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Everything in life comes with risks; each individual should consider them carefully when deciding on their actions. Of course, some behaviors and activities involve significantly more risk than others. In general, riding an elevator isn’t something that tends to raise a red flag. Unless a building is on fire, using the elevator should never be dangerous, and most of the time it isn’t.
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Modern safety measures include plenty of redundancies to prevent malfunctions and to ensure that any problems that do occur will not present a danger to life or health. Unfortunately, not all apartment buildings follow these safety measures, which is why serious elevator accidents sometimes happen.
The state of Georgia holds landlords legally responsible for the safe operation and proper maintenance of the elevators in their buildings. This encompasses obtaining necessary permits, keeping inspection records for the required period of time, and making sure inspections are performed on schedule. For power-operated elevators, this includes conducting basic inspections every six months, as well as complete load testing every five years, in order to ensure that the elevator’s rating is accurate.
To promote accountability for landlords and peace of mind for residents and guests, each elevator car must have a posted load limit and an inspection certificate prominently displayed in a tamper-resistant frame, so that passengers can see the inspection dates.
The responsibility for following elevator safety protocol cannot be relinquished or transferred from the elevator’s owner, so establishing premises liability is typically straightforward when an accident happens.
Without proper maintenance, the number of things that could go wrong with an elevator are significant. Simply thinking about them is frightening. They include, but are not limited to:
While the responsibility for producing a quality working product initially lies with the elevator manufacturer, once it is installed in an apartment building and inspected, the landlord assumes oversight for managing the maintenance and ensuring that the elevators operate safely. Most apartment elevator accidents result from poor maintenance, which is ultimately negligence of the landlord.
When an elevator is not properly serviced and maintained, accidents happen. And, as you may expect, the resulting injuries and emotional distress can be significant. The most common physical injuries suffered in elevator accidents include:
In addition to the physical injuries, the emotional impact of being in an apartment elevator accident is considerable. Depending upon the circumstances of the incident, the trauma can be significant, and its impact can have long-lasting and life-changing effects. These intangible injuries are very real and must be taken seriously.
Nothing is more devastating than when an elevator accident results in the loss of life. One of these tragic elevator accidents happened at the 444 Suites, a student housing complex in Northeast Atlanta, at the end of August 2021. Three friends were exiting the elevator when it reportedly went into free-fall. The last one to exit, 18-year-old JauMarcus McFarland, was caught halfway out and was crushed between the floor and the elevator’s ceiling. He was trapped there for approximately an hour before rescue crews could extricate him, and he later died from his injuries at the Atlanta Medical Center.
Journalists attempting to cover the story say they have kicked off the property and later provided a statement from management, blaming the incident on residents’ overloading the elevator and claiming that the elevator was up to date on maintenance and inspections. However, residents say that the elevator has had consistent issues and that their past complaints had been ignored. One was even able to provide a picture she took a month earlier of the elevator’s certificate, indicating that it was a year overdue for inspection.
If someone you love has lost their lives in an apartment elevator accident, you may be able to file a wrongful death lawsuit.
“One of the things that sets us apart is that we devote the time, energy, and thought into making sure that we maximize the value of each case we choose.”Matthew Stoddard
Properly maintained elevators don’t simply collapse for no reason. Safety features can even prevent overload damage by locking the elevator in place when an excessive load is detected.
When an elevator accident happens, or any accident for that matter, the most convenient option for a negligent landlord is usually to blame the victim or the innocent bystanders. Survivors and family members who think they’ve done something wrong, or that the landlord was helpless to stop what happened, are less likely to pursue the compensation they’re owed. It’s a common tactic that succeeds all too often on a psychological level, but legally it doesn’t hold water.
In the vast majority of cases, it really is that simple. When survivors realize this, they not only have a much better chance of fair compensation — they can help force property managers to make safety the priority it should be. Never hesitate to contact an elevator accident attorney for advice and counsel on a possible case.
Many apartments with elevators in Atlanta have been host to many accidents and injuries. If you were injured in one, you might be eligible for compensation.
As a victim, you may be wondering what type of damages you can receive. Of course, the answer to this question is dependent upon the accident you were in and its impact on your life. When you file a premises liability lawsuit against your landlord for an elevator accident, you would need to prove the impact on your life. If your attorney can prove your landlord was negligent, you may be entitled to economic, non-economic, and perhaps even punitive damages.
Economic damages often immediately come to mind when an accident occurs. These are concrete and quantifiable. Examples include medical bills (emergency care, follow-up care, medication, and rehabilitation), long-term care, and lost wages and benefits (present, past and future). The ability to look forward is important when determining the damages in your lawsuit. Severe injuries often require long-term medical treatment and even personal care. Your apartment elevator attorney can help you identify the totality of these costs, making sure to calculate future expenses accurately. The party responsible for the elevator accident should compensate you for all the costs associated with your injuries.
Non-economic damages are less tangible and more difficult to quantify, yet they are very real. As a victim of an elevator accident, you know all too well how real the intangibles can be. According to law, you may be eligible to receive compensation for emotional trauma from the event as well as for the pain and pain and suffering associated with your injuries. An attorney experienced in elevator accident lawsuits can help prove these damages and maximize your compensation accordingly.
Finally, if your landlord was found to be extremely negligent, the courts may award punitive damages. Designed to both punish the negligent party and deter others from behaving in a similar manner, these are not commonly awarded but may be when circumstances indicate. Your premises liability attorney can let you know if this type of damages would be applicable with regard to your experience.
Without a doubt, elevator accidents result in both physical and emotional injuries. Therefore, it is likely that your settlement will be a combination of these types of damages.
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Suppose you are a victim of an apartment elevator accident. In that case, there are some very important steps you must take both to manage your health and to maximize your chances of getting an appropriate settlement.
Immediately contact first responders, including the police and paramedics. Your health and well-being must always be your priority. Additionally, the reports they produce can play a critical role in your case. They are valuable evidence. It makes sense to request copies of these reports to your attorney. That said, if you neglected to obtain them, your attorney could request them on your behalf.
If possible, take photos and videos of your surroundings and any injuries you have sustained. Your cell phone is the perfect tool for this. These visuals can prove to be a critical piece of the puzzle as negligence is determined, and damages are awarded.
Finally, identify an experienced and reputable premises liability attorney and contact the firm as soon as possible. Timing is an important component of cases like this.
If you have been injured or lost a loved one because of an elevator malfunction, call The Stoddard Firm at 470-467-2200 to learn more about your rights and how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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