How To Make A Stuck In A Hotel Elevator Compensation Claims – Hotel Lift Injury Am I Eligible To Claim?

Stuck in a hotel elevator compensation claims

Stuck in a hotel elevator compensation claims

When you arrive at a hotel to be told your room is on the 5th floor, you’ll probably be relieved to find there’s an elevator, especially if you’re carrying heavy luggage. While lifts or elevators can be very useful, if they’re not maintained correctly, they can break down and cause passengers to suffer physical or psychological injuries. In this guide, we’re going to discuss when you could claim compensation after being stuck in a hotel elevator. We’ll look at why an elevator might break, what injuries could be sustained and what amount of compensation you could be entitled to.

Here at Accident Claims UK, we offer free legal advice on a no-obligation basis. If your claim has good grounds, we could introduce you to one of our personal injury solicitors. Should they take your claim on, it’ll be on a No Win, No Fee basis.

To begin your claim right away, please call a specialist advisor on 0800 073 8801 today. Alternatively, to find out more about claiming compensation after being stuck in a hotel elevator, please continue reading.

Select A Section

A Guide To Stuck In A Hotel Elevator Compensation Claims

Elevators are often found in hotels and are used to help guests move around without having to climb multiple flights of stairs. It’s important to note that even though we’re providing advice about claiming compensation after being stuck in a hotel elevator, they are actually very safe and don’t break down that often.

If an elevator is maintained in accordance with the manufacturer’s guidelines, it should operate correctly and safely. However, if it’s not maintained properly and it breaks down, you might be entitled to claim compensation for any suffering caused if you’re trapped for any length of time. While some people won’t be affected by a lift breaking down, for others it can be their worst nightmare and lead to months or years of suffering.

Therefore, we’ll review why elevators get stuck, when a hotel might be liable for your suffering and how much compensation you could be entitled to. As well as physical injuries you might sustain, we’ll look at claiming for psychological injuries such as post-traumatic stress disorder.

If you are considering making a claim, we’d advise you to seek legal advice as soon as possible. That’s because, in most circumstances, there’s a personal injury claims time limit of 3-years. This usually begins from the date you became aware of the avoidable suffering caused by the broken hotel elevator. Beginning your claim sooner rather than later will allow your solicitor to gather any evidence to support your claim such as CCTV footage, witness statements and medical records.

When you’ve read our guide, we’re here to help if you require any further information or decide you’d like to make a claim. Our advice is always free and there’s no obligation to make a claim so please speak with an advisor today.

What Are Stuck In A Hotel Elevator Accidents?

To be eligible to make a compensation claim, you’ll need to be able to demonstrate that:

  • You were owed a duty of care, which is the case for hotel guest.
  • Somebody was negligent and caused an accident to happen.
  • And you suffered (physically or psychologically) as a result of the accident.

Therefore, if a lift breaks down because of a power cut which the hotel had no control over, then a claim wouldn’t be possible. However, if the elevator broke because the hotel hadn’t maintained it properly, then you could be entitled to claim. If you believe that to be the case, please contact an advisor. They’ll assess your claim for free and provide free advice on your options.

What Is A Hotel’s Responsibility For Elevator Safety

As mentioned previously, a hotel is responsible for the safe use of their elevators. This duty of care extends to both guests and employees. This means they need to try and ensure their safety wherever possible. While no hotel will ever be completely risk-free, the hotel’s owners need to risk assess different areas of the hotel and make changes to reduce danger wherever possible.

For guests, this includes ensuring any equipment or furniture in rooms is fit for purpose and fault free. It also means they need to ensure food is cooked properly, gym equipment is safe and swimming pools are serviced properly too.

For staff, the hotel needs to ensure adequate training is provided, personal protective equipment is provided where needed and any faulty equipment is repaired in a timely manner.

Regulations For Passenger Elevator Safety

The main legislation regarding elevators in public places is The Lifts Regulations 2016. While there are slightly different responsibilities for businesses regarding lifts used by staff or members of the public, generally they need to:

  • Examine the lift every 6 to 12 months.
  • Inspect the elevator periodically.
  • Repair any faults promptly.
  • Keep records of any problems and maintenance.
  • Appoint a competent person to be responsible for the elevator.

Under the regulations, different obligations are applied to manufacturers, installers, distributors and businesses using elevators. The regulations are enforced by the Health and Safety Executive (HSE).

Risks Associated With Using Elevators

As already noted, hotel elevators are generally very safe to use. They can be essential for wheelchair users, people carrying luggage or somebody using a pushchair. It’s fair to say that that you could be more likely to be injured while using the stairs. Being stuck in a falling lift is probably one of the most common fears of elevator passengers but, generally, most accidents are much more minor.

The main risks associate with elevators is if they are not built or installed properly or when the building owner fails to maintain the lift in accordance with the manufacturer’s guidance. It’s these cases that could mean you’re liable to seek compensation for any suffering caused. Obviously, proving that an elevator was faulty or not maintained properly can be tricky. That’s where our solicitors could help you with your claim. While they’re not engineers, they do know what evidence to ask for to support your claim and can use experts to review why the incident occurred.

