No Win, No FeeLifts or elevators are a great invention that makes it a lot easier to move around buildings quickly. Whether you use a lift to save you from walking up the stairs or because you’re moving items around your workplace, it should be a safe experience. While being stuck in a lift is relatively rare, it does still happen. Our guide on claiming compensation for being stuck in a lift has been written to help you understand your options and show the types of personal injuries that you could be compensated for.
To make things easier for you, we offer a no-obligation initial consultation. This is where your claim will be assessed and advice on what action can be taken will be given for free. You don’t have to claim with us but if the claim appears to be strong enough, we could partner you with a personal injury solicitor from our panel. If the case is accepted, they’ll manage the whole process on a No Win, No Fee basis so you will only have to pay for their work if compensation is awarded.
To talk to us about how you came to be trapped in a lift right away, please call 0800 652 1345. Alternatively, read on to find out more before getting in touch.
Can I claim compensation for being stuck in a lift?
To claim compensation for being stuck in a lift your personal injury solicitor will have to prove that:
- The defendant (the lift owner or operator) owed you a legal duty of care; and
- An incident happened or the lift malfunctioned because of the defendant’s negligence; and
- You were stuck in the lift because of the defendant’s negligence; and
- You suffered an injury (physical or psychological) as a result.
There are some steps you can take and some forms of proof you could collect that will make it easier to prove that you should be compensated. As such, we’ll look at these in more detail shortly.
What laws apply to lift and elevator safety?
Different pieces of legislation may apply to lift safety depending on the environment the lift is being used in. For lifts used in workplaces, the following laws might apply:
- Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
- Provision and Use of Work Equipment Regulations 1998 (PUWER).
- The Health and Safety at Work Act 1974.
Each of these laws places a duty of care on lift owners to design, install and maintain lifts with user safety in mind.
Where lifts are in use in public places such as shopping centres and airports, other legislation could be used as the basis for a compensation claim such as the Occupiers Liability Act 1984 which means companies have a duty to try and keep anyone on their property as safe as possible.
Examples of negligence causing lifts to become stuck
We should point out that lifts are generally very safe if they are maintained and used correctly. However, that isn’t very comforting if you’ve been stuck in a lift because it malfunctioned.
Some examples of negligence that might lead to a lift becoming stuck with people inside include:
- If the lift was not subjected to regular safety inspections.
- Where the lift was not maintained by its owner in accordance with safety regulations.
- If passengers were trapped in a lift for longer than necessary because the staff were not trained on what to do in an emergency.
- Where the emergency bell or intercom did not work when needed.
- If the lift was left in service even though it had known faults.
As part of your initial consultation, one of our advisors will review how you got stuck in a lift to see if you might have the chance to be compensated. So, even if you’re not sure who was to blame for your injuries, please get in touch and let us review your case for free.
Common injuries from being stuck in a lift
Being stuck in a lift can be a frightening and traumatic experience, and can result in a range of injuries, depending on the circumstances. Some common injuries that can result from being stuck in a lift include:
- Psychological injuries. Being stuck in a lift can cause psychological injuries, such as anxiety, panic attacks, claustrophobia and even PTSD.
- Physical injuries. If the lift jolts suddenly or falls before or after it became stuck, it can cause physical injuries such as soft tissue damage, cuts, lacerations and bruising, spinal injuries, broken bones, and head injuries.
It is important to seek medical attention if you experience any kind of injuries or health problems as a result of being stuck in a lift. You should also report the incident to the lift company or building management.
How much compensation for being stuck in a lift?
The amount of compensation awarded in a successful personal injury claim for being stuck in a lift will generally be largely determined by the severity of the injury and its impact on the individual’s life. However, a settlement is designed to compensate the claimant for any physical or psychological injuries (general damages) as well as any costs (special damages). Again, what you could be compensated for will depend on how you’ve been affected by your injuries but any settlement could cover:
- Pain and suffering caused by physical injuries.
- Private medical costs to treat your injuries including physiotherapy.
- Anxiety, stress or other forms of psychiatric harm.
- Any loss of enjoyment of your usual activities caused by your injuries.
- Travel expenses.
- The time someone else spent looking after you when you were injured.
- Replacement costs for items such as clothing or jewellery damaged in the accident.
- Loss of income and any future reduction in earnings linked to your injuries.
- The cost of adapting your home to make it easier to cope with any ongoing injuries.
Your solicitor will assess your claim in detail if your case goes ahead to try and ensure all of your suffering is covered.
Stuck in a lift compensation amounts
There is an array of guideline compensation amounts for personal injuries, both physical and psychological that can be caused by being stuck in a lift. As such we’ve listed a small selection as follows:
- Compensation for severe psychological problems: £54,830 – £115,730.
