By Jo Anderson. Last Updated 2nd January 2024. Welcome to our guide to claims for being stuck in a hotel elevator. Below, we answer questions such as “What happens if you get stuck in a lift?”, “Who should you call if you get stuck in an elevator?” and, perhaps most importantly, “Can I claim for being stuck in an elevator?’ and ‘How much compensation can I claim if stuck in an elevator?’
We discuss what calculating the average settlement for an elevator accident involves. Further to this, we explain what an elevator lawsuit payout could include and the detriments you could claim for in a stuck in an elevator lawsuit. Plus, we explain what to do if you get stuck in an elevator and ‘why do elevators get stuck?’. If you’re wondering ‘can you sue for getting stuck in an elevator, this guide could be useful’.
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
- Can You Claim For Getting Stuck In A Hotel Elevator?
- Is There A Time Limit For Claiming After Getting Stuck In A