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Table Of Contents
- Residential Elevator Lawsuit Overview
- Latest Residential Elevator Lawsuit Updates
- CPSC Reports
- Residential Elevator Injuries & Side Effects
- Do You Qualify for a Residential Elevator Lawsuit?
- Residential Elevator Recall Information
- Statute of Limitations for Residential Elevator Lawsuits
- FAQs
- 1. What specific defects make residential elevators dangerous?
- 2. How common are residential elevator accidents?
- 3. Who is responsible for elevator defects – the manufacturer or installer?
- 4. What immediate steps should I take if my elevator is recalled?
- 5. How long does a residential elevator lawsuit typically take?
- 6. Can I still file a lawsuit if my elevator was recalled but no injury occurred?
- 7. What compensation amounts have previous residential elevator lawsuits resulted in?
- Take Action Now: Time-Sensitive Legal Claims
Residential Elevator Lawsuit Overview
Residential elevator lawsuits involve allegations that manufacturers produced defective home elevators with hazardous gaps between the hoistway door and elevator car door, posing serious entrapment risks particularly to children. Multiple manufacturers have recalled approximately 89,450 residential elevators due to design flaws. The U.S. Consumer Product Safety Commission (CPSC) has documented serious injuries and at least one child death related to these defects.
Latest Residential Elevator Lawsuit Updates
September 29, 2022 – Custom Elevator issued a recall for approximately 15,200 residential elevators after a tragic incident in July 2021. A 7-year-old child died at a vacation home in North Carolina due to entrapment between elevator doors.September 15, 2022 – A settlement has been reached in a lawsuit involving a home elevator accident that left a child severely injured, raising concerns about residential elevator safety.August 11, 2022 – Residential elevators have been recalled due to a dangerous design flaw that poses an entrapment risk to children, following multiple incidents and legal actions.
CPSC Reports
The Consumer Product Safety Commission (CPSC) has documented eight reports of motor gearbox failures in Residential Elevators Inc.’s traction models, posing an impact hazard, though no injuries have been reported. Additionally, at least four serious injuries—including crushed spines, fractured hips, and broken limbs—have been linked to entrapment incidents in Otis and CemcoLift private residence elevators. Industry estimates suggest that 300,000 to 500,000 residential elevators have been installed nationwide.
Residential Elevator Injuries & Side Effects
Residential elevator defects have caused a range of serious injuries and fatalities, particularly to children:
- Entrapment Injuries: Crushing injuries when children become trapped between doors
- Impact Trauma: Injuries caused by sudden stops or unexpected cab movements
- Spinal Damage: Crushed or fractured vertebrae requiring surgical intervention
- Fractures: Broken bones, particularly in extremities
- Internal Injuries: Damage to internal organs from compression or crushing
Do You Qualify for a Residential Elevator Lawsuit?
You may qualify for a Residential Elevator lawsuit if:
- You own or used a recalled residential elevator manufactured by Residential Elevators Inc., Custom Elevator, Otis Elevator Company, Bella Elevator, Inclinator Company of America, or Savaria Corporation
- The elevator was purchased/installed between 1999 and 2022
- You or a family member experienced serious injuries related to the elevator’s operation or design
- The injuries required medical treatment or hospitalization
- You can provide documentation linking your injuries to the defective elevator
Evidence Required for a Residential Elevator Lawsuit
To strengthen your case, you’ll need to gather:
- Medical records documenting injuries and treatments
- Proof of elevator purchase, installation, and maintenance
- Documentation showing your elevator is part of a recalled model
- Incident reports or photographs of the elevator and injury scene
- Witness statements if applicable
Damages You Can Recover
Victims of defective residential elevators may be eligible to recover:
- Medical expenses for immediate and ongoing treatment
- Lost wages due to inability to work
- Pain and suffering compensation
- Rehabilitation and therapy costs
- Punitive damages against manufacturers (in cases of gross negligence)
Residential Elevator Recall Information
Multiple manufacturers have issued recalls for residential elevators:Custom Elevator (Hydraulic and Winding Drum Drives)
- Recall date: September 29, 2022
- Units affected: 15,200
- Years sold: 2003-2022
- Price range: $10,000-$25,000
Bella Elevator, Inclinator, and Savaria
- Recall date: January 11, 2022
- Units affected: 69,000
- Hazard: Child entrapment risk
Otis Elevator Company
- Recall date: December 17, 2020
- Models affected: Otis and CemcoLift private residence elevators
- Units affected: 5,000
- Years sold: Before 2012 (Otis), 1999-2012 (CemcoLift)
Residential Elevators Inc.
- Recall date: September 10, 2020
- Models affected: LLT-952, LLT-953, LLT-954, LLT-955
- Units affected: 5,250
- Years sold: January 2014-April 2017
- Price range: $18,000-$50,000
Statute of Limitations for Residential Elevator Lawsuits
Time limits for filing a residential elevator lawsuit vary by state, typically ranging from 1-6 years from the date of injury or discovery of the defect. Some states may extend this period if the victim was a minor at the time of injury.It is crucial to consult with an attorney promptly to ensure you file within your state’s specific deadline.Related:Slip & Fall Accident LawsuitSee the other defective product lawsuits we currently cover.
FAQs
1. What specific defects make residential elevators dangerous?
Residential elevators can have dangerous gaps between the hoistway door and the elevator car door that are large enough for a child to fit through but small enough to cause entrapment when the elevator moves. Some models also have defective motor gearbox assemblies that can cause unexpected movement.
2. How common are residential elevator accidents?
While exact statistics are limited, the CPSC has identified at least 4-6 serious injury reports for each major recall, suggesting dozens of incidents nationwide. The actual number may be higher due to unreported cases.
3. Who is responsible for elevator defects – the manufacturer or installer?
Both parties may share liability. Manufacturers are responsible for design defects, while installers may be liable if improper installation created or failed to address hazardous gaps.
4. What immediate steps should I take if my elevator is recalled?
Stop using the elevator immediately, keep children away from it, and contact the manufacturer for repair instructions. Document the model and serial number, and consult with an attorney if injuries have occurred.
5. How long does a residential elevator lawsuit typically take?
The timeline varies significantly based on case complexity, ranging from 1-3 years. Some cases settle quickly, while others may proceed to trial.
6. Can I still file a lawsuit if my elevator was recalled but no injury occurred?
You may have a claim for economic damages related to the decreased value of your property or costs associated with the defect, even without physical injury.
7. What compensation amounts have previous residential elevator lawsuits resulted in?
Settlement amounts vary widely based on injury severity, with cases involving fatalities or permanent disabilities potentially reaching millions of dollars. Most settlements remain confidential.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for residential elevator injuries. Most states allow only 2-3 years from the date of injury to file a claim, and this period may be shorter in some jurisdictions.Schmidt & Clark, LLP offers:
- Free, confidential consultations
- No upfront costs or attorney fees
- Payment only if we win your case
- Nationwide representation in all 50 states
Don’t delay seeking the compensation you deserve for injuries caused by defective residential elevators.[START YOUR FREE CASE REVIEW NOW]