Elevator Injury Attorney in Las Vegas
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Elevator Injury Attorney in Las Vegas
Although they are not as common, elevator and escalator accidents do occur on the Las Vegas strip. Unfortunately, elevator accidents could lead to severe injuries, and even permanent disfigurement. Having a trusted attorney that is well-versed in Nevada law is one of the best things you could do for yourself if you have been involved in an incident in an elevator, or while riding an escalator.
There has not been a specific study done on elevator accidents in Las Vegas. However, according to the United States Bureau of Labor Statistics, there were around 40 elevator accident fatalities and around 20,000 injuries caused by elevator accidents in a single year. This number is steadily increasing, and should actually be higher given that these are just the reported elevator accidents.
The Las Vegas strip has hundreds of different types of elevators and escalators all around the hotels, casinos, restaurants, and malls. Under Nevada law premises liability, all landowners and property owners have a duty to make sure that their property is free from any dangers. This means that property owners must maintain the property, including all fixtures, elevators, and escalators. If elevators and escalators are not inspected properly, and not repaired properly, it could result in devastating injuries for tourists and employees.
In the event that you have been involved in an elevator accident in Las Vegas, it could get a bit tricky when determining which parties are responsible for your injuries. Other parties might all try to point fingers at one another to avoid paying you any compensation. It takes a highly qualified Las Vegas attorney to hold negligent parties responsible to get you fair compensation.
Can you file a lawsuit for injuries in an elevator accident in Las Vegas?
Yes, you can. Under Nevada law, you are able to file a lawsuit for injuries suffered in an elevator accident in Las Vegas. An elevator accident doesn’t just simply happen on its own. There needs to be some type of negligent act on behalf of a party in order for the elevator to act up and cause injuries. You can hold the negligent party responsible for the injuries that you have suffered. Give us a call today to discuss how to move forward with your potential lawsuit.
What do I have to prove for my elevator accident lawsuit?
Elevator and escalator accidents fall under a premises liability case. Premises liability is a specific type of case that holds the landowner responsible for their negligent actions. In order to prove that the landowner was negligent in a premises liability case, you must have to show:
- Duty: The landowner had a responsibility to maintain and repair the escalators and elevators on their property. This is known as the duty of care that the landlord was under.
- Breach: The landlord failed to follow that duty of care, and failed to inspect or repair elevators and escalators.
- Causation: Because the landowner failed to take these necessary measures, the victim was injured on the property in an accident.
- Damages: The victim now suffers injuries from the elevator or escalator accident.
This is a general overview of the different elements that your attorney will have to gather enough evidence for. Although it may seem very little, these elements require months, even years of investigating and extensive research. That is why having a trusted Las Vegas attorney on your side will help when proving the other party was liable.
What causes elevator or escalator accidents in Las Vegas?
- Brakes have not been properly maintained
- Doors that do not have sensors, and close automatically
- Jams in the door
- Open elevator shaft
- Defects in the door
- Elevators that do not close completely when going through floors
- Escalator belt that has not been properly maintained
- Uneven elevator
- Loose clothing
- Inadequate warning signs
- Motor failure
What are common elevator accident injuries?
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Burn injuries
If your injuries have been caused by another negligent party, give our attorneys a call today to hold the responsible parties liable for the damage that they have caused. You should not have to pay thousands of dollars for your medical bills simply because it was caused by another party. Give our Las Vegas lawyers a call today to discuss your situation.
What if I was also responsible for my elevator accident?
Nevada has a set of comparative negligence laws. Each state has a different take on how they are to compensate the victim of an accident if they were partially responsible for their injuries. Nevada law states that if the victim was more than 51% responsible for their injuries in an accident, then they will not recover anything from the responsible party.
However, if the victim was responsible for less than 51% of his injuries, then he could recover compensation. This percentage is determined by several factors and will require several different types of evidence in order to prove how much each party was liable.
This percentage is determined by an in-depth investigation into the elevator accident. Insurance companies and other third-party attorneys may try to blame the victim for the injuries they have sustained in the elevator accident. For example, they may try to say that the victim was wearing loose clothing that got caught in the elevator.
