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I was exiting an elevator when I tripped and fell and broke my hip on a marble floor. When I looked back, the elevator floor was much lower than the marble floor, which caused me to trip. Can I sue for my injuries?

 

A:

Yes. If the elevator was not level, as required by applicable regulations, then you may be able to bring a lawsuit against the party responsible for the elevator.  Pursuant to the Americans with Disabilities Act (ADA), section 4.10.2, elevators must have a self-leveling feature which automatically brings the elevator car to floor landings within a tolerance of ½ inch.  In other words, when an elevator door opens, the height difference between the elevator floor and the floor landing can’t be greater than ½ inch.  If the height difference between the elevator floor and floor landing is greater than ½ inch, it can cause individuals, particularly individuals using walkers or wheelchairs, to get hurt.  The height difference between the landing and the elevator floor is a tripping hazard.

Pursuant to Pennsylvania trip and fall accident law, the owner of a building owes a duty of care to building occupants and visitors.  Specifically, the owner has a duty to keep the people using elevators in the building safe from unreasonably dangerous conditions.  However, the owner may not be the only party liable for your injuries; other parties may be responsible as well.  The owner of the building may have hired a management company or an elevator maintenance company to maintain and inspect the elevator.

Because there may be multiple parties, a careful investigation must be conducted.  Service and maintenance records must be examined to determine liable parties.  An inspection of the elevator should also be conducted. Therefore, it is important to speak to a PA or NJ fall down accident lawyer about your case.  Feel free to call me at 877.944.8396 to discuss your potential trip and fall accident case further.

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