possible:

• Document the scene with photos or videos.
• Get contact info from witnesses or other passengers.
• Report the accident to building management, but avoid signing anything or making recorded statements.

Finally, contact a New York elevator accident lawyer. Legal representation can help you investigate what happened and preserve critical evidence, including inspection reports, surveillance footage, and maintenance logs, before they disappear.

Understanding Fault and Premises Liability

In elevator injury cases, negligence is often attributed to the building owner, property manager, maintenance contractor, or elevator manufacturer. New York property owners have a legal obligation to maintain safe premises, and that includes elevators. When they fail to meet that duty, they can be held accountable.

Depending on your role at the time of the accident, you may be classified as an:

• Invitee (e.g., tenant, customer, visitor)
• Licensee (e.g., contractor or vendor)
• Social guest
• Trespasser (though property owners still owe some duty of care, especially to children)

Proving negligence typically involves showing:

• The property owner owed you a duty of care.
• They breached that duty through action or inaction.
• That breach caused the accident.
• You suffered damages as a result.

Common Causes of Elevator Accidents

In New York, some of the leading causes of elevator accidents include:

• Mis-leveling: When the elevator doesn't align with the floor, causing tripping hazards.
• Faulty doors: Malfunctioning sensors can lead to painful crush injuries.
• Over-speeding: Sudden acceleration can cause passengers to be thrown against walls or the floor.
• Falls into shafts: Often due to open or improperly secured doors.
• Electrocution: Caused by unsafe or illegal wiring practices.
• Poor maintenance: Failing to perform required inspections or repairs.

What the Law Says About Elevator Safety in NYC

New York City’s Department of Buildings (DOB) enforces strict elevator safety rules, including:

• Mandatory annual inspections
• Periodic testing by certified technicians
• Posting inspection certificates inside every elevator
• Compliance with the NYC Building Code and Elevator Code

Failure to comply with these rules can not only lead to fines, but it can also be used as evidence in an injury lawsuit.

Elevator Accident Injuries: What You Might Be Facing

Elevator and escalator accidents can lead to a wide range of injuries, including:

• Broken bones and fractures
• Spinal cord injuries
• Concussions or brain trauma
• Amputations
• Soft tissue injuries
• Emotional trauma and PTSD

The impact of these injuries can last months, years, or a lifetime, and in some cases, they’re fatal.

Who Can Be Held Liable for an Elevator Accident?

Depending on the details, multiple parties may share responsibility, including:

• Property owners or landlords
• Elevator maintenance contractors
• Building managers
• Construction companies
• Elevator manufacturers
• Government entities (e.g., MTA for subway station elevators)

Morgan & Morgan conducts thorough investigations, often working with elevator safety experts, engineers, and accident reconstructionists to determine exactly what went wrong — and who should pay for it.

What Evidence Helps Build a Strong Case?

To hold the right parties accountable, the following evidence is especially helpful:

• Maintenance records and inspection logs
• DOB violations or past complaints
• Surveillance footage or witness testimony
• Photos or videos of the scene
• Medical records and expense documentation

Elevator Accidents and Workers’ Compensation

If you were injured while on the job, such as a delivery worker or building employee, you may be entitled to workers’ compensation benefits, even if you were partially at fault. In some cases, you may also pursue a third-party claim against a negligent elevator maintenance company or property owner.

How Much Is an Elevator Accident Case Worth?

Every case is different, but potential damages may include:

• Medical expenses (past, current, and future)
• Lost wages or loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Funeral expenses (in fatal cases)

At Morgan & Morgan, we fight for maximum compensation, even when insurance companies or property owners try to minimize your claim.

How Long Do I Have to File?

Deadlines for filing personal injury or wrongful death claims in New York vary depending on the nature of the case and who is responsible for the injury. Claims involving government-owned properties or agencies often require action much sooner than those involving private parties. Acting quickly is essential; critical evidence can be lost, and missing a legal deadline could prevent you from pursuing compensation entirely.

Preventing Elevator Accidents in Residential Buildings

For property owners and landlords, prevention starts with:

• Timely inspections and servicing
• Compliance with DOB regulations
• Routine door sensor checks
• Warning signage during maintenance
• Tenant education on elevator safety

Proper lockout/tagout procedures should always be followed during repairs to protect both workers and residents.

Why Work With Morgan & Morgan?

With over 35 years of experience, billions recovered, and a deep bench of personal injury specialists, Morgan & Morgan is uniquely positioned to help New Yorkers who’ve suffered elevator-related injuries. We understand NYC building codes, have access to seasoned elevator safety experts, and know how to go toe-to-toe with big landlords, insurers, and manufacturers.

And we work on a contingency fee basis, so you don’t pay us unless we win for you.

Injured in an Elevator Accident? Let Us Help You Get Back on Solid Ground.

Whether you were hurt in a Manhattan office building, a Brooklyn apartment, or a Bronx subway station, elevator accidents demand serious legal action. Don’t let negligent property owners, repair companies, or manufacturers off the hook. Morgan & Morgan is here to fight for your right to compensation and justice. Contact us today for a free case evaluation.