“Can I claim compensation for being stuck in a lift?”, This is a question we have heard many times from our clients. For some people, getting stuck in a lift may be an inconvenience or a stressful experience. However there are times when getting stuck in a lift can cause serious psychological injury, depending on the circumstances of the accident, or if the person involved was already suffering from psychological issues, such as claustrophobia. Can you get compensation for being stuck in a lift? If you have suffered a psychological injury as a result of your ordeal or were physically injured by being stuck in a lift, you may be eligible to claim compensation.
If you are wondering whether or not you can get compensation for being stuck in a lift, call Legal Helpline today, for free advice. We offer a free legal consultation to anyone looking to make an accident claim for compensation. If we can see that you are eligible to claim compensation for getting stuck in a lift, we can provide you with an experienced solicitor to handle your claim. Your claim could compensate you for your injury and could cover the costs of any therapy you may need, to come to terms with the trauma you experienced.
Call Legal Helpline today, to see if you have legitimate grounds to claim. If we can see that you have the right to compensation, a skilled personal injury lawyer will start working on your claim as soon as possible. Call us on 0161 696 9685 or use our online claims form to reach us. We’re looking forward to hearing from you.
Jump To A Section
- A Guide To Claiming Compensation For Being Stuck In A Lift
- What Is Being Stuck In A Lift Accident?
- Lift Operators Responsibility For Safe Operations
- Laws And Regulations Applicable To Passenger Lifts
- Risks Associated With The Use Of Passenger Lifts
- Why Do Lifts And Elevators Get Stuck?
- Types Of Mental Or Physical Injuries Caused By Being Stuck In A Lift
- Could I Claim For Psychological Injuries After Being Trapped In A Lift?
- Could I Claim For PTSD Caused By Being Stuck In A Lift
- Stuck In A Lift Compensation Case Study
- Calculating Compensation For Being Stuck In A Lift
- Costs Or Losses Which You Could Be Compensated For
- Steps To Take To Make Your Compensation Claim
- No Win No Fee Compensation Claims For Being Stuck In A Lift
- Contact Legal Helpline Today
- Essential References
Getting stuck in a lift can be a traumatic experience for many people. In this guide to claiming compensation for being stuck in a lift, we will look at what happens when you get stuck in a lift and what types of personal injury this could cause. We will look at what types of lift safety recommendations building management companies and lift operators are expected to follow and will advise you on what to do if you are trapped in a lift. We will also look at psychological disorders that passengers can experience as a result of getting trapped in a lift, such as post-traumatic stress disorder (PTSD).
If you have been physically or psychologically injured because of negligence on the part of a lift operator, after being stuck in a lift, call Legal Helpline today for your free personal injury claims consultation. One of our advisors will be happy to speak to you in-depth about your ordeal and if we can see that you are owed compensation for your injuries, we will provide you with a solicitor to handle your case. Alternatively, use our online claims form to reach us.
People use lifts (also known as elevators) to travel quickly between floors. Unfortunately, due to mechanical failure, or the passengers and cargo exceeding the recommended weight limit, lifts can become trapped between floors. This is known as a stuck in a lift accident. Some stuck in lift accidents are very short and only last a matter of minutes. Other lift accidents could last several hours or days. For example, there was an incident in 1999 where an office worker who was working late on a Friday evening after the majority of staff had gone home for the weekend, was stuck in a lift for 2 days. He was awarded a 6 figure sum in damages as a result.
Other distressing things can happen when a passenger is stuck in a lift such as the lights going out, being stuck in a lift at maximum capacity so there is no room to move about, needing the toilet. Other passengers may also cause distress by acting in a way that is disturbing or dangerous, for example, screaming and panicking, jumping up and down, or trying to climb into the lift shaft. Some people who are claustrophobic or have suffered from claustrophobia in the past may find being trapped in a small space for even a matter of minutes very distressing.
Source URL: https://www.dailymail.co.uk/femail/article-1163005/It-happened–I-got-stuck-lift-days.html
Lift operators owe a duty of care towards the passengers that use the lift, to travel between floors. The Health And Safety At Work Act 1974 states that employers are responsible for providing their employees with a safe and hygienic environment in which to work. In other words, they owe their employees a duty of care. Similarly, The Occupiers Act 1984 states that the management of spaces such as department stores, gyms, shopping centres, car parks and hotels owe their employees, customers and other people who may use the building a duty of care.
Lifts that are installed must be fit for purpose. The Health and Safety Executive (HSE) also states that lifts must undergo a routine of regular inspection, examination and maintenance to ensure that they remain in good working order and are safe for the public to use. Lift safety recommendations include ensuring that there are working telecommunications inside the lift carriage, so the building security services can be contacted, should a lift accident occur.
