The family of a Manhattan man killed in a horrific elevator accident at his luxury apartment complex intends to file a wrongful death lawsuit over their loved one's gruesome death.
In the meantime, however, they're seeking answers. In advance of the wrongful death lawsuit, documents were filed with the court asking that the apartment building's managers and owners preserve any available video evidence or records related to the accident. They also want the maintenance company that serviced the elevator to preserve any records of its services and inspections of the elevator in question.
The early court filings indicate that the family may seek to hold the property owner liable for the wrongful death of their loved one through New York's premises liability laws. Property owners are generally required to keep the premises reasonably safe for their residents, guests and other visitors. The apartment manager or management company would share that responsibility.
In addition, however, it appears that the family is considering a claim against the elevator's maintenance company. The nature of the accident itself indicates that the elevator malfunctioned suddenly. The victim was one of seven passengers in the elevator prior to its malfunction. While one passenger walked out unharmed, the elevator suddenly dropped as the 30-year-old man tried to exit. The other passengers remained in the car while the man was pinned between the elevator wall and its shaft.
Cases like this are complicated, at best. Because it's difficult to determine where the liability will ultimately fall, the attorneys for the case are covering all of their bases. That includes insuring that any critical evidence isn't destroyed.
If you've been injured due to dangerous conditions on someone's property or if a loved one was killed, find out more about your legal options as quickly as possible.