Elevators are a common feature in commercial and residential buildings. The housing boom of the last decade produced residential condominium complexes with state-of-the-art elevators that could transport many people to units around the complex quickly. Similarly, the housing bust of the last decade left in its aftermath condominium complexes with aging elevators and empty and unsellable units. Because maintenance fees are high, vital maintenance and repair of the common areas, including the elevator, is not occurring.
Condominiums are buildings containing a number of individually owned apartments or houses and shared common areas. The owners of the individual apartments buy their units and may have a mortgage, but they also pay a maintenance charge, usually monthly, for the upkeep and maintenance of the common areas of the condo.
ThyssenKrupp fined $375,000 Following Elevator Accident Injury
A court in Ontario, Canada assessed a $375,000 fine against an elevator manufacturing company because it failed to address a maintenance problem after various written and oral requests from the property manager of a condominium complex after the elevator caused serious injury to a man.
The underlying facts of the accident are as follows. An elevator in a condominium plunged as a man stepped inside it, trapping his foot and causing serious injury to his ankle. The man avoided an even greater injury because he was helped by bystanders in the elevator.
Investigators determined that the accident was caused by a faulty worn main drive sheave – the part that holds the elevator in place. While ThyssenKrupp denied liability, evidence presented at trial showed the elevator manufacturer failed to repair the problem after one of its mechanics and the building manager placed written and verbal maintenance requests.
The Public Should Be Able to Ride an Elevator without Fear of Serious Injury or Death
As the judge in the Canadian case mentioned, riding an elevator is commonplace and riders should enter without fear of being hurt or plunging to their deaths. The duty to repair and keep elevators in good working condition is usually overseen by the department of buildings. Condo owners, who hire a property manager to manage the common areas of the community, are responsible for upkeep and maintenance and therefore liable for elevator accidents if they were aware of a defect and did not take necessary action to repair it or notify riders of a problem.
Injured in an Elevator Accident?
The law firm of Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator and escalator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.
See Related Posts:
An escalator is a moving staircase, found in buildings and public spaces like airports, shopping centers, and train stations. Escalators assist in transporting people from one floor to the next with little effort by the rider. Often connecting the ground floor to a plaza or open area, an escalator speeds up the entry and exists in public places in which people need to move about smoothly.
Escalators, because they are electric and have moving parts, must be maintained and regularly serviced to remain in good working order. Failure to maintain an escalator is a safety hazard and may open the property owner or lessee to municipal safety ordinances and liability if someone is injured because of the defective escalator.
Yearly Escalator Related Injuries on the Rise
A study published in the U.S. National Institutes of Health journal, the National Library of Medicine, compiled statistics regarding escalator related injuries and concluded that about 10,000 escalator related injuries occur annually that require emergency room treatment. Among the studies main finding were:
- Equal amount of men and women injured following an escalator accident.
- Most escalator related injuries occurred in people older than 60.
- Women tend to get in accidents on Tuesdays between the hours of 12 PM and 6 PM while men get hurt between 6 PM and 12AM.
- 62% of all escalator accidents occurred in public transportation facilities, with shopping centers coming in second place.
- More than half (55%) of the people injured (both sexes) required hospitalization longer than 24 hours.
Escalator Accidents are Serious
Last year a 3-year-old child going down the escalator at a MARTA train station suffered severe injuries to her foot, causing a foot amputation, when her jacket got caught in the escalator and the escalator’s protective guard broke. The child’s foot was swallowed by the escalator and crushed. It took several hours to free the girl. Although the young girl remained conscious throughout the ordeal she was given fentanyl, a pain killer 100 times more powerful than morphine, while she waited to be freed from the escalator.
Suing Public Transportation Agencies
All lawsuits against public transportation agencies must be filed within the requisite statute of limitations period for suing a governmental agency. MARTA or the Metropolitan Atlanta Rapid Transit Authority is a government agency. Children have a longer statute of limitations period than adults. Contact our attorneys at Cash, Krugler & Fredericks for specific information about your filing period.
Have You Been Injured in an Escalator or Elevator Accident? Contact Atlanta’s Escalator Accident Lawyers Today
The law firm of Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, contact Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.
See Related Posts:
CKF sponsored a hot cocoa bar at The Shepherd Center for the center’s staff, patients and families. CKF enjoys volunteering at the Shepherd Center and getting the opportunity to spend time with the center’s patients and getting to know the talented people who work at Shepherd. For more information on the Shepherd Center, please visit www.shepherd.org.
Several class action lawsuits are underway across the United States to compensate women for ovarian cancer that has been linked to the use of talcum powder, especially if the talcum powder was used in the woman’s genital area. To find out if your ovarian cancer is linked to talcum powder use, contact the attorneys at Cash, Krugler & Fredericks for an immediate and confidential review and evaluation of your case.
The talcum powder at issue in the talcum powder class action lawsuits are manufactured by Johnson & Johnson and include the Baby Powder and Shower to Shower products.
Ovarian Cancer Links from Talc Powder
Talc is a mineral made up of magnesium, silicon, oxygen and hydrogen. Found near asbestos, a known and dangerous cancer-causing carcinogen, when talc is collected, it may be contaminated with asbestos.
As far back as 1971, studies have linked ovarian cancer to talc powder use. Women who use talcum powder on their genitals or undergarments, including sanitary pads, are three times as likely to develop ovarian cancer when compared to women who do not use talcum powder.
Despite these continuing studies and findings it was not until 2006 that the International Agency for Research on Cancer (IARC) recognized talc as a possible carcinogen.
Failure to Warn
The government regulatory agencies at the federal and state levels, including the FDA, as well as the manufacturers, with Johnson & Johnson being a worldwide category leader in this product, have been silent about the studies and links to ovarian cancer. No warnings to women to change talcum powder use have been given nor a recommendation to obtain a medical evaluation.
The product label itself, “baby powder,” gives the false impression that the product is safe for babies, and therefore even safer for adults. This systematic failure to discuss and disclose the harmful effects of talcum powder are at the heart of the talcum powder lawsuits. In addition to failure to warn, negligence, wrongful death, and violations of countless consumer protection laws are cited in the talcum powder lawsuits.
Preliminary Lawsuits Against Johnson & Johnson have been Successful
Juries are awarding women injured by talcum powder use compensatory and punitive damages when the cases have been taken before a jury. Verdicts do not guarantee success in future cases but help shine a light on the link of ovarian cancer to talcum powder use by women.
Have You Been Diagnosed with Ovarian Cancer After Using Talcum Powder? Contact Atlanta’s Talcum Powder Lawsuit Lawyers
Atlanta Law Firm Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to the death of a loved one, family members may pursue wrongful death actions in addition to the survivor suit. Specializing in class action law suits, auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, defective products, and premise liability matters, the Atlanta Law Firm Cash Krugler & Fredericks is here for you. Contact us to schedule a comprehensive review of your claim or call us at (404) 659-1710.
See Related Posts: