QUESTION
If my 7 years old daughter had her hand crushed between the opening elevator doors, is this something that could be a case?
Asked on Apr 14th, 2017 on Personal Injury - California
More details to this question:
My 7 years old daughter had her hand crushed between the opening elevator door and the pocket the door slides into. She achieved this by placing her hand flat on the door when it was opening. The elevator did not stop and continued to jerk trying to open and as a result was smashing her hand. The buttons would not work and I had to pull her hand from the pocket. After a week of swelling and pain she was put in a cast. The doctor is suspecting nerve damage and believes a fracture may exist but is unable to clearly see it on the X-ray due to her age. She is right handed and we are not sure the extent of the damage long term. A check of the elevator shows a temporary permit last inspected February 15, 2017 pending an annual permit which expired December 21, 2016. The day after this all residents in my mom's senior housing complex received a notice the elevators were going to be serviced. Several people ran out of their apartments from hearing my daughter's screaming.
1 ANSWER
I do not understand how the accident occurred [how did she get her hand into the pocket], but elevator doors are designed not to close on objects in their way, so it probably was a malfunction. Tell the management of the home what happened and will they accept liability. If your daughter is under the age of six, legally she can not be contributory negligent but you still have to show that the owner had or should have had notice of the defect.
Answered on Jul 14th, 2017 at 9:16 AM