If you have been stuck in a lift, compensation could be provided to you. In order to claim compensation, you will need to prove that your injuries were caused by being stuck in a lift and that this was due to third-party’s negligent actions. You may have been stuck in a lift at work or trapped in a lift in a public place.
In this guide, we look at when you could be eligible to make a personal injury claim for an accident at work or in a public place. We look at steps you can take if you have been trapped in a lift, who you may be able to claim against and the different types of compensation you could claim. Finally, we look at the benefits of claiming with a No Win No Fee solicitor.
To learn more about the personal injury claims process, please contact our team.
- Send a message using our ‘contact us’ form.
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- Call an advisor now on 0800 408 7825 for further help.
Browse Our Guide
- Can I Claim Stuck In A Lift Compensation?
- What Could I Do If I’ve Been Trapped In A Lift?
- What Are Examples Of Stuck In A Lift Claims?
- How Much Stuck In A Lift Compensation Could I Receive?
- Why Use A No Win No Fee Solicitor To Claim Stuck In A Lift Compensation?
- Read More About The Personal Injury Claims Process
Can I Claim Stuck In A Lift Compensation?
Whether in the workplace or a public place, you are owed a duty of care. You should be kept safe and free from harm when using equipment such as lifts. In order to claim compensation, you need to show that your physical or psychological injuries were caused by someone breaching a duty of care they owed you.
Who Owes You A Duty Of Care In The Workplace?
Employers owe their workers a duty of care under The Health and Safety at Work etc. Act 1974. They must take reasonable steps and actions to help prevent accidents from occurring and to keep their employees safe. Part of their duty of care involves regularly maintaining and inspecting workplace equipment and machinery to make sure they are fit for purpose and safe to use.
However, sometimes lifts within a work building will not be operated or controlled by the employer, such as an office building. In this case, The Provision and Use of Work Equipment Regulations 1998 (PUWER) and The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) place a duty of care on lift owners and operators to design, install and maintain lifts appropriately so that they are safe for use.
Who Owes You A Duty Of Care In Public Places?
Under the Occupiers Liability Act 1957, the owner or occupier of a public place has a duty of care to ensure the reasonable safety of those using their space. Public spaces could include shopping centres, leisure facilities, airports, train stations and other public areas.
Per their duty of care, occupiers should perform regular risk assessments and conduct maintenance checks on any equipment or machinery available for public use.
What Are Common Lift Accident Injuries?
Being stuck in a lift could cause psychological or physical injuries. The type of injuries sustained may depend on how the lift accident occurred.
- If the lift stopped, jolted or dropped abruptly you could fall over, suffer a head injury, break a bone, or suffer soft tissue injuries.
- Being trapped in a lift for even a short period of time could trigger psychological symptoms such as claustrophobia, panic attacks, anxiety or post-traumatic stress disorder.
To see whether you may be eligible to claim stuck in a lift compensation, you can contact our advisors.
What Could I Do If I’ve Been Trapped In A Lift?
If you have been trapped in a lift, there are various steps you could take afterwards that could help you with making a compensation claim. One of these steps is gathering evidence. Having sufficient evidence that proves who was liable for the incident and what injuries you suffered could help support your chances of making a successful claim.
Examples of evidence that could support stuck in a lift compensation claims include:
- Medical records and reports can be used to show how you were injured.
- Reporting a workplace accident or accident in a public place is an important step. You can also request a copy of this report to use as evidence in your claim.
- Taking photos and requesting (any) CCTV footage of the accident.
- Keeping a diary of your injuries and symptoms. A diary could show how the accident has impacted you over time.
- Keep invoices and bank statements which illustrate any costs or any losses which were related to your injuries.
Learn more about the personal injury claims process and the steps you could take in order to make a stuck in a lift compensation claim by contacting our advisors today.
What Are Examples Of Stuck In A Lift Claims?
There are various ways in which you could be stuck in a lift due to another party’s negligent actions. Potential examples of circumstances in which you could make lift accident claims could include:
- Where an employer or the occupier of a space has not conducted regular safety inspections of the lift and any related equipment.
