Family Files Elevator Accident Lawsuit

Posted on January 21, 2015 at 11:22am by

Atlantic City Injury Attorneys Examine the Fenway Park Elevator Accident

Earlier this year, we wrote about a woman who fell down an elevator shaft in Boston’s Fenway Park during a Red Sox game on May 16. The 22-year-old Brigantine resident required weeks of hospitalization and rehabilitation after sustaining lung contusions, a traumatic brain injury and a spinal cord injury in the fall. Now, her family is suing Fenway Sports Group, the company that owns the team and Otis Elevator Company, the company responsible for the elevator’s maintenance. The lawsuit claims that the fourth floor elevator door swung open when she applied light pressure to it, causing her to fall two stories and land on top of the paused elevator 25 feet below. The suit says she will suffer from these injuries for the rest of her life, and that she has already incurred more than $250,000 in medical bills. She is seeking an unspecified amount in damages caused by the elevator accident.

When Can I File a Premises Liability Suit?

This type of lawsuit falls under the umbrella of premises liability law. Property owners have a responsibility to provide a safe environment to guests on the property. Other types of premises liability suits might target:

  • A grocery store that fails to mark a slick area where a slip and fall accident occurred
  • A party host who allowed minors to drink alcohol, after which a guest proceeded to drive drunk and cause an accident
  • A pool owner who failed to put a fence around a swimming pool, resulting in a child’s drowning

In this elevator accident case, the victim’s family is claiming that poor construction and maintenance were the main cause of the injury. To succeed in such a claim, the victim must prove the following:

  1. There was a danger on the property
  2. The owner knew about, or should have known about the danger and made efforts to fix it or warn about it
  3. Someone sustained an injury
  4. The danger on the property was the main cause of the injury

This does not always mean that each injury that occurs on someone else’s property is grounds for filing this type of suit. If the victim is acting in a reckless, dangerous or unreasonable manner, then he or she could be considered at fault for the injury.

When an injury occurs on someone else’s property, either a friend’s house or a commercial property, talk to an attorney to find out what your options are. Atlantic City injury attorneys can assess injuries that occur in casinos, bars and on elevators.