Por Matthew V. Villani, Esq.

“Complex instrumentalities”, such as elevators, are frequently the cause of personal injuries.  According to the United States Bureau of Labor Statistics and the Consumer Product Safety Commission, on average, 27 people are killed in elevator accidents each year.  The same study revealed that on average about 10,200 people are injured by elevators each year.  Most of these accidents and injuries are said to be caused by “door malfunction, carriage misalignment with floors, and passenger safety vulnerabilities.” [i]

Commercial property owners are under a duty to inspect and maintain their elevators and ensure they are in safe operating condition.  [ii]  This duty is “nondelegable.”  Therefore, a commercial property owner cannot disclaim responsibility simply by arguing that it hired an agent or service company to maintain the elevator.  [iii]  The New Jersey Appellate Division has stated that a commercial property owner’s duty to those using their elevators includes:

systematic inspection, testing and repair of relays, related solid state components and devices, wiring in the machine room, and all circuits and time settings required to ensure that the elevator system functioned safely.  [iv]

Here at Ginarte Gonzalez Winograd L.L.P., we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.