Because employers, business owners and building operators owe people that use their premises a duty of care, they can be held liable for any injuries caused on their premises, if it was due to negligence on their part. As a result, if you have been physically or psychologically harmed because you were stuck in a lift due to negligence, you may be able to claim compensation for getting stuck in a lift.
The Lift Regulations, 2016, came into force in the United Kingdom in December 2016 and implemented Directive 2014/33/EU, of 24 February 2014. The Lift Regulations, 2016 explain health and safety obligations; an installer must ensure, manufacturers, installers, distributors of lifts, as well as other responsible parties act in accordance with the essential health and safety requirements. In summary, lifts must be designed, tested, installed and maintained according to correct standards in the name of passenger lift safety. It states that in Great Britain the HSE is responsible for enforcing these standards.
Here are some common accidents that could be caused by lifts:
- The elevator mislevels (does not align with the floor) when it opens, causing passengers to trip and fall.
- The doors open but the lift carriage does not arrive, causing a passenger to step through the doors and fall into the elevator shaft.
- The lift falls in the shaft, which can cause serious injuries.
- Becoming crushed in the mechanism, above, or below the lift carriage, if a passenger finds themselves in a lift shaft.
- Psychological injuries caused by being stuck in a lift.
- If a passenger tries to jump in the lift to make it start, this can cause the lift to fall, which can cause serious injuries upon impact. If a passenger goes through the door on top of the lift or tries to climb into the shaft to escape, they can be crushed if the lift starts working again.
Lift accidents are thankfully rare, but when they do happen they can have very serious consequences. The Lift And Escalator Industry Association (LEIA) reported that in 2015 there were 326 lift accidents resulting in minor injuries, 5 accidents resulting in serious injuries and sadly one accident that resulted in a death.
What happens if you get stuck in a lift? What can be the cause of a stuck in the lift incident?
Causes of being stuck in a lift could include:
- A power failure. If it was due to a short circuit, the accident may have been preventable.
- Deliberate sabotaging or tampering.
- Engine failure. This may be because a component of the engine has broken or worn away. This could happen because the lift operator fails to do routine checks.
- Engine contamination. The oil in the motor can become contaminated with tiny bits of metal, if it is not checked regularly, causing the lift to break.
- Operating system failure. This could mean the lift doors do not open when the carriage reaches the correct floor.
What to do when trapped in a lift? Try not to panic. It’s best to stay calm and use the contact button to report the mishap to the building’s security team. If another passenger panics try to reassure them and keep calm. Use a mobile phone to call someone if necessary. Do not jump in the lift to try to restart it, as this could cause the lift to fall, causing a serious injury such as a broken or fractured bone. Do not climb through the door on top of the lift onto the carriage, or try to open the doors to jump into the shaft, because if the lift starts moving again, you could be crushed.
Psychological injuries caused by being stuck in a lift can be caused by the trauma of the experience. This can be worsened if the person is already suffering from pre-existing psychological problems such as anxiety, panic attacks or claustrophobia. We will look at these injuries in more detail later. A person can also be physically injured, for example tripping as they finally leave the lift, if the lift mislevels with the floor as they leave.
Psychological injuries could be harder to claim for because they are not always visible. If you have developed psychological injuries as a result of being stuck in a lift, you may need to be assessed by a psychiatrist, who will diagnose your injuries.
Psychological injuries that could be caused by being trapped in a lift include post-traumatic stress disorder (PTSD), anxiety disorders, or developing a phobia of confined spaces (claustrophobia). The person may find they start suffering from panic attacks as a result of the accident.
Post-traumatic stress disorder is an anxiety disorder which some people develop as a response to a frightening or traumatic event in their life. Symptoms of post-traumatic stress disorder include reliving the incident, nightmares, anxiety and difficulty sleeping. Fortunately, PTSD is treatable, so if you believe you are suffering from the condition, speak to your GP in order to get help. Can you get compensation for being stuck in a lift, if you develop post-traumatic stress disorder as a result? Yes. In order to do so, you may need a psychiatrist to diagnose your injuries and confirm they were caused or worsened by your ordeal.
This case study involves Mrs D (whose name has been abbreviated for privacy reasons). Mrs D lived in Dublin, Republic of Ireland, and was shopping at The Square shopping centre in Tallaght. She entered the lift with her son and it stopped moving, soon after the door closed. She banged on the door, rang the alarm and called her husband. Four and a half minutes after the lift stopped a member of the shopping centre’s security team managed to open the doors and fortunately, Mrs D and her son left the lift without any physical injuries.
