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Each day, people at grocery stores, shopping malls, restaurants, and other retail stores rely on elevators to get from one floor to another. When you use an elevator at any retail establishment, you expect to be safe. Unfortunately, however, that is not always the case.
If you or someone close to you has been injured in an elevator accident in a retail store, it is important to seek the help of a Chicago elevator accident lawyer who can evaluate the facts of your case. A lawyer can help pursue financial compensation for your losses in a personal injury lawsuit.
At Charlie Therman Injury & Accident Lawyers, P.C., we have more than 75 years of combined experience serving victims throughout Cook County. Contact us today for a free case consultation with a retail store elevator accident lawyer in Chicago.
Dedicated Injury Lawyers Assisting Victims in the Chicago Area
Our Chicago personal injury lawyers are dedicated to helping injury victims fight against insurance companies and secure justice. Our team has recovered over $100 million for deserving clients and can hold property and building owners accountable for their negligence.
Our lawyers have experience as former insurance attorneys, so we have insider knowledge of how insurance companies work. We know how they assess claims and can counter the tactics they use to avoid paying.
Retail Elevator Accidents Can Cause Severe Injuries
The United States Bureau of Labor Statistics reports that dozens of people are killed in elevator accidents each year, and thousands across the U.S. are injured. The majority of these accidents are related to:
- Elevator door malfunctions (e.g., door entrapment)
- Faulty wiring
- Carriage misalignment and improper leveling
- Falls in open elevator shafts
- Passenger slip and fall incidents
- Defective products (e.g., pulley systems)
- Malfunctioning control systems
- Safety device failures
Depending on the nature of the accident, elevator accidents can lead to a wide range of injuries, including the following:
- Bruising and soft-tissue injuries
- Head injury and traumatic brain injury
- Broken bones and fractures
- Spinal cord injuries
- Hand, arm, and wrist injuries
- Leg, torso, and hip injuries
- Crushing injuries and amputations
Pursuing a Claim for Compensation Following an Elevator Accident in a Retail Store
Business and property owners have a responsibility to ensure that their properties are safe for the public. In Illinois, as in other states, the status of the plaintiff at the time of the injury is an important part of the case.
Individuals who are invited onto the retail property for the mutual benefit of the owner, such as customers at a retail store, are considered “invitees.” Invitees are owed the highest duty of care of any type of visitor.
Part of this duty includes an obligation to inspect the property for potential dangers and then either remedy the problem in a reasonable amount of time or adequately warn the public of the dangers. If a property owner fails to take these measures, they can be liable when an individual is injured in an elevator accident on the property.
Proving Liability In Chicago Elevator Accidents
In order to establish liability for an elevator accident in a retail store, the plaintiff must demonstrate the following elements:
- The defendant owed the plaintiff a duty of care.
- The defendant breached the duty of care owed to the plaintiff either by an action or by a failure to act.
- The defendant’s breach was a direct cause of the elevator accident
- The plaintiff suffered quantifiable damages as a result of the accident.
In Illinois personal injury cases, as in other civil cases, the burden of proof is on the plaintiff to show that the defendant was negligent by a preponderance of the evidence. This standard requires the plaintiff’s proof to support the greater weight of the evidence. Relevant evidence may include:
- Surveillance footage showing the accident
- Accident or incident reports
- Medical documentation and expert testimony regarding your injuries
- Elevator maintenance records
- Eyewitness accounts regarding elevator problems
Damages You Can Recover After an Elevator Accident
After liability is established, the plaintiff will be able to recover a range of economic and non-economic damages for their harm. Economic damages compensate you for losses like:
- Emergency medical bills and future medical expenses (e.g., rehabilitation costs)
- Lost wages and other forms of employment compensation
- Miscellaneous injury-related expenses
- Cost of replacement household services
These types of damages are intended to compensate the injured party and put them back in the position in which they would have been had the accident not occurred. Non-economic damages are awarded for non-monetary harms and include:
- Pain and suffering, mental anguish, emotional distress
- Loss of enjoyment or capacity to engage in hobbies
- Discomfort and inconvenience from scarring or disfigurement
If your loved one has died in an elevator accident, we can file a wrongful death claim to recover your losses.
Contact a Chicago Retail Store Elevator Accident Lawyer to Discuss the Details of Your Case
Unfortunately, elevator accidents are more common than you may think. If you or someone close to you has been injured in an elevator accident in a retail store, you need to reach out to a seasoned Chicago premises liability lawyer who can assert your rights.
The team at Charlie Therman Injury & Accident Lawyers, P.C., has the experience and skill to handle your claim. Our goal is to help you get the compensation that you need to move on with your life. Our injury lawyers also represent victims in cities such as Carol Stream, Glendale Heights, Lombard, Villa Park, Addison, Elmhurst, West Chicago, and Lemont.
To discuss your case in more detail, call us by phone or contact us online for a free consultation with a retail store elevator accident lawyer in Chicago.
