Articles Posted in Elevator and Escalator

A man plunged to his death in the shaft of a broken elevator in an apartment building in Flushing Queens, NYC. The man was moving a small refrigerator and he had called the elevator to bring the refrigerator downstairs. When the doors opened the man didn’t realize that the car wasn’t there and he fell down the shaft with the refrigerator. An elevator repairman found him dead with the refrigerator lying on his chest.
Residents of the building say that the elevator was broken and that people would get stuck in it every two to three days. A resident also mentioned that 3 days before when he was in the elevator, the car started to move down while the doors stayed opened. Since 2005 seven complaints have been issued by inspectors for violations according to city records.

Our Partners, Chris Sallay and Anthony Gair settled a New York County elevator accident case for $1,725,000 on behalf of a 64 year old woman. The plaintiff was a passenger in an elevator car traveling at 1000 feet per minute when it came to a sudden, abrupt stop causing her to sustain a severe fracture of her left ankle for which she has had multiple surgical procedures and which has left her with significant disability as a result.

Defendant Elevator Corporation was the sole entity responsible for the safe maintenance, service, operation and repair of the subject elevator. They had a resident elevator mechanic assigned to the subject building on a full–time basis whose duty it was to inspect service and maintain the elevators and their parts in a safe condition. Three days after the subject accident, the elevator was inspected by an elevator inspector with the local Building Department who concluded that the rope grip mechanism on the governor was defective and violations were issued. Defendant strongly maintained that they had no knowledge of the defective governor and that a problem with the power in the building caused the subject accident.

The plaintiff was extricated from the elevator by EMS and was taken via ambulance to a local emergency room. She was diagnosed with a trimalleolar fracture of the left ankle. Over the next year, she underwent 3 surgical procedures and months of physical therapy. Following extensive settlement negotiations with representatives of defendant elevator company, a settlement was reached in the amount of $1,725,000 on the eve of trial.

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.

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.