Legal Question in Personal Injury in California

Son injured in office elevator

My son and wife came to my office for an event. on our way out, my son's arm got stuck in the elevator door. With the help of some other people in the office lobby we were able to get his arm free, but he was very upset and his hand was swollen and bruised. I had the paramedics come out and they determined his hand was not broken.

I believe that the elevator should have detected the resistance and should not have continued to open thus wedging my sons hand between the door and the frame. Should I pursue legal action?


Asked on 12/20/05, 4:53 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Son injured in office elevator

It doesn't sound like your son was seriously harmed. Minor injuries will only result in limited damages, and punitive damages would not be available. I very much doubt that a suit would be worth the cost or the bother.

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Answered on 1/04/06, 8:09 pm
Michael M. Marzban, Esq. Bob M. Cohen & Associates

Re: Son injured in office elevator

It seems that your son may have a case, but a lot more questions need to be answered: (1) How old is your child? (2) Did the propery owners conduct routine maintenance? and (3) Are there any prior incidents at the facility? If you are serious about pursuing this, then you will need an attorney. Call my office for a free initial consultation. We work on a contigency.

1-800-999-HURT.

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Answered on 1/03/06, 7:11 pm
Terry A. Nelson Nelson & Lawless

Re: Son injured in office elevator

While there may be legal liability, the issue is one of damages. If he has no medical expenses, case value is limited. If he is a minor, it makes it more difficult, since settlement would have to be court approved, resulting in more attorney fees. Contact me if you think it is worth pursuing, to discuss the realities.

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Answered on 1/03/06, 8:46 pm


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