Are you wondering whether you can sue for being stuck in a lift? If so, you may find this guide on personal injury claims useful to you.
We aim to provide the information you need about making a successful claim.
We will discuss how to determine liability and potential evidence needed to prove negligence. Negligence is the breach of duty of care that causes harm. We will explore the duty of care you may have been owed in more detail throughout our guide.
Additionally, we will share some potential compensation figures you could receive for your injuries and how the settlement you receive may be calculated.
We also understand that you may wish to speak to someone personally about your potential claim. If so, our friendly team of advisors are here 24/7 to answer your questions. To get in touch, you can:
- Call on 0800 408 7827
- Use the live chat feature.
- Contact us online.
Select A Section
- How To Sue For Being Stuck In A Lift
- Who Could Be Responsible For Being Stuck In A Lift?
- What Evidence Do I Need When Making A Personal Injury Claim?
- Personal Injury Compensation Examples
- How To Sue For Being Stuck In A Lift With A No Win No Fee Solicitor
- Ask Our Team About How You Could Sue For An Injury
- Learn More About Personal Injury Claims
How To Sue For Being Stuck In A Lift
You could find yourself stuck in a lift in various places. For example a:
- Store
- Hotel
- Museum
- Cinema
- Pub or bar
- Restaurant
Additionally, a lift could malfunction at work which leaves you trapped inside. This could result in you suffering from a psychological injury such as mental anguish, claustrophobia or severe stress. Additionally, the lift may suddenly drop before it stops. Due to this, you could suffer a physical injury, such as a break or fracture, e.g. a broken ankle or a broken forearm.
However, when making a claim, you must prove that you were injured either mentally or physically as a result of a third party breaching the duty of care they owed you.
Who Could Be Responsible For Being Stuck In A Lift?
Regardless of where you got stuck in a lift, someone else would have been responsible for maintaining the safety of that lift. If your accident happened in a public place, the responsibility often falls to the person in control of the space. Whereas if it happened in a workplace, it’s the employer’s responsibility.
Occupiers (a person or party in control of a public space), owe a duty of care to those using the space under the Occupiers’ Liability Act 1957. Essentially, they should do everything they reasonably can to keep you safe from harm whilst on their property. This might include carrying out regular risk assessments and addressing any hazards they find.
Employers must uphold the duty of care they owe employees as stated in the Health and Safety at Work Act etc. 1974 (HASAWA). It states that employers must do all that they reasonably can to protect their employees and keep them safe whilst in the workplace and performing work-related duties. They can do this by performing regular risk assessments and maintenance checks. They must also remove or reduce the risk of any known hazards from the workplace to prevent accidents from happening.
If you want to sue for being stuck in a lift, you must prove that you were harmed due to someone else breaching their duty of care, which caused you to become injured.
If you are unsure whether you have the basis of a legitimate claim, talk to a member of our team today.
What Evidence Do I Need When Making A Personal Injury Claim?
The various types of evidence you could obtain to help you support your claim include:
- Witness contact details.
- CCTV footage from inside the lift, which you could request.
- Reports of the accident in an accident book (if applicable).
- Medical records that can provide details on any physical or psychological injuries.
For more advice on the evidence needed when making a claim for your injuries, do not hesitate to contact our advisors.
Personal Injury Compensation Examples
If you’re making a personal injury claim, you might be wondering what injuries you can claim for, as well as how your settlement may be divided.
Within your settlement, you can receive general damages. General damages provide compensation for both your physical and mental injuries. It also accounts for the impact the injury has had on your quality of life and the pain and suffering you have experienced.
Additionally, you may also receive special damages within your settlement. Special damages compensate you for your future and past financial expenses caused by your injuries. This can include lost earnings, medical expenses and travel expenses. You will need to provide evidence to successfully claim special damages. Some of the evidence you could provide are invoices, bank statements and payslips.
We have created the following table which uses figures listed in the 16th edition of the Judicial College Guidelines (JCG). This is a document solicitors can use to help them when valuing your injuries.
Compensation settlements will vary depending on the type and severity of your injuries, along with additional factors specific to your claim, so you should only use this table as a guide.
Injury | Notes | Guideline Compensation Amount |
---|---|---|
Post-traumatic stress disorder (PTSD) | (a) Severe -Inability to function or work the same as pre-trauma due to permanent effects that badly affect all aspects of life. | £59,860 to £100,670 |
PTSD | (c) Moderate - There will have been a large recovery with any potential continuing symptoms not being grossly disabling. | £8,180 to £23,150 |
Mental Damage | (b) Moderately Severe - Significant issues with various factors, such as employment, relationships and vulnerability. But, there will be a more positive prognosis. | £19,070 to £54,830 |
Mental Damage | (c) Moderate - Marked improvements with no prolonged symptoms, despite their being problems with several factors relating to life. | £5,860 to £19,070 |
Mental Damage | (d) Less Severe - How long the person's daily life and sleep were impacted will affect how much is awarded. | £1,540 to £5,860 |
Back Injuries | (b) Moderate (ii) - The muscles and ligaments in the back have been disturbed which causes backache. A pre-existing back problem that has been accelerated by 5+ years also falls under this category. | £12,510 to £27,760 |
Other Arm Injuries | (d) The forearm has sustained a simple fracture. | £6,610 to £19,200 |
Knee Injuries | (b) Moderate (ii) - A pre-exisiting knee problem has been accelerated or the knee has suffered a bruising, laceration or twisting injury. This could cause occasional pain and aching. | Up to £13,740 |
Leg Injuries | (c) Less Serious (iii) - Simple fractures to fibula or tibia that will cause minor ongoing symptoms including dull aching. | Up to £11,840 |
Brain Damage | (a) Very Severe - The person will need full time care. | £282,010 to £403,990 |
For more information on how to sue for being stuck in a lift and the compensation you could receive, call us today on the number at the top of this page.
How To Sue For Being Stuck In A Lift With A No Win No Fee Solicitor
If you think you would want to be represented by a solicitor from our panel when making your claim, they may be able to help you via a No Win No Fee Agreement.
There are different types but a solicitor from our panel could offer their services under a Conditional Fee Agreement (CFA).
Under a CFA, it is understood that if your claim is not successful, you don’t pay for the services your solicitor provides you with. Alternatively, if your claim wins, you pay a success fee, that’s legally capped, from your compensation.
Contact us today to find out more about how a solicitor from our panel could help you with your claim.
Ask Our Team About How You Could Sue For An Injury
We hope that the information is this guide has been useful to you. However, we understand that you may still have some questions regarding how to sue for being stuck in a lift. If this is the case, you can call us today. Our advisors are available 24/7 to answer your questions and offer free legal advice.
To get in touch:
- Call on 0800 408 7827
- Use the live chat feature below.
- Contact us online.
Learn More About Personal Injury Claims
For more articles by us:
- How to sue your local council.
- How to sue for a slip or trip accident.
- How to sue a nursing home for personal injury.
If you are looking for additional information:
- NHS – Conditions
- Health and Safety Executive – Health and safety statistics.
- Royal Society for the Prevention of Accidents – Our vision and mission.
For more guidance on how to sue for being stuck in a lift, contact us today.
Article by ROB
Edited by MIT