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Yes, this is true. The August accident in New York that left a father dead created a wave of attention over the safety of high-rise elevators. Manhattan’s death is still under investigation by the city. Furthermore, the family is on the verge of filing a wrongful death case. According to the info available, an elevator crushed Sam Waisbren as he exited the Manhattan Promenade building over the summer.
The New York Post covered the aftermath of the tragedy. New York’s government acted swiftly after the accident. Its Legislature passed a law now on Governor Andrew Cuomo’s desk. The Elevator Safety Act establishes guidelines for the 70,000 elevators in New York city’s high rises. For starters, it calls for better maintenance and training for mechanics. Overall, the measure was in the Legislature’s court for years but only passed after the fatal accident brought the issue front and center.
From a legal perspective, the state is doing its due diligence. The Elevator Safety Act comes after 30 other countries passed similar measures. Also, the largest union handling such elevator issues supported the bill. For the family of Mr. Waisbren, there are multiple options open. Of course, if the state did not require proper elevator safety, it could also be liable. Also, the operator of the elevator itself and its maintenance crew could be on the hook.
All records regarding the tune-ups and inspections of the elevator may show a lack of responsibility. Furthermore, the building owners had an implicit expectation of care. If they did not properly care for the system, they are legally responsible. This includes double if they received a warning about the elevator’s safety in the past. Such liability for wrongful death is often open and shut.
If this story is familiar, your family may also be victims of reduced elevator liability. Our legal experts at the Ehline Law Firm APLC are here to discuss your legal options and will be writing more about this issue in the weeks and months to come.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.