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Drug
Litigation/Drug Recall | Auto Accidents |
Medical
Malpractice ELEVATOR
ACCIDENT CLAIMS CALL FOR YOUR FREE CONSULTATION WITH FLORIDA BAR BOARD CERTIFIED CIVIL TRIAL LAWYER, MARK J. LEEDS. IF THERE IS NO RECOVERY, WE DO NOT CHARGE YOU ATTORNEY’S FEES OR COSTS. NOTE: The Florida Bar has no specific categories of lawyer for individual types of cases within the area of personal injury. Elevator Accidents Statutes of Repose-see chapter 95, Florida Statutes. There is also a specific provision regarding repose to be found in the unlikely statute section called computation of time, which may be found on this web site under the heading for statute of limitations. Building Owner Maintenance Company Misleveling The most common type of elevator accident involved misleveling. The degree to which the elevator is above or below a floor may be a significant issue. Some of the questions that the victim or witnesses may be asked include: Other passengers: Who else was with you, and where were they, towards the front, the middle, side of the elevator? Entry or Exit history: What floor did you enter on and what floor were you going to? What floor had you been on and what floor did you enter the elevator? Your conduct: As you were standing there, were you facing the doors? When the door opened up, what is the first thing you do? Do you look at the threshold door? When you were exiting the elevator, where were you looking? Can we agree that if you were looking down you would have seen the misleveling ? And, that if you would have seen the misleveling the accident would not have happened? Your information about the defect/condition/accident: The degree of misleveling: Did you see the actual difference from floor level? Was it below or above floor level? Anything prevent you from seeing why it wasn't level? What foot did you step with? When you fell, did you fall forward, backward, or to the side? Exiting case: After you tripped and fell, did you look back to see the elevator? Were the doors closed? So, at no point in time did you actually see what it was that your tripped on< and you cannot tell us how much distance, if any, the elevator misleveled? Who is the first person to come to your aid after the accident? If you were inside the elevator and stepping out with the elevator below floor level, what did the inside of the wall look like? What color was it? How many inches/feet was the difference in height between the inside of the elevator and the floor of the building? Your past conduct: Before the date of accident, did you ever establish a habit or routine, pattern or protocol where you would be entering or exiting these elevators and you would be watching where you were walking and seeing what you would be doing because you know that these elevators may mislevel? Note: some of these questions assume you work or live nearby and use the elevator frequently. How many floors are there in the building? Does the building have a maintenance person? Is he always on premises? Did you ever see these elevators in the process of being maintained before? Are you aware of any previous problems with the functioning of the elevator? Did anyone ever point out to you or a fellow passenger that the elevator had a problem? Did you ever observe the elevator to bounce, or the doors to close slowly or incompletely? Any shaking of the elevator before the accident? Any abnormal sounds or smells? Did the door open in a normal fashion? Did your employer ever send a note or notify the building supervisor that the elevators were malfunctioning? Ever pass around a memo or post a note in or outside the elevator? Was there any type of running commentary or joke or complaint in the building before this accident that the elevator in the building had problems in its operation? Did you ever get stuck in the elevators in this building? On what floor, for how long, what was done to place the elevator out of order and out of use? How long before the problem was repaired? As you were lying on the floor or before you left the building, anyone say to you or mention to anyone else that there were problems with that elevator? Had you taken this same elevator earlier? Did it have any problems then? On those past times using the same elevator, did you look down to see if the elevator was level? If you knew that the elevator maintenance company had been there earlier, would you have used that elevator? Why didn't you use the stairs? Overloading Crash / Rapid Descent
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Areas
of Practice