Chicago Elevator Injury Lawyer

Fair Compensation for Victims of Elevator Accidents in Chicago

Our Chicago elevator injury lawyers play a crucial role in securing a fair settlement for elevator or escalator accident victims. We have an unparalleled track record of assisting victims of commercial, residential, industrial, and municipal elevator accidents, including those at CTA stations, office buildings, construction sites, parking garages, and apartment complexes.

We will thoroughly investigate the causes of elevator accidents, like poor maintenance or failed inspections. Through our fierce negotiation, we ensure you receive the maximum compensation available. Contact us today for your free legal consultation. 

Settlements & Verdicts Recovered by Our Chicago Law Firm

$1,900,000: Tom died after falling from a significant height in a Lincoln Park apartment building. We held the building owner liable for inadequate maintenance, securing a wrongful death settlement for his family.

$1,500,000: Manuel was injured in an elevator that did not comply with Chicago building codes, situated in the Back-of-the-Yards industrial area. We secured a fair settlement for his serious injuries. 

$835,100: Tina fell in a poorly maintained apartment building around the Gold Coast, leading to extensive injuries. We demonstrated that the maintenance company had been negligent and ensured she had the necessary funds for recovery. 

Why Choose Us for Your Elevator Accident Case in Chicago

Our top-rated Chicago elevator accident lawyers have a 10/10 AVVO rating and 98% success rate, demonstrating our commitment to fierce advocacy for all clients. We have secured over $490 million in settlements and verdicts over the past 25 years, cementing our status in the Million Dollar Advocates Forum. With our extensive resources, you can be assured of a flawless legal case and comprehensive support. 

What Causes Elevator Accidents?

Elevator accidents can occur for a variety of reasons, including the following.

Inadequate Maintenance or Inspections: The Illinois Elevator Safety and Regulation Act requires annual inspections of elevators (225 ILCS 312/5). However, maintenance companies may fail to inspect elevators between these or to address new issues that arise.

Defective Elevator Parts: Elevator equipment must be kept in perfect working order, but it may have design flaws or stress fractures that lead to elevator crashes. This means the elevator manufacturer may be a liable party in a lawsuit. 

Improper Installation or Design: Poorly graded elevator shafts or improperly installed elevator cars can lead to accidents. The building owner should have noticed these issues and fixed them before opening the elevator to the public. 

Code Violations or Safety Issues: Property owners must comply with a range of elevator safety precautions to protect passengers, but many fail to adhere to these regulations.

Inadequate Warning Signs: Elevator passengers may suffer injuries if they are not warned about a significant gap between the car and the shaft, or if they place their hand in the elevator doors in an attempt to stop the sensor. 

Power Surges or Mechanical Failures: Many elevator accident injuries occur when the car suddenly stops due to a power surge or a mechanical component failure.

Negligent Security: The elevator operator has a legal responsibility to ensure that the elevator is properly maintained and safe from vandalism or other issues, and they can be liable if they fail to do so. 

What Are Common Elevator-Related Injuries?

Because of falls from height or rapid acceleration, elevator accidents can result in severe injuries, including:

• Broken bones, especially in the legs and hips
• Spinal cord injuries from sudden stops
• Crush injuries from doors or shafts
• Soft tissue damage
• Traumatic brain injuries
• Lacerations and contusions from sharp objects
• Back and neck injuries
• Amputations and disfigurement
• PTSD, trauma, and elevator phobias

What Financial Compensation Can Victims Injured in an Elevator Accident Recover?

Those injured in an elevator can recover both economic and non-economic damages, which include:

• Medical expenses, including surgery and emergency transport
• Rehabilitation, like physical therapy and occupational therapy
• Lost wages and reduced earning capacity
• Physical pain and suffering
• Emotional distress
• Mental health counseling
• Home health aides, mobility aides, and home modifications
• Loss of enjoyment of life
• Loss of normal life
• Disfigurement or disability

Unlike some other states, Illinois removed the cap on non-economic damages through the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital. This means that juries can award any sum they believe is appropriate, considering the circumstances. 