- Compensation for moderately severe psychological trauma: £19,070 – £54,830.
- Compensation for a moderate psychological injury: £5,860 – £19,070.
- Compensation for less severe psychological trauma: £1,540 – £5,860.
If you’d like to talk to us about what compensation for being trapped in a lift you might receive overall, please call 0800 652 1345.
What to do if you’re trapped in a lift
After an accident in a lift, you might not think too much about claiming compensation for your injuries. However, it is a good idea to try and secure some proof in case that’s what you decide to do. Following the steps outlined might make it easier for you to win any subsequent personal injury claim:
- Take photographs. Using your phone, you should try to take a picture of any obvious defects or damage to the lift that caused it to become stuck. Additionally, pictures of any serial numbers, manufacturer’s details or inspection reports will be helpful.
- Report the accident. Legally, companies must use an accident report book (or something similar) to record any incidents on their premises. If you make sure the incident is reported, a copy of the report could be used as proof to support your claim.
- Get medical treatment. If you’ve suffered physical injuries you should visit a hospital, a minor injuries unit or your GP for proper treatment. X-rays and medical notes could be used to help prove your diagnosis.
- Speak to witnesses. Witness statements can be used to help prove you were stuck in the lift. Therefore, collect the contact details of anyone else present in the lift with you and any other witnesses and let them know that your solicitor might contact them in the future.
- Request CCTV footage. Many lift and elevator companies use security cameras in and around lifts. If the incident was recorded, you can ask for a copy of the relevant footage. You should be aware that recordings aren’t usually stored for too long so you must act quickly.
You could also keep a diary of events after the incident. For example, it would be a good idea to write down the days when your injuries stopped you from working or participating in your normal activities. Additionally, keeping a track of any expenses linked to your injuries can make it easier to claim them back as part of your claim.
No Win, No Fee claims
Our panel of solicitors have been working on personal injury claims for decades. Their legal training and experience could be the difference between winning or losing your claim. They could also help you to secure a higher compensation payment. Importantly, any personal injury claims taken on by solicitors on our panel will be handled on a No Win, No Fee basis.
If you agree to work with each other, your solicitor will forward you a Conditional Fee Agreement (CFA) to review. This is your contract and, once signed, it will allow your solicitor to:
- Begin working on your claim right away.
- Start collecting medical records and other types of proof.
- File the claim with the owner of the lift.
- Communicate with the defendant’s insurance company on your behalf.
- Look to secure the maximum level of compensation for being stuck in a lift possible.
Throughout the claims process, your solicitor will send you regular updates and you’ll be able to ask any questions that arise.
As your claim will be managed on a No Win, No Fee basis, you:
- Won’t need to pay your solicitor in advance.
- Don’t pay legal fees if the claim is lost.
- Will pay a success fee to your solicitor if the claim is won.
The success fee is a deduction from any compensation you are paid. It is legally capped at 25 per cent of your settlement amount. For clarity, the success fee percentage you’ll pay will be listed in your No Win No Fee agreement.
Lift accident claim time limits
In the UK, there is a 3-year time limit to claim personal injury compensation. For lift accident claims, your limitation period will usually begin on the date you were stuck in the lift where physical injuries were sustained or from the date a mental health condition linked to being stuck in the lift was diagnosed. There are a couple of exceptions to the 3-year rule:
- If a child is injured while stuck in a lift, their 3-year time limit starts on their 18th birthday. Before then, however, a litigation friend could be appointed to lodge a claim on their behalf instead.
- Where the claimant lacks the mental capacity to claim, there is no time limit. This might be the case where a vulnerable or elderly claimant was trapped in a lift.
It is usually beneficial to begin your claim sooner rather than later. Not only does starting earlier make it easier to secure proof to support the claim, but it will also mean you’ll be compensated sooner if the claim is successful.
You may wish to speak to your solicitor about interim payments if your injuries are causing immediate financial problems. In this scenario, if the defendant has already admitted liability, you could receive upfront payments to help you before the claim has been settled.
Start a compensation claim for being trapped in a lift today
We’re ready to help if you’ve decided to claim compensation for being trapped in a lift so contact our team on 0800 652 1345 for a no-obligation consultation today. During your call, one of our advisors will examine your claim and explain your chances of receiving compensation for your injuries. Whatever you decide to do next, we’ll provide free legal advice about your options.
If you do want to proceed to a claim and one of our personal injury solicitors agrees to represent you, they’ll manage the whole claim on a No Win, No Fee basis. That means you won’t pay for their work unless you receive a compensation payout.
You can contact us by phone or by connecting to our live chat service if you’d like to know more about claiming compensation for being stuck in a lift or request a claims consultation here.
