Elevator Accident Attorney in New Jersey and New York

Elevators are required by law to be regularly inspected, maintained, and certified as safe for public use. When building owners, property managers, and elevator maintenance companies fail to meet those obligations, people are seriously hurt. A sudden free fall. Doors that close on a passenger before they clear the threshold. A car that stops several inches above or below the floor level, creating a tripping hazard. An elevator that traps passengers between floors for hours without a working emergency phone. Thai Nguyen Law handles elevator accident claims in New Jersey and New York.

Elevator Regulations and the Duty to Maintain in New Jersey and New York

Elevators in New Jersey are regulated under the New Jersey Uniform Construction Code and the State Elevator Safety Subcode, N.J.A.C. 5:23-12. The New Jersey Department of Community Affairs requires periodic inspections of elevators, escalators, and related conveyances, and issues certificates of operation that must be posted in each elevator cab. When an elevator is operating without a valid inspection certificate, or when defects identified during inspection were not remediated before the elevator was returned to service, those violations are direct evidence of negligence by the building owner and the maintenance contractor responsible for the equipment.

New York City regulates elevators under Title 28 of the New York City Administrative Code and the rules of the New York City Department of Buildings. The DOB maintains public records of elevator inspection results, violations, and complaint history for every permitted elevator in the five boroughs. Elevators in New York City must be inspected annually by a licensed inspection agency and tested periodically for safety system function. Open DOB violations on an elevator are powerful evidence that the building owner had notice of a defective condition and failed to correct it. Attorney Nguyen obtains the complete DOB inspection and violation history for every elevator involved in a client’s case.

Multiple parties may bear liability in an elevator accident case. The building owner or property manager is responsible for ensuring the elevator is maintained and inspected as required. The elevator maintenance contractor under a service agreement is responsible for performing regular maintenance, responding to reported defects, and keeping the equipment in safe operating condition. The elevator manufacturer may face product liability exposure when a design or manufacturing defect in the equipment contributed to the malfunction. Identifying all three potential defendants and preserving the evidence against each is the foundation of every elevator accident case.

Common Elevator Accident Injuries and How They Happen

Leveling failures, where an elevator car stops above or below the floor level, cause trip-and-fall injuries that can result in fractures, head trauma, and spinal injuries, particularly in elderly passengers who do not anticipate the uneven threshold. Door malfunction injuries occur when closing doors strike a passenger who has not fully entered or exited the cab, or when door sensors fail and doors close on a person in the doorway. Sudden drops and free-fall events, while rare, cause catastrophic injuries including spinal cord damage and traumatic brain injuries. Escalator injuries, which involve many of the same regulatory and maintenance obligations as elevators, frequently arise from missing or damaged step nosings, handrail malfunctions, and comb plate hazards at entry and exit points.

How Thai Nguyen Law Handles Elevator Accident Cases

Elevator accident cases turn on the maintenance record. We obtain the elevator’s complete inspection history, certificate of operation status, maintenance logs from the service contractor, prior complaint records, and any DOB or DCA violations associated with the equipment. We also obtain the building’s surveillance footage of the elevator lobby and cab where available, and we retain a qualified elevator expert to assess the mechanical condition and the applicable maintenance standard.

Our approach to elevator accident cases includes:

  • Obtaining inspection certificates, maintenance logs, service contractor records, and DOB or DCA violation history
  • Preservation demands for elevator cab surveillance footage and building lobby camera recordings
  • Retention of a qualified elevator maintenance expert to assess the mechanical condition and applicable safety standards
  • Identification of all liable parties including the building owner, property manager, maintenance contractor, and manufacturer
  • Medical documentation covering the full scope of injuries and projected long-term care needs
  • Litigation in New Jersey or New York courts when a fair settlement is not offered

What to Expect Working With Us

  • 01 – Free Case Review — We evaluate your situation at no cost and give you an honest assessment of your claim. No fees unless we win.
  • 02 – Evidence Preservation — We act immediately to secure surveillance footage, document the scene, and obtain inspection and maintenance records.
  • 03 – Liability Investigation and Demand — We identify every liable party, document the hazard and notice of it, and build a demand that reflects your full damages.
  • 04 – Negotiation or Trial — Property owners and their insurers negotiate hard to minimize payouts. We negotiate from a position of documented strength and litigate when necessary.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen built this firm around the conviction that property owners must be held accountable when their negligence injures people. Large property owners and their insurers begin managing claims from the moment an incident is reported. Their goal is to pay as little as possible. Attorney Nguyen’s goal is to make sure you receive what you are actually owed.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — grounds a practice built for people who were seriously injured because a building owner or maintenance contractor chose to ignore their maintenance obligations. Thai Nguyen Law serves New Jersey and New York and handles cases nationwide, with services in English, Vietnamese, and Spanish.

  • No fees unless we win — No upfront cost at any stage
  • Free consultation — Understand your options before making any decisions
  • Multilingual service — English, Vietnamese, and Spanish
  • Award-winning representation — Recognized for results against institutional defendants

Frequently Asked Questions

Liability typically falls on the building owner or property manager, the elevator maintenance contractor, or both, depending on the specific nature of the malfunction. If the malfunction resulted from a failure to perform required periodic maintenance, the maintenance contractor bears primary responsibility. If the building owner knew of a defect and failed to take the elevator out of service or ensure prompt repair, direct owner liability applies. When the malfunction traces to a design or manufacturing defect in the elevator equipment itself, the manufacturer faces product liability exposure under New Jersey’s Products Liability Act, N.J.S.A. 2A:58C-1 et seq. Attorney Nguyen evaluates all three tracks before filing.

The statute of limitations for personal injury claims in New Jersey is two years from the date of the accident under N.J.S.A. 2A:14-2. In New York, the standard deadline is three years for most personal injury claims. If the building is government-owned, the 90-day Notice of Claim applies in both states. Elevator maintenance records are retained by the contractor and the building but may not be preserved indefinitely. DOB violation records in New York City are publicly accessible but physical elevator components and maintenance logs are not. Acting early allows Attorney Nguyen to obtain and preserve the complete maintenance history before anything is lost.

A current inspection certificate confirms the elevator passed its last periodic safety inspection but does not mean the elevator was properly maintained between inspections or that a defect did not develop after the certificate was issued. Inspection certificates are snapshots in time. The ongoing maintenance obligation runs continuously between inspection cycles. If the maintenance contractor failed to perform required service, ignored a reported defect, or allowed a recurring problem to persist without repair, liability can still attach even with a current certificate on the wall. Many elevator accidents occur in the interval between inspections precisely because maintenance obligations were not met. Attorney Nguyen examines the full maintenance history, not just the inspection record, in every elevator case.

Elevator accident damages include all medical expenses, future treatment costs, physical therapy and rehabilitation, lost wages, and diminished earning capacity. Non-economic damages cover pain and suffering, permanent impairment, and loss of enjoyment of life. Elevator accidents frequently cause fractures, spinal injuries, and head trauma, particularly in leveling failures and door entrapment incidents involving older adults. In free-fall or sudden drop cases, spinal cord damage and traumatic brain injury are potential outcomes with significant lifetime care cost implications that require economic expert testimony to project accurately. Attorney Nguyen documents the complete damages picture, including future costs, before any settlement discussion begins.

Injured in an Elevator Accident? Call Thai Nguyen Law Today.

Elevator maintenance records may not be retained indefinitely, and building owners move quickly to repair defective equipment after an injury. If you were hurt in an elevator accident in New Jersey or New York, call Thai Nguyen Law immediately for a free, confidential consultation. No upfront fees. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win