A tragic California State University Long Beach elevator accident has raised questions of safety and liability after an employee was killed when an elevator crushed her. According to reports, a woman was trapped in an elevator between the 2d and 3rd floors of a building on the campus as the result of an elevator malfunction. The woman tried to squeeze through an opening between floors but the elevator moved, pinning her between the floor and elevator. She died at the scene.
Whether safety failures or other issues of negligence or liability played a role in this incident will be investigated.
Many issues exist whenever an individual suffers an accident at work. Speaking to a knowledgeable Sacramento work related accident lawyer is important to protect your rights and ensure those harmed and their loved ones receive the compensation they are entitled to.
When workplace accidents occur, they may result in a worker’s compensation action or third party action. Pursuant to a worker’s compensation action, an injured worker or his or her family may be able to recover damages regardless of liability. However, this amount is generally low and may not bee sufficient to cover the cost of medical bills, lost wages and pain and suffering. Alternatively, a third party action may be possible where an outside party is responsible for causing or contributing to a personal injury. Generally, an individual or family may be able to recover greater compensation by filing a civil lawsuit involving a third party claim.
Here, the elevator accident is an example of potential premises liability. Premises liability exists where an unreasonably dangerous condition exists on a property – whether a homeowner, a business, a governmental body or a University. If a dangerous condition exists, and the owner fails to correct it if they knew or reasonably should have known about it, or if they fail to provide adequate warning, the owner may be found responsible for any damages that occur. These damages may include medical expenses, lost wages and pain and suffering. Where a fatality occurs, the surviving family members may be able to bring an action for wrongful death.
It is unknown all the specific circumstances surrounding the accident and an investigation is crucial to determine issues such as whether the elevator had previously malfunctioned, if the building owner was aware of any problems with the elevator, and whether the elevator had been properly serviced and maintained.
For more information, contact a dedicated Sacramento personal injury lawyer at Sette Law Office for a free, confidential consultation.