A ride between floors in a Vermont office building or apartment complex should never end in trauma. When an elevator suddenly drops, stops abruptly, or its doors malfunction, the trust you placed in that machine is instantly broken, leaving you with serious injuries and a flood of uncertainty. This terrifying experience is often the beginning of a difficult journey, one that can involve significant physical pain and mounting medical bills. Federal data from the U.S. Consumer Product Safety Commission confirms the danger is real, with elevators and escalators contributing to thousands of serious injuries across the country each year, turning a routine activity into a life-altering event.

In the aftermath, it's natural to feel powerless, but it is important to know you have legal rights. You may receive significant compensation from the property owner, maintenance company, or even the manufacturer for your suffering. We created this guide to help you navigate the complexities of elevator injury claims in Vermont. We will walk you through the critical steps to take after an incident, explain how liability is determined, and clarify your legal options, empowering you with the knowledge needed to protect your rights and seek the justice you deserve.

The Surprising Frequency of Elevator Accidents

While elevators are generally safe, accidents happen more often than people realize. National data reveals that thousands of people are injured and dozens are killed each year in incidents involving elevators and escalators. These are not minor mishaps; they often involve significant trauma resulting from sudden drops, abrupt stops, crushing forces, or falls into open shafts.

Common incidents that can form the basis of a personal injury claim for an elevator accident include:

• Misleveling: The elevator car fails to stop flush with the floor, creating a trip-and-fall hazard.
• Sudden Drops or Ascents: A rapid, uncontrolled movement of the elevator car can cause passengers to be thrown around, leading to bone fractures, spinal cord injuries, and head trauma.
• Door Malfunctions: Doors that close too quickly, fail to open, or strike passengers can cause crushing injuries or trap individuals.
• Entrapment: While not always causing physical injury, being trapped for an extended period can lead to significant psychological distress and other health complications.
• Falls into Shafts: In the most tragic cases, faulty doors or a lack of proper barriers can lead to devastating falls down an elevator shaft.

Primary Causes of Elevator Failures

Elevator accidents are rarely random events. They are almost always the result of negligence, stemming from a failure to design, install, or maintain the equipment properly. The root cause often falls into one of several categories:

• Inadequate Maintenance: This is the most common culprit. Elevators are complex machines with numerous moving parts that require regular inspection and service. Failure to lubricate parts, replace worn components, or perform routine checks can lead to catastrophic failure.
• Faulty Installation: If an elevator is not installed correctly according to the manufacturer's specifications and applicable safety codes, it may be unsafe from its first day of operation.
• Design or Manufacturing Defects: The problem may originate with the company that designed or built the elevator. A flaw in the design of a key component, such as the braking system or cables, can make an entire product line inherently dangerous.
• Component Failure: Parts like cables, pulleys, and electronic sensors can wear out over time. A failure to identify and replace these parts before they break is a form of negligence.

Your Legal Rights After Suffering an Injury in an Elevator Accident in Vermont

When an injury occurs, Vermont law allows victims to seek justice through a personal injury claim. These cases are typically built on the legal principle of negligence. To succeed, you and your attorney must prove that another party had a duty to ensure your safety, that they breached this duty, and that this breach directly caused your injuries and subsequent damages.

Most elevator accident cases fall under an area of law known as premises liability. This legal concept holds property owners responsible for maintaining a safe environment for visitors, tenants, and employees.

Determining Liability in a Vermont Elevator Accident

Determining who is at fault is a key step in any claim. Unlike a simple car accident, an elevator incident can involve multiple responsible parties. An experienced elevator accident lawyer in Vermont will conduct a thorough investigation to identify all potential defendants.

Property Owners and Managers

The owner of the building—whether it's a commercial landlord, a residential apartment complex, or a retail store—has a non-delegable duty to keep their premises reasonably safe. This includes ensuring that elevators are in excellent working order. They can be held liable if they knew or should have known about a hazardous condition and failed to take corrective action.

Elevator Maintenance and Service Companies

Most property owners contract with specialized companies to handle elevator installation, inspection, and maintenance. These third-party contractors have a duty to perform their work competently. If their technicians fail to spot a worn part, perform improper repairs, or neglect scheduled maintenance, and an accident occurs as a result, the service company can be held directly liable for its negligence.

Manufacturers and Installers

If the investigation reveals that the accident was caused by a fundamental flaw in the elevator's design or a defect in one of its components, a product liability claim may be brought against the manufacturer. Similarly, the company that originally installed the elevator could be at fault if the installation was performed improperly.

Adherence to Vermont Elevator Safety Laws

The State of Vermont has specific regulations governing the installation, operation, and inspection of elevators to protect public safety. The Vermont Department of Public Safety, Division of Fire Safety, is responsible for enforcing these codes. These rules mandate periodic inspections and adherence to established safety standards.