Which parties are liable in an elevator and escalator accident?
The simplest answer may be the property owner. However, with large buildings in Vegas, there could be several other parties that could be held responsible themselves. Some examples include:
- Property management companies: Typically, hotels and resorts are managed by a separate third party
- Other visitors: Sometimes, it could even be other property visitors that could cause the elevator or escalator accident
- Maintenance companies: Property managers hire third-party maintenance companies to maintain and repair appliances, pools, escalators, and elevators
- Elevator manufacturer: If there was a defect in the elevator or escalator and the defects caused the accident, then you’re able to hold the manufacturer responsible under a product liability lawsuit. A product liability lawsuit is a specific type of lawsuit that deals with defects in products. This is a very complex type of lawsuit, and will need as much information as possible. Give our products liability attorneys a call today if you believe that your escalator or elevator accident was caused by a defect.
What should I do after an elevator or escalator accident in Las Vegas?
- Get medical assistance right away. Getting evaluated by a medical professional will help determine what type of injuries you have suffered, and the severity of the injuries. A medical professional will also be able to determine what type of treatment you need and whether you may need future permanent treatments. Usually, elevator and escalator accidents result in severe injuries that may need months, even years of medical attention. Further, failing to go to a medical professional after an accident could work negatively in your favor. The other party may put the blame on you, and say that because you didn’t get the medical treatment you need, you instead caused your own injuries.
- Try to gather as much evidence as possible after the accident. It may be difficult, especially because you may be initially going to the hospital after the accident. After the accident, contact the property owners for footage or video surveillance of the incident. If there are any eyewitnesses, make sure you get their contact information. Usually, Las Vegas elevators are very busy, and may have a couple eyewitnesses to any elevator accidents.
- Contact a Las Vegas elevator and escalator attorney for assistance filing a lawsuit against the negligent party. Do not go unrepresented on your own. Typically, other parties will try to manipulate your words into getting you to admit false statements. Our top rated attorneys will take a look at your case during your free case evaluation, and will begin working for you to fight for your rights aggressively. Nevada law is different from the laws of other states. That is why you need a highly qualified Nevada attorney to make sure that they are knowledgeable about all the laws and could get fair compensation for you.
When should I file my Las Vegas elevator or escalator lawsuit?
In Nevada, you have two years from the date of the accident and injuries to file your lawsuit. After that deadline, you will not be able to file a lawsuit against the negligent party and collect compensation.
However, this time may be increased or paused depending on the circumstances. Do not take chances, and speak to our Las Vegas elevator lawyers immediately after being involved in an elevator accident.
Our Las Vegas escalator attorneys are available 24/7 to answer any questions or concerns you may have regarding your escalator and elevator lawsuit. Our experienced attorneys are also located in a Las Vegas office near you. In order to get the best possible legal outcome, you should hire an experienced Las Vegas attorney. Call our attorneys today to discuss your case.
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“Saman is by far true to his word. He truly was available at all times and always kept me updated. In the end, he settled my case with a great results. He didn’t treat me like a file, he treated me as if he was representing family. If you are looking for open, fast, thorough and a detailed lawyer, look no further. I will definitely recommend him to anyone seeking legal services who wants to feel assured that they are in the best hands.”
“I was injured in a car accident. The lawyer made sure that I went to my chiropractor sessions and that I get the medical attention needed. I also got MRI’s as needed and also got back injections as needed. He was very persistent on contacting me, even when I wasn’t reachable, and making sure that I got treated right and paid a good amount at the end. He is a very respectful person and great lawyer.”
An Extraordinary Experience
“Thank you for your unwavering commitment to my case. Words do not adequately describe my feelings, when no one seemed to care about an old vet with an injury you were there. I can remember as clearly as though it were yesterday, your sincerity and desire to help me. For that, I will always be grateful. Your endless commitment of time, financial resources and a personal concern for my physical well being surpassed anything I could have expected or imagined.”
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