Antonio Estrada, age 53, was in the Maller’s Building (5 S. Wabash Avenue) in Chicago and entered a Kone Incorporated elevator from the 11th floor. After pressing the button to be taken to the ground floor, the elevator suddenly malfunctioned and began descending rapidly. It came to a sudden and abrupt stop, which threw Antonio to the ground.
As a result of the malfunction, he ruptured his shoulder tendons and needed surgery. He was also diagnosed with a disc herniation in his lower back and may still need spinal fusion surgery. Antonio came to McNabola & Associates, LLC for help and we promptly met his every legal need. We are proud to say that with our 25+ years of legal experience, including many cases involving elevator malfunctions, we were able to bring his case to a successful resolution.
Case Law Related to Elevator Accidents
While Mr. Estrada’s elevator accident case may have been intimidating to other law firms, our Chicago personal injury attorneys at McNabola & Associates, LLC knew just where to begin: State of Illinois case law.
Within Doe v. Rockdale School District No. 84 (1997), it was established that a common carrier is “one who undertakes for the public to transport from place to place such persons or goods of such as chose to employ him for hire.” In Fillpot v. Midway Airlines, Inc. (1994) the court held that common carriers have a duty to exercise the highest standard of care in protecting their passengers. also, McGinley v. HOB Chi., Inc. (2016), an Illinois court clearly stated that in cases involving elevators and elevator accidents, the common carrier is required to exercise the highest degree of care for the safety of the persons riding in its elevators, and that they have the duty of furnishing cars that are safe and equipped with protective appliances.
Using these three established case laws, we were able to show that a duty of care to protect Mr. Estrada was not upheld. Thus, our client was owed compensation for his injuries and damages.
Frequency of Elevator Accidents in America
The thought of being in an elevator accident is frightening but they are remarkably not uncommon. According to research from safety organizations, including the Centers for Disease Control and Prevention (CDC), approximately 25 Americans will lose their lives in elevator accidents each year, and thousands will be seriously injured. Due to the nature of an elevator accident, most incidents of elevator safety failures do result in severe injury, such as those experienced by our client.If you or someone you love have been hurt in an elevator accident in Illinois, let our Chicago personal injury attorneys know during a free case evaluation. With our legal experience and insight into this particular kind of claim, you may be able to get the full compensation that you deserve. Contact our firm today to learn more about your legal options.