- If lift safety regulations have not been followed.
- Where the owner or occupier of a lift has not maintained it correctly.
- If the lift became stuck and passengers were trapped in there longer than necessary because staff have not been trained in dealing with emergency situations.
- Where the intercom or other emergency communication equipment did not work, and people could not raise the alarm.
- Where the owner or operator of a lift knew it was faulty and left it in service.
When you contact an advisor, they can assess your case, check whether you are eligible to claim stuck-in-a-lift compensation and connect you to a solicitor from our panel.
How Much Stuck In A Lift Compensation Could I Receive?
How much compensation you could claim for being stuck in a lift will depend on a variety of factors, such as what injury you have suffered and how serious the injury was. Your settlement may be made of two parts. These are damages for your injuries (called general damages) and those for the subsequent financial losses suffered (special damages).
In order to estimate what you could be awarded for your injuries, solicitors and other parties often refer to the Judicial College Guidelines (JCG). This is because this publication lists compensation guidelines for a range of injuries, both psychological and physical.
Below, we have included some of the figures listed within the JCG, aside from the top entry.
| Injuries | Severity | Example of compensation |
|---|---|---|
| Multiple serious injuries plus special damages. | Serious | Up to £1,000,000+ |
| Psychiatric damage - generally | (a) Severe | £66,920 to £141,240 |
| Psychiatric damage - generally | (b) Moderately severe | £23,270 to £66,920 |
| Post-traumatic stress disorder | (a) Severe | £73,050 to £122,850 |
| Post-traumatic stress disorder | (b) Moderately severe | £28,250 to £73,050 |
| Bladder | (d) Some Fairly Long-Term Interference With Function | £28,570 to £38,210 |
| Leg | (c) Less Serious (i) | £21,920 to £33,880 |
| Ankle | (c) Moderate | £16,770 to £32,450 |
Special Damages
Additionally, you may be awarded special damages. To include any of the costs or losses in your stuck in a lift compensation claim, you will need to submit appropriate evidence. This may include copies of bank statements or invoices for medical care.
Examples of costs you could claim compensation for include:
- Medical care and treatment.
- Care in the home, such as professional care.
- Therapy costs for any psychological harm suffered.
- Lost income due to time off work whilst in recovery.
Contact our advisors today to discuss your case and receive a free valuation of your potential compensation.
Why Use A No Win No Fee Solicitor To Claim Stuck In A Lift Compensation?
A No Win No Fee solicitor from our expert panel could help you to make a stuck in a lift compensation claim. They are experienced in handling personal injury claims for accidents at work and in public places.
Additionally, a solicitor from our panel could provide their services under a Conditional Fee Agreement (CFA). This means that they will work on your case on a No Win No Fee basis, and some of the advantages of this include:
- You will not have to make an upfront payment for your solicitor’s services.
- There are no ongoing payments for their services.
- You will not have to pay anything for their work if your claim is not successful.
If your No Win No Fee solicitor does win your case they will charge a success fee. This is calculated as a percentage of your compensation. The percentage which could be charged is legally limited.
Find out if you could claim compensation for being trapped in a lift by contacting our team:
- Phone an advisor now on 0800 408 7825.
- Contact us online about your case.
- Talk to us using the live messaging feature.
Read More About The Personal Injury Claims Process
Below, we have included further helpful personal injury claims guides by us:
- In this guide we look at whether you get paid if you get injured at work and how you could claim compensation.
- In this guide, we look at when you could make a child personal injury claim if your child has been injured.
- Learn what the personal injury claims process is within this guide.
Further references:
- In The Lift Regulations 2016: Great Britain you can find further guidance on regulations applying to lifts and lift components.
- Being stuck in a lift could result in conditions such as Post-Traumatic Stress Disorder. This NHS guide provides further information on the condition.
- You can find helpful information about dealing with the symptoms of stress in this NHS resource.
We hope our guide to stuck in a lift compensation claims has helped you. For further information on how you could claim compensation for being trapped in a lift, please contact a member of our team today.