A violation of these safety codes can be powerful evidence in a personal injury case. Under a legal doctrine known as negligence per se, if it can be proven that a defendant violated a safety statute and that this violation caused the type of harm the law was designed to prevent, negligence is automatically presumed. Your Vermont elevator injury attorney can obtain inspection records and maintenance logs to determine if any safety laws were broken.

Important Steps to Take Following an Elevator Accident in Vermont

The actions you take immediately after an accident can significantly impact your health and your ability to pursue a legal claim.

1. Seek Immediate Medical Attention: Your health is the top priority. Even if you feel your injuries are minor, see a doctor right away. Some serious conditions, like internal injuries or concussions, may not have immediate symptoms. Medical records also create an official link between the accident and your injuries.
2. Report the Incident: Notify the building owner, manager, or security personnel about what happened as soon as possible. Ask them to create a written incident report and request a copy for your records.
3. Document Everything: Use your phone to take pictures of the elevator, the specific malfunction (e.g., the gap between the car and the floor), and your injuries. If there were any witnesses, get their names and contact information.
4. Preserve Evidence: Do not wash the clothes you were wearing at the time of the incident. Keep any physical evidence in a safe place.
5. Do Not Provide a Recorded Statement: An insurance adjuster for the property owner or their maintenance company may contact you. Be polite, but decline to provide a recorded statement or sign any documents until you have spoken with an attorney.

Seeking Justice and Compensation Following an Elevator Accident in Vermont

Victims who sue for an elevator injury in Vermont can seek compensation for the full range of their losses, which are categorized as economic and non-economic damages. The goal of an elevator accident lawsuit in Vermont is to make the victim whole again financially.

Economic Damages

These are the tangible, out-of-pocket financial losses resulting from the injury. They include:

• Medical Expenses: All costs for emergency care, hospitalization, surgery, physical therapy, medication, and any anticipated future medical needs.
• Lost Wages: Income lost while you were unable to work during your recovery.
• Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all, you can be compensated for the loss of future income.

Non-Economic Damages

These damages compensate for the non-financial, personal losses that are often the most difficult part of a serious injury. They include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
• Emotional Anguish: Damages for anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological impacts.
• Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, and life experiences you previously enjoyed.

Reaching an Elevator Accident Settlement in Vermont

The vast majority of personal injury cases do not go to trial. Instead, they are resolved through a negotiated settlement. After your attorney has built a strong case by gathering evidence and calculating your total damages, they will present a demand to the responsible party's insurance company.

The insurer may contest liability or the amount of damages, leading to a period of negotiation. An experienced Vermont elevator injury lawyer will advocate fiercely on your behalf, countering lowball offers and fighting to secure a settlement that fairly covers all of your losses.

Special Cases: A Vermont Workplace Elevator Injury

If your elevator accident occurred while you were on the job, your case involves an additional layer of complexity. Under Vermont law, you are generally barred from suing your employer directly for a workplace injury. Instead, you would file a workers' compensation claim to cover your medical bills and a portion of your lost wages.

However, workers' compensation does not provide benefits for pain and suffering. The important thing to know is that you may still have the right to file a third-party personal injury lawsuit against a negligent party apart from your employer. For example, if your injury was caused by the negligence of the elevator maintenance company, you could file a workers' comp claim and also sue the maintenance company for damages not covered by workers' comp.

Vermont's Statute of Limitations

It is essential to act promptly. Vermont imposes a time limit, known as the statute of limitations, on filing a personal injury lawsuit. In most cases, you have three years from the date of the injury to file your claim. If you miss this deadline, you will likely lose your right to seek compensation forever.

Why You Need a Vermont Personal Injury Attorney for Elevator Accident Claims

Elevator accident cases are technically and legally complex. They require a deep investigation into maintenance logs, inspection reports, and corporate records. The defendants are often large corporations and insurance companies with powerful legal teams dedicated to minimizing their liability.

To ensure you receive the complete and just compensation for elevator injury claims in Vermont, it is essential to engage the services of an experienced attorney. They possess the resources to engage engineering experts who can determine the malfunction's cause, the experience to pinpoint all responsible parties, and the legal expertise to construct a powerful case.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you've suffered injuries in an elevator accident, it's important to know that you don't have to face this challenge by yourself. At Brandon J. Broderick, Attorney at Law, we are committed to helping injury victims stand up for their rights. Our team has the experience and determination to handle complex premises liability cases and fight for the justice you deserve.

We will manage every aspect of your claim, from investigation to negotiation, so you can focus on your recovery. Contact us today for a free, no-obligation consultation to discuss your legal options and learn how we can help you move forward. We are available day or night to assist you.