Passenger Elevator Accident Statistics

The Lift and Escalator Industry Association (LEIA) produce annual accident statistics detailing the types of accidents that have been reported. The latest report showed that in 2018, the main reasons for accidents in public lifts were:

  • Falls – 49%.
  • Incidents involving lift doors – 21%.
  • Contact with moving machines – 7%.
  • Levelling incidents – 7%.
  • Trapped in an elevator – 6%.

Whatever type of accident you’ve had, and however you were injured, we could help you begin a compensation claim. Please contact us with details of what happened, and we’ll explain your options.

Causes Of Hotel Elevator Accidents

Here are some examples of the type of hotel elevator accident that could occur:

  • A sudden stop or jolt of the elevator causing a fall.
  • When the elevator fails to level correctly causing a passenger to trip.
  • A limb, clothing or bag being trapped in a malfunctioning door.

Again, if you’re injured in any way as a result of a malfunctioning hotel elevator, you could be entitled to seek compensation for your injuries.

Causes Of Being Stuck In A Hotel Elevator

As we’ve been discussing compensation claims for being stuck in a hotel elevator, we thought it’d be a good idea to explain what can cause it to happen. Here are some scenarios:

  • Power cuts can result in an elevator stopping and the passengers being trapped. If this is caused by an external power cut, then a claim is unlikely to succeed. However, if the elevators power supply hasn’t been maintained properly or is faulty, then you might be entitled to claim.
  • When an elevator isn’t maintained properly, tiny bits of metal can get into the oil. If this is allowed to build up, it can cause motor problems that mean the elevator could stop suddenly and trap those inside.
  • A key part of the elevator is its operating system. This defines when the lift stops, when doors open and other functions. If the system isn’t maintained regularly and it becomes faulty, the lift might stop at the wrong place and result in any passengers being trapped.

There may be a safety notice explaining what to do if you become trapped in the elevator. The key piece of advice is not to panic and to make contact via the emergency call button so that assistance can be sent. If you are trapped, and it can be shown that a negligent maintenance regime was to blame, then you could be entitled to seek compensation for any injuries caused. We’ll look at these in the next few sections of the guide.

Injuries Which Could Be Caused By Being Stuck In An Elevator

If a lift stops suddenly, or if fails to level correctly, there are a number of physical injuries which could be sustained. These include:

  • Head injuries such as concussion.
  • Sprains or strains.
  • Fractures or broken bones.
  • Cuts and bruises.
  • Back injuries.

If you do want to claim for a physical injury caused by an elevator accident, you should try to gather some evidence to support your claim. This can include:

  • An accident report. All companies are required to log accidents and their log can be used to help prove dates, times and who was involved.
  • Medical records from a GP or hospital. These can be used to provide details of the injuries sustained.
  • CCTV footage if the elevator has any.
  • Witnesses details as they may be asked to provide a statement of what happened.

Psychological Injuries Caused By Being Stuck In An Elevator

As with the physical injuries listed in the previous section, you could make a claim for any psychological injuries caused by the incident. Some won’t use elevators because they are claustrophobic and worry about being in confined places. However, many people won’t have any fears with using them until they become stuck. The types of psychological issue you may be able to claim for include Cleithrophobia. This is the fear of being trapped. Unlike claustrophobia, somebody who has Cleithrophobia will be fine with being in a confined space but could suffer anxiety or panic attacks at the point the elevator stops functioning.

Even though you might not suffer any physical injuries, if a specialist diagnoses psychological issues caused as a result of the elevator malfunction, you could be entitled to begin a claim.

Post-Traumatic Stress Disorder Caused By Being Stuck In A Lift

Post-traumatic stress disorder, or PTSD, is quite commonly mentioned in the media. It is often linked to military staff who are struggling with the effects of their service. However, there are a number of different causes of PTSD according to the NHS. These include recent frightening or stressful events.

There are many different forms of PTSD and different symptoms. The most common is re-experiencing the incident. This can be in the form of nightmares, flashbacks and physical symptoms such as sweating, nausea, pain and trembling. Other symptoms linked to PTSD includes destructive behaviour such as drug or alcohol abuse, self-harming. The sufferer could also develop new phobias, become anxious or depressed.

Somebody who suffers from PTSD due to an elevator accident might be unable to return to the scene of the incident or use lifts as it could trigger harmful memories. According to the NHS, it’s quite normal to be reminded of a traumatic event. Their advice is that, if the symptoms persist for more than 4-weeks, then you should contact your GP.

They could refer you to a specialist for an assessment. Should they confirm you’re suffering from PTSD, you could be able to claim compensation for the harm and suffering caused by the incident.

Stuck In A Hotel Elevator Compensation Claims Calculator

Now that you’ve read about why you could claim compensation, it’s time to look at how much you could receive. It’s not possible to provide a personalised estimate here because every claim is different. Therefore, rather than using a personal injury claims calculator (which can be tricky to use), we’ve provided the compensation table below.

