Raleigh Elevator and Escalator Accident Lawyers
If you were injured on an elevator or escalator, you have the right under North Carolina law to receive compensation for your injuries from the negligent building owner or elevator/escalator operator. Our experienced Raleigh elevator and escalator accident lawyers can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Elevator Accident Lawyers Serving North Carolina
Our Raleigh Elevator and Escalator Settlements and Verdicts:
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In 2021, we represented a client (and mother) who was severely injured when an elevator door at a South Carolina beach resort suddenly closed on her shoulder causing a labral tear. Our team of premises liability attorneys in Raleigh, who maintain dual licenses in North Carolina and South Carolina, reached a confidential settlement with the beach resort and its management company for $125,000. Read more here.
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In 2023, we represented a client (and mother) who was severely injured when an elevator door at a North Carolina office building suddenly closed on her shoulder and nearly knocking her to the ground. Our team of premises liability attorneys in Raleigh, NC reached a settlement with the property owner, property management company, and elevator service company for $120,500. Read more here.
Raleigh Elevator Accident Claims
If you’re injured while using the elevator or escalator on commercial property, in an office building, at a resort or hotel, or even in a rental house, you have the right to be treated fairly and be compensated for your injuries. When such accidents happen, it's important to understand who is liable and what steps can be taken to seek compensation for injuries or damages. Some lawyers won’t take these cases. And on top of all that, you only have one chance to get it right.
Premises liability is a legal theory that holds property owners or occupiers responsible for injuries that occur on their property due to hazardous conditions or activities. In North Carolina, the law of premises liability is governed by common law, which means it is based on judicial decisions and precedents rather than statutory law.
Common Injuries Caused by Escalator and Elevator Accidents in Raleigh, NC
Property accidents can cause minor and serious injuries bodily injuries to everyone involved. Some of the most common types of injuries our escalator and elevator accident lawyers in Raleigh, NC see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries, including concussions and traumatic brain injuries (TBI)
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Crushing injuries
Fire, electrocution, and burns
Eye injuries
Hearing loss
Amputations
Chest and abdominal injuries
Anxiety and psychological injuries
Damages Our Raleigh Elevator and Escalator Accident Lawyers Can Help You Recover
The personal injuries you suffered in your premises liability accident may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh premises liability injury lawyers are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Elevator and Escalator Injury Claims
Liability laws for elevator accidents vary depending on the circumstances of the accident. Unfortunately, there is little reliable or correct information about elevator and escalator accident claims that is available to the public. Here’s what our team of Raleigh elevator and escalator accident lawyers believe you should know:
1. Who Is Liable If I’m Involved in an Elevator or Escalator Accident in Raleigh, NC?
In general, property owners are responsible for ensuring that their elevators are properly maintained and safe for use. If an elevator accident occurs, liability may be assigned to one or more parties, including the property owner, elevator maintenance company, or elevator manufacturer.
Property Owner
Under North Carolina law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes ensuring that elevators are properly maintained and free from defects that could cause an accident. If an elevator accident occurs, the property owner may be held liable for any injuries or damages that result.
Elevator Maintenance Company
In addition to property owners, elevator maintenance companies can also be held liable for elevator accidents. These companies have a duty to properly maintain elevators and ensure they are safe for use. If an elevator accident occurs due to a maintenance company's negligence, the company may be held liable for any injuries or damages that result.
Elevator Manufacturer
Finally, elevator manufacturers can also be held liable for accidents if the accident was caused by a design flaw or manufacturing defect. In such cases, the manufacturer may be held liable for any injuries or damages that result from the accident.
2. What Should I Do If I’m Involved in an Elevator or Escalator Accident in Raleigh, NC?
The initial moments and days after your elevator accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
Take photos of your injuries
Take photos of the area where you were injured
Visit a doctor if you haven’t already
Follow the doctor’s recommendations and attend all follow-up appointments
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
3. How Do I File an Elevator or Escalator Accident Claim in Raleigh, NC?
A elevator or escalator accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
4. Will My Elevator or Escalator Accident Claim Go to Trial in Raleigh, NC?
95% of elevator or escalator accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of elevator or escalator accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of elevator or escalator accident lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh elevator or escalator injury attorney can help prepare you for what to expect.
5. How Much Will My Elevator or Escalator Injury Claim Settle for in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced elevator or escalator accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and bicycle accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
FREE CASE EVALUATION
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6. What If I’m Partially At-Fault for Causing My Elevator or Escalator Accident in Raleigh, NC?
Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
Unlike motor vehicle accidents, elevator or escalator accident cases are often hotly contested because most defendants will blame the injured victim. Not only is that not fair, but we also know that it is also not true. However, we have successfully represented clients who were blamed for sticking their arm in closing elevator doors and jumping through a fast closing elevator door, so we can help in your case, no matter the facts.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh elevator or escalator accident lawyer understands that defense and how to work around it.
7. How Long Do I Have to File an Elevator or Escalator Accident Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most elevator or escalator accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file an elevator or escalator accident claim, so it is in your best interest to get a Raleigh elevator or escalator accident attorney involved as early as possible after your accident.
8. What is the Process for a North Carolina Elevator or Escalator Claim?
Elevator or escalator accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from an elevator or escalator accident. That includes state and local regulations for elevator inspections, maintenance, and safety systems.
Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced elevator or escalator accident lawyer in Raleigh can help, guide, and prepare you through this process.
In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.
