Texas Elevator And Construction Machinery Accident Update
America’s Inn Incident
Rosa Brown sued Texas Pearl, Inc., the company that owns and manages the America’s Inn in Houston, Texas. Ms. Brown claims she suffered extensive injuries because she fell in the elevator at America’s Inn. The plaintiff claimed that there was a “malfunction” of the elevator, and that malfunction caused the plaintiff to fall.
Claimed the Hotel was Negligent
Ms. Brown maintained that the hotel did not take the necessary steps to warn guests about elevator safety hazards, did not provide adequate security, and failed to complete mandatory elevator inspections. The plaintiff claimed that she suffered disfigurement and emotional distress and therefore sued for $1,000,000.
Boom Lift Accident
A boom lift–a kind of outdoor device that lifts construction workers to a different level–was the scene of an electrical accident in Pearland, Texas. A construction worker being transported on a boom lift got too close to a high-voltage power line and suffered a severe electrical shock. Flight for Life was called to transport the worker to the appropriate hospital, and the man arrived at the hospital in critical condition.
Forklift Accident
A forklift is a small industrial vehicle used to lift and move warehouse materials. Warehouse and factory work can be very dangerous, and in 2021 there were Texas forklift accidents at three Texas Walmart stores.
Additionally, a Ferguson Enterprises, LLC employee was seriously injured as he was leaving a warehouse storage area. The man was struck by a forklift and a broken pelvis resulted.
Terrible 2007 Elevator Accident
Norman Fulton died as he tried to flee a stuck elevator. Mr. Fulton was in the condominium elevator with his grandchildren when the elevator became stuck between floors. A condominium employee helped Mr. Fulton open the doors of the stuck elevator and the grandchildren got out safely. Mr. Fulton, however, slipped and fell in between the elevator and the floor and plunged to his death as he dropped through the open elevator shaft.
Texas construction code requires elevators to be equipped with a type of restrictor that causes elevator doors to remain locked if the elevator becomes stuck between floors; the restrictor was not in place at the time of the accident. The condominium’s HOA had requested and received an extension to the regular door restrictor construction deadline. The deadline was granted allowing the condominium association to postpone restrictor installation until 2010.
Multiple Liability Issues
The owners of the property where an accident occurs can be guilty of premises liability. To prove premises liability, a plaintiff must establish:
- The defendant knew about the defective property condition.
- The condition, if left unrepaired, could pose an unreasonable harm risk.
- The defendant did nothing to mitigate the known risk.
- The failure to act on the risk caused the plaintiff’s injury(s).
Get Personal and Caring Legal Help
The accidents described above were serious and heartbreaking. If you, a friend, a loved one, or even an acquaintance is involved in an elevator or work machinery accident, it is important to secure qualified and caring legal help. Missouri City personal injury lawyer Henrietta Ezeoke has the diverse experience, current law knowledge, and the compassion to help you through your complex legal issues. Call the office today at 713-234-0030 or visit the firm online to schedule a free consultation.
Source:
statutes.capitol.texas.gov/Docs/HS/htm/HS.754.htm