Injury TypeSeverityCompensationFurther Details
Post-Traumatic Stress Disorder Severe£56,180 to £94,470This category covers PTSD which results in permanent effects which stop the claimant working or functioning at anything like the pre-trauma level. All aspects of life will be affected.
Post-Traumatic Stress Disorder Moderately Severe£21,730 to £56,180The effects of PTSD will result in significant disability for the foreseeable future but there will be a better prognosis with some recovery following professional help.
PsychologicalSevere£51,460 to £108,620This category is for cases where the claimant receives a poor prognosis from a psychiatrist.
PsychologicalModerately Severe£17,900 to £51,460This category covers work-related stress that results in a disability that means a return to comparable work isn't possible.
PsychologicalModerate£5,500 to £17,900This category is for work-related stress with a good prognosis and where symptoms are not prolonged.
PsychologicalLess Severe£1,440 to £5,500The amount paid in this category will be based on the period of disability that affects daily activities and sleep.

As you’ve probably noticed, injuries are compensated based on their severity. That means your solicitor will need to provide evidence to prove the exact level of your suffering. Therefore, as part of the claims process, our solicitors arrange a medical assessment by a local specialist. During the assessment, they’ll ask you a number of questions and examine you. Then they’ll write a report detailing what injuries you sustained, how they’ve affected you and whether you’ll suffer in the future.

Costs Or Losses You Could Be Compensated For

As well as claiming for pain, suffering and loss of amenity (general damages), you can claim for a number of special damages. These are designed to ensure you’re not left out of pocket as a result of your injuries.

Your solicitor could help you claim for:

• Medical expenses to cover the cost of any prescriptions or over the counter medicines.
• Travel costs such as parking fees and fuel to get to a doctor’s surgery or hospital.
• The cost of a carer who’s needed to look after you while you recover.
• Lost income because you needed to take time off work to recover or attend a medical appointment.

To claim for special damages, it’s important that you retain any receipts, wage slips or bank statements that prove the level of expenditure.

How Accident Claims UK Could Help You Sue A Hotel

If you’re now considering making a personal injury claim after being stuck in a hotel elevator, here’s some information about how we could help you.

  • Our claims line is open 24-7 and provides free claims advice.
  • We offer a no obligation assessment of any claim.
  • Our specialist solicitors work hard to try and ensure you receive the right level of compensation.
  • You’ll receive regular updates throughout your claim and your solicitor will be on hand to explain any legal jargon as your case progresses.
  • Your solicitor will work as efficiently as possible.

If you would like to know anything else about Accident Claims UK or the service we provide, please speak with an advisor today.

No Win No Fee Stuck In A Hotel Elevator Compensation Claims

At Accident Claims UK, we believe you should be able to seek compensation without worrying about the costs involved. To reduce the financial risks of claiming and to give you the confidence to pursue justice, our solicitors work on a No Win, No Fee basis.

When you get in touch, a solicitor will review the merits of your claim. If they’re happy to proceed they’ll provide you with a No Win, No Fee agreement. This is also known as a conditional fee agreement or CFA.

The CFA is a contract between you and your solicitor that states:

  • There are no upfront fees.
  • You don’t have any fees to pay during the case.
  • If the claim is unsuccessful, you don’t have to pay the solicitor’s fees.

When the solicitor wins your case, and you’re compensated, they ask for a small contribution towards their costs. This is called a success fee which is a percentage of your compensation that’s deducted when the claim is completed.

Don’t worry too much about the success fee as it’s listed in the CFA (so you’ll know what you’ll pay right from the start) and they are legally capped.

Call and speak with a member of our team today to find out if your case is eligible for our No Win, No Fee service.

Start Your Claim For Being Stuck In A Hotel Elevator

Thanks for reading our guide about claiming after being trapped in a lift. We hope you’ve found the information informative and helpful. If you’d like to begin a claim today, here are our contact details:

Our claims line is open 24-7 so you can begin your claim whenever it suits you. We’ll begin by reviewing your claim and any evidence you can supply. Then, if your claim is strong enough, we could introduce you to one of our personal injury solicitors. If they take your claim on, they’ll work on a No Win, No Fee basis.

Essential References

You’ve reached the final section of this guide about claiming compensation after being stuck in a hotel elevator. To provide further assistance, we’ve provided some further useful information below.

Hotel Accident Claims – A guide which explains when personal injury claims can be made following accidents in hotels.

Lift And Escalator Claims – This guide explains how to claim compensation if you’re injured in a lift or on an escalator.

Slips, Trips And Falls – Information on how a personal injury lawyer could help you claim for a fall caused by somebody else’s negligence.

Hotel Health And Safety – A guide on a hotel’s health and safety responsibilities from the HSE.

The Lifts Regulations 2016 – The legislation that could be used to claim after being trapped in a hotel lift.

Post-traumatic Stress Disorder – This NHS guide explains the causes, symptoms and treatment of PTSD.

Article by BH

Edited by MM.