Legal Question in Personal Injury in Florida

I was recently stuck in an elevator and I pressed the button inside the elevator for assistance I spoke to someone from the elevator company to inform them I was stuck but no one came. Afterwards my husband called fire rescue and they informed us that the elevator company never called the dispatch for a rescue to help us. I was stuck with my three children and I am 9 months pregnant can I sue for emotional distress or for any other reason?


Asked on 10/27/14, 8:28 pm

2 Answers from Attorneys
David Harris Davd Harris Law PA

Emotional distress requires proof of severe distress, typically when the victim seeks help from a mental health professional and physical manifestation of injury, e.g. sleeplessness, phobia, harm to pregnancy, etc.

The length of your isolation in the elevator, whether there was a defect which caused the incident, and similar elements would have to be reviewed. However, the damages would likely would be quite limited if the duration was short and there was no physical harm or psych treatment for distress caused by the event.

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Answered on 10/28/14, 4:59 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You do not have a claim that is worth pursuing despite your upset and their failure. Sorry for the problem. I have been stuck in an elevator for far less time and it was quite stressful so I know the situation is upsetting. Perhaps you can write a letter to the company so that they know what happened and how much distress it caused you.

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Answered on 10/28/14, 8:02 am


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