9. How Much Does an Elevator or Escalator Accident Lawyer in Raleigh, NC Charge?
Many Raleigh elevator and escalator accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
10. What Does a Raleigh Elevator or Escalator Accident Lawyer Do to Help?
Hiring an experienced Raleigh elevator and escalator accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina elevator and escalator accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
11. What Happens After I File an Elevator or Escalator Accident Claim in Raleigh, NC?
In a North Carolina escalator or elevator accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina escalator or elevator accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
12. What Is the Statute of Limitations in North Carolina for Elevator or Escalator Accident Claims?
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most escalator or elevator accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death.
13. What is the Average Settlement for an Elevator or Escalator Accident Claim in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced escalator or elevator accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy. Most gas explosions or leaks result in catastrophic damages and potentially the loss of life. Wrongful death claims are evaluated under an entirely different metric than regular personal injury claims.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
14. What Should I Do If I Suspect or Find an Dangerous Elevator or Escalator in North Carolina?
Tragedy unfolds in North Carolina year after year with reports of office workers, property guests, and small children being injured in escalator and elevator accidents. Although escalators and elevators provide much needed accessibility for the elderly and individuals with disabilities, they create dangerous risks of catastrophic personal injury or wrongful death when they are installed, maintained, or operated incorrectly. With so much new office and rental construction, new elevators are being installed everyday.
If you find or suspect a escalator or elevator, the most important action you can take is to make sure you and your children avoid using it if possible. Qualities that make an elevator dangerous are sometimes very obvious: cab shaking, doors closing or opening erratically, strange sounds, and unresponsive buttons/features, among others. Most elevators in North Carolina have an safety inspection certificate located inside the cab. If you believe the elevator is unsafe, you can contact the North Carolina Department of Labor (the government entity that inspects the elevators) and report the unsafe features you are observing.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
16. Why Are Elevator and Escalator Accidents So Common in Raleigh, NC?
Frequently property owners don’t treat guest safety as a priority and fail to keep the machinery maintained
Older properties often have older machinery, which are expensive to replace but are past their useful life
Because of poor supervision or lack internal policies, the machinery is frequently not inspected or regularly maintained, including elevator doors (where most accidents occur)
Property owners often fail to post hazard signs to warn the public of hidden or unknown dangers
17. What Should I Do After an Elevator or Escalator Accident in Raleigh, NC?
If you have been involved in an elevator or escalator accident in North Carolina, there are several steps you should take to protect your rights and seek compensation for your injuries or damages:
Seek Medical Attention:
If you have been injured in an elevator accident, your first priority should be to seek medical attention. Even if your injuries appear minor, it's important to get checked out by a doctor to ensure you don't have any hidden injuries or underlying medical conditions. Failure to seek treatment right away can weaken your claims.
Report the Accident Immediately:
You should report the elevator accident to the property owner or manager as soon as possible. This will ensure that there is a record of the accident and that steps can be taken to prevent future accidents.
Gather Evidence of the Elevator or Escalator:
If possible, gather evidence from the scene of the accident, such as photographs of the elevator, witness statements, and any other relevant information. This evidence can be helpful in building your case and proving liability.
Contact an Experienced Elevator Accident Attorney:
If you have been injured in an elevator accident, you should contact an experienced elevator accident lawyer as soon as possible. A lawyer can hire an expert engineer to inspect and examine the elevator or escalator to determine the cause of the accident. The longer you wait after an accident to contact a lawyer, the less evidence that may be available to help prove your case.
18. Why Do You Need a Lawyer for an Elevator or Escalator Accident in Raleigh, NC?
Accidents that occur on the property of a business or private party can be difficult to prove and often strongly challenged by insurance companies. Premises liability cases frequently involve arguments that the person who was injured was contributorily negligent (meaning they caused their own injuries due to their inattention or mistakes). This can result in lower recoveries for pain and suffering, lost wages, medical bills, and other damages following an accident.
19. How Do I Find the Best Raleigh Elevator Accident Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Raleigh Elevator and Escalator Injury Statistics
Elevators are an essential part of modern life, providing a convenient means of transportation for people and goods in high-rise buildings. While they are generally considered safe, accidents can and do occur, sometimes with devastating consequences. According to data provided by the U.S. Bureau of Labor Statistics, elevators and escalators kill more than 30 people every year while injury more than 17,000 in the US. In North Carolina, roughly 20-30 elevator and escalator incidents are reported every year. However, our elevator accident lawyers know that elevator injuries and “near misses” are often underreported.
Fortunately, records regarding elevator and escalator inspections, violations, and safety issues are made publicly available by the North Carolina Department of Labor. However, unfortunately, thousands of elevators in North Carolina are overdue for safety inspections , with nearly 2,000 elevators with overdue inspections in Wake County alone. This include both public elevators and elevators in residential homes, which are a frequent culprit in the death of young children in vacation homes.
Free Elevator Injury Case Evaluation
If you or a loved one have been injured and want to know your legal rights, our experienced Raleigh personal injury lawyers are available to help.
Raleigh Elevator and Escalator Injury Cases We Handle
We can help with any elevator or escalator injury claim, but the accidents listed below are the most common elevator and escalator injury claims we handle in North Carolina:
Door closing injuries
Sudden drops
Fast closing doors
Arm crush and tear
Entrapment
Mechanical Failure
Operator Error
Inadequate Maintenance
Inadequate Inspections
Design Flaws
Installation Errors
Toe and sandal injuries
Raleigh Injury Lawyer Prices
For transparent pricing on what our Raleigh elevator and escalator injury attorneys charge to help you with your accident, please review our upfront pricing policies.
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Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh personal injury lawyers always provide free consultations for potential clients
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Even if the at-fault party’s insurance company blames you for the accident, our Raleigh injury attorneys can help you recover the maximum amount of compensation that you deserve for your damages. Contact us for a free consultation.