New York Personal Injury Attorneys Blog

Please note that for those of you handling New York City Elevator Accidents the old system of Local Law 10/81 inspections and two year tests ended on January 1, 2009. The new rule published on April 14, 2010 requires the following inspections and test cycle:

"(5) Inspection and test cycle.

(i) Category 1. Except as otherwise provided by the
commissioner, January first through December thirty-first of each
year.

(ii) Category 3. Except as otherwise provided by the
commissioner, within three (3) years from the month of issuance of
a final certificate for a new elevator or within three (3) years from
the month of the most recent category 3 periodic inspection and
test performed on an existing elevator.

(iii) Category 5. Except as otherwise provided by the
commissioner, within five (5) years from the month of issuance of a
final certificate for a new elevator or within five (5) years from the
month of the most recent category 5 periodic inspection and test
performed on an existing elevator."

For a copy of the new rules click here.

The following basic items should be included in plaintiff's initial Notice For Discovery and Inspection in an Elevator Accident Case occurring in The City of New York and adapted in other areas of the State. See below.

1. A copy of the contract with (Defendant Elevator Co.) pursuant to which they provided maintenance for the elevators at (Defendant Building Owners).

2. All work records for the subject elevator for a period of five (5) years prior to the accident alleged in the complaint herein.

3. All correspondence between (Defendant Owner) and the (defendant elevator company) for a period of five years prior to the date of the accident herein.

4. All estimates relating to the elevator from any and all contractors or others.

5. Inspection reports regarding the subject elevator prepared by (Defendant Elevator Co.). for five years prior to (Date of Accident).

6. The names of all (Defendant Elevator Companies).employees who inspected the elevator for the five year period prior to (Date of Accident).

7. Repair recommendations and/or proposals with regard to the subject elevator submitted by (Defendant Elevator Company)to (Defendant Owner)for the five years prior to (Date of Accident).

8. Service reports for the subject elevator prepared by (Defendant Elevator Co.) for the five year period prior to (Date of Accident).

9. Invoices submitted by (Defendant Elevator Co.) to (Defendant Owner) for the 5 year period prior to (Date of Accident).

10. All documents regarding all 2 year, 5 year and Local Law 10 testing done by (Defendant Elevator Co.) on the elevator at (Building Location).

11. The names of any and all inspection agencies utilized by the defendant, (Elevator Co.) to inspect the elevator at (Building Location). together with the names of the companies insurance carriers.

12. A complete copy of all applicable insurance policies and excess insurance policies, including all self-insured retentions and any other form of insurance afforded defendants which was in effect on the date of the accident herein.

13. (Defendant Elevator CO.) maintenance log for the elevator involved in the occurrence herein.

14. All records of any upgrades made to the elevator involved in the occurrence herein.

15. All bills, cancelled checks, invoices, and/or other proof of payment for 5 year, 2 year, 1 year and local law 10 testing.

If an Electric Elevator is involved ANSI /ASME Standard A17.2.1 should be consulted. If a Hydraulic Elevator is involved ANSI/ASME Standard A17.2.2 should be consulted.

The New York Elevator Accident Attorneys at Gair, Gair, Conason, Steigman, Mackauf, Bloom and Rubinowitz have years of experience representing those who have suffered injury and /or death in Elevator accidents in New York.