Regrettably, Mrs D was left with psychological injuries as a result of being stuck in a lift. Mrs D had suffered from claustrophobia as a child. The ordeal brought back this fear. As a result, she found herself propping her handbag against the door of public toilets, rather than lock them, and unable to go into the changing rooms of clothes shops, for fear that she may become trapped inside. A psychiatrist diagnosed Mrs D as suffering from panic attacks and anxiety attacks, in response to being stuck in a lift.
Mrs D found a solicitor to represent her claim for personal injury compensation, for being stuck in a lift. She was awarded £23,000 compensation for getting stuck in a lift. The amount reflected the extent of her psychological injuries.
If you make a successful claim for compensation, your compensation package will be awarded in two parts.
You will be able to claim:
- General damages: General damages are compensation for the pain, suffering and loss of amenity, caused by the claimant’s injuries.
- Special damages: Special damages reimburse the injured person for any expenses or financial losses they have accrued, as a result of their injuries.
If you are curious about how much compensation you could be awarded, you can use our personal injury claims calculator to estimate how much you could receive in general damages. Of course, this is only an estimation. For a more accurate quote, contact Legal Helpline today to speak to an advisor and see how much compensation you could claim.
|Type Of Injury||Nature Of The Injury||Potential Compensation|
|Ankle injury - severe||Ankle injuries requiring longer to treat or care for. Victims may be issued with plaster casts or need pins and plates there will be significant residual disability in the form of ankle instability.||£29,380 - £46,980|
|Ankle injury - moderate||Not as severe as the category above. May include fractures and breaks of the joint and associated bones which give rise to less serious disabilities. May also include cartilage or ligament injury.||£12,900 - £24,950|
|Wrist injury (Level - A)||The claimant will have been left with no (effective) use in this wrist.||£44,690 - £56,180|
|Wrist (Level - B)||Wrist injuries which could mean that the victim has a permanent level of disability.||£22,990 - £36,770|
|Foot injury - serious||Serious injuries in the feet or a single foot. Victims could be left with arthritis and could require longer-term treatment.||£23,460 - £36,790|
|Foot injury - moderate||In the moderate category, foot or feet injuries may include displaced fractures of the bones in the foot.||£12,900 - £23,460|
|Hand injury - less serious||Less serious injuries to the hand. May include crushes and those injuries affecting the ability to use the hand.||£13,570 - £27,220|
|Hand injury - moderate||May present as a soft tissue injury. Could include wounds penetrating the hand as well as lacerations and cuts.||£5,260 - £12,460|
|Neck injury - moderate (i)||A moderate level of injury to the neck and the neck bones. Injuries such as fractures or dislocations which cause severe immediate symptoms.||£23,460 - £36,120|
|Neck injury - moderate (ii)||Wrenching-type injury and disc lesion of the more severe type resulting in cervical spondylosis, serious limitation of movement.||£12,900 - £23,460|
Our personal injury claims calculator excludes special damages.
What special damages could you be awarded if you were stuck in a lift? You could claim back any medical expenses, travel expenses, at-home care expenses, or loss of income expenses that you have suffered. The medical expenses that you claim, could include the cost of therapy to help you come to terms with your ordeal.
If you have suffered a physical or psychological injury because you were stuck in a lift, trust Legal Helpline to help you claim compensation.
What can Legal Helpline offer you?
- The services of a knowledgeable solicitor, with decades of experience handling personal injury claims.
- A promise that we will value your claim accurately and push to win you the maximum amount of compensation you could be owed.
- The option to make a no win no fee claim, so there is less financial risk involved for you.
To begin your claim, call Legal Helpline today to speak to an advisor about your experience. If we can see that you are eligible to claim compensation, a solicitor will start working on your claim as soon as possible.
If you have been stuck in a lift due to negligence, or a disregard for passenger lift safety, you may be entitled to claim compensation for your injuries. We can offer you the option to make a no win no fee claim, also known as a Conditional Fee Agreement (CFA). Why do so many of our clients choose to make a no win no fee claim? First of all, instead of paying an upfront solicitors fee, you will only have to pay your success fee on the condition that your solicitor wins your case, so there is less financial risk involved for you. If you win, your fee will be deducted from your compensation package, making no win no fee the more affordable option for many of our clients.
Can you get compensation for being stuck in a lift? To see if you are eligible for compensation, call Legal Helpline today. Call us on 0161 696 9685 or use our online claims form to reach us.
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How Much Compensation Can I Claim For A Public Park Accident? – Learn more in this guide.
Guide by HA