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Like the inhabitants of many cities in the U.S., New Yorkers rely upon elevators and escalators as a routine part of everyday life in high-rise office and apartment buildings. So, it is easy to lose sight of the fact that elevators and escalators are complex machines that are capable of a variety of mechanical errors and failures resulting in significant injuries. This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State. Attorneys in other states should review their own states' considerations, which may be very similar.
Proper Defendants
The first consideration in any case involving elevator- or escalator-related accidents is which entities can be held liable for the alleged accident. Given that elevators and escalators are complex pieces of equipment, maintenance and repairs are almost always performed by outside maintenance contractors rather than building employees. Under certain circumstances, liability may rest with both the building owner and the maintenance company, but in other instances, only the building owner would potentially be exposed to liability.
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