Can I sue for getting stuck in an elevator? This is a common question people have when it comes to elevator negligence claims in Texas.
The short answer: Yes.
But, the long answer is that it all depends. There is quite a bit of gray area when it comes to proving negligence and harm in the case of an elevator stoppage.
If you’ve been stuck in an elevator and you feel that your injuries and your pain and suffering justify compensation, you’ll want expert legal help. Proving your case and winning a settlement can be complicated, so it’s not recommended to try and go it alone.
Legal experts take most of the stress out of the process when it comes to elevator claims. That way, you can focus on recovering your mental and physical health after an elevator injury. There may be multiple parties to sue and long timeframes before you see restitution.
Also, elevator injury claims due to getting stuck are harder to pin down because in most cases, getting stuck in an elevator does not directly result in any harm or injuries.
But, in some cases, getting stuck in an elevator may lead to physical or emotional harm that could justify a personal injury lawsuit.
Here’s a quick hypothetical story that can help you judge whether your case of getting stuck in an elevator justifies a lawsuit:
Jon and The Superintendent
Scenario #1:
Jon has happily lived in his apartment for years. One day, he’s on the elevator ride to his 8th-floor apartment after work when the building superintendent accidentally shuts off power to the elevator. The elevator stops and goes black, and Jon starts to panic.
A full minute (60 seconds) passes before the super realizes his mistake, and he restores power to the elevator. Jon is noticeably shaken up because he has a history of claustrophobia.
His entire evening is ruined because of the elevator mishap, and he can’t get to sleep on time. He wakes up tired the next day and is grumpy as a result.
While this is a bummer for Jon, it’s probably not worth a lawsuit.
Scenario #2:
Now, let’s say Jon is riding the elevator on his way home from work and the super disconnects power to the elevator and goes home for the evening. Jon stays the night trapped in a dark elevator with no operational emergency phone or way to call for help.
As a result of this, Jon is psychologically shaken to his core. He cannot work or function like normal for a period of weeks after the incident due to diagnosed PTSD and severe claustrophobia.
On top of missing work, he requires mental health treatment and other expensive services as a result of being trapped in his apartment’s elevator for such an extended period of time. He also has to move to an apartment without an elevator for fear of getting trapped.
In this case, Jon has firm footing for a lawsuit to cover the damages he suffered.
Conclusion:
There is no way to guarantee how your particular elevator negligence claim will pan out until you put it in front of a legal expert that knows how elevator negligence claims work. If you’ve been subject to undue harm and suffering because of being stuck in an elevator, it’s worth getting a risk-free case evaluation from elevator injury claim attorneys.
That way, you can find out if your case qualifies without having to put up money for legal help. There is no reason to hesitate. If you have any questions or concerns, feel free to reach out and contact us.