What Is the Average Payout for Elevator Accidents?

The average payout for elevator accidents is $1,200,806, with a median payout of $475,000. Factors that influence payouts include types of injuries, amount of expenses, the insurance company’s willingness to negotiate, and whether you work with skilled Chicago elevator accident lawyers. 

Example Elevator Accident Cases

Truck driver Patrick Gilbert attempted to enter a freight elevator in a hospital when the door abruptly closed on him, crushing his left hand. He required extensive surgery, including a partial fusion, to regain function. A jury awarded him $15,606,000.00. 

Carpenter Richard Tufaro was boarding an elevator at his worksite after a long day. After he boarded, the elevator dropped two floors and slammed to a stop. He was thrown against the wall and suffered serious injuries to his knees, shoulders, back, and neck. Additionally, Tufaro developed PTSD and anxiety about elevators. A jury awarded him $8,017,025.30. 

Why You Need a Chicago Elevator Accident Lawyer

Elevator accident claims are highly complex. There are often multiple liable parties and a variety of technical evidence that must be reviewed, like inspection records, maintenance records, and industry regulations. Surveillance footage and digital records may be erased quickly, leading to a lack of evidence. 

Lastly, insurance companies will attempt to shift the blame onto the victim, claiming that they didn’t use the elevator properly or were acting recklessly. Our skilled premises liability attorneys can dispute these arguments with strong evidence, like testimony from elevator experts. 

Additionally, we are familiar with what a fair settlement is in cases like yours and will aggressively negotiate to ensure you receive the highest possible compensation. 

How Common Are Elevator Accidents?

On average, 17,000 people are injured in an elevator every year, with about 31 fatalities per year. While these statistics seem high, it’s essential to remember that there are over 900,000 elevators in the United States, which collectively take around 18 billion passenger trips per year. 

These accidents are rare, but they can lead to extreme pain and suffering for victims. Our Chicago elevator accident lawyers are committed to securing justice for individuals injured due to negligent maintenance. 

Where Do Elevator Accidents Happen Most Often in Chicago?

Elevator accidents can occur anywhere, but they are more common in high-traffic areas where maintenance companies cannot afford prolonged downtime to address known issues. These are some of the most common places where people are hurt in elevators. 

• CTA stops, especially on the Red Line and Blue Line
• High-rise apartment buildings in the Gold Coast and River North
• Hotels along the Chicago River 
• Shopping plazas on State Street and Michigan Avenue
• Hospitals, like UChicago Medicine or UI Health
• Nursing homes along Sheridan Avenue
• Parking garages in Wrigleyville and Bridgeport
• High-rise office buildings in the Loop

What Laws Govern Elevator Accident Claims in Chicago?

The Illinois Premises Liability Act allows injury victims to sue for damages if they are hurt on someone else’s property (740 ILCS 130/). It must be proven that the defendant owed you a duty of care, such as rectifying issues with elevators before they could cause injury. 

You must prove negligence by demonstrating that the property owner did or should have known about the defects. For example, our Chicago elevator accident attorneys could show that the elevator did not have an annual inspection as required by the Illinois Elevator Safety and Regulation Act (225 ILCS 312/) and must display the certificate inside the elevator (14X-10-1001.3). 

Typically, you cannot sue for something that is an open and obvious hazard, as evidenced by Genaust v. Illinois Power Co. As an example, if the doors malfunction and the elevator shaft is obviously empty, you may be liable if you fall into the shaft.

The Illinois Joint Tortfeasor Contribution Act means that there can be more than one liable party, such as the property owner and the manufacturer (740 ILCS 100/). The fault will be allocated among all parties, and they will be required to pay a portion of the settlement. 

How Long Do I Have to File an Elevator Injury Lawsuit in Chicago?

The Illinois statute of limitations for personal injury is two years (735 ILCS 5/13-202). Contact us immediately so that we can get started on your case. 

Who Can Be Held Liable for Elevator Accidents in Chicago?

Our top-rated Chicago elevator accident lawyers will thoroughly investigate your case to identify who may be liable for your accident. These can include the following parties. 

Property Owner

Property owners must ensure that their elevators are safe, well-maintained, and secure. If they fail to do so, we can sue them. 

Elevator Manufacturer

Defective elevator part manufacturers can be held responsible if a component, such as a faulty sensor or poorly machined lever, contributed to the accident. 

Elevator Maintenance Companies

Many property owners outsource maintenance to companies like Schindler and KONE, which can be held liable if improper maintenance results in an accident. 

Other Parties

Other potential defendants can include construction companies that install elevators, city and transit authorities for CTA elevators, building inspectors, code compliance contractors, and municipal authorities. 

Common Defenses in Elevator Accident Lawsuits

Insurance companies will work hard to discredit you, making it essential that you work with a top-rated law firm. These are some of their most common tactics, and we will discuss how to defeat them.

Elevator Passenger Fault: The company may claim that you used the elevator incorrectly, such as forcing the doors open; however, we can use surveillance footage and witness statements to disprove this argument.

Lack of Notice: This means the defendant wasn’t aware of the problem before the accident occurred. We’ll provide maintenance logs and other records to support our dispute.

No History of Malfunction: They may state that the elevator was working perfectly, but inspection reports and expert testimony can prove otherwise.

No Defect Found: Post-accident inspections may state that there was no clear reason for the accident. We will retain our own experts who can provide a more nuanced view of the issue. 

Preexisting Conditions: This argument is commonly used for back injuries, such as herniated discs. The insurance agent will state that you were hurt prior to the incident, but we can use medical records to prove that any preexisting conditions are unrelated to the accident. 

How to Strengthen an Elevator Injury Case in Chicago

Your actions can have a significant impact on whether you secure a settlement. Follow these steps as soon as possible.

• Seek immediate medical treatment at the closest emergency room.
• Report the incident to the building owner or property manager. Request a copy of the incident report, including the elevator number.
• Take photos and videos of the surroundings, including door alignment, elevator panel, and surroundings.
• Document your recovery and follow all doctor’s instructions to prove continuance of care.
• Do not speak to insurance companies without your attorney present.
• Contact a skilled Chicago elevator accident lawyer for a legal consultation. 

How a Chicago Premises Liability Attorney Can Help

Your experienced premises liability attorney will guide you through every step of your case, including:

• Investigating maintenance logs and inspection records.
• Preserving evidence like surveillance footage and digital elevator records.
• Identifying all liable parties and informing them of the complaint.
• Consulting with witnesses, elevator experts, and doctors.
• Evaluating your damages, such as medical bills and lost wages.
• Crafting a compelling demand letter with an accurate estimation of damages.
• Negotiating with the insurance agency for the highest compensation.
• Filing a lawsuit and representing you at trial, if necessary. 

FAQs

How much does it cost to hire an elevator injury lawyer?

Our elevator injury lawyers work on a contingency fee basis, meaning that our attorneys’ fees are deducted from your settlement. You do not have to pay anything upfront. 

Can I sue if I was trapped in an elevator but not physically injured?

It may be possible to sue for emotional distress or PTSD when elevator accidents occur, but do not result in physical injuries. However, these personal injury claims are more challenging to win. You should contact an experienced attorney to seek compensation. 

Who is responsible for maintaining elevators in Chicago?

Typically, property owners or third-party maintenance companies are responsible for maintaining elevators. For elevator accidents on government property or at CTA stations, the city or transit authority is responsible for maintenance. 

What if the elevator passed inspection recently?

Even if an elevator car has been recently repaired, defective elevator parts or improper maintenance may still result in serious injuries. Our attorneys will review maintenance records and collaborate with experts to determine the cause of the elevator malfunction. 

Consult Our Chicago Elevator Accident Attorneys

After an elevator accident, you may be left with expensive medical bills and lost wages. Our elevator accident lawyers can recover full and fair compensation for your current and future needs so you can recuperate in comfort. We work on a contingency fee basis, meaning you owe us nothing unless we win. Contact us today for a free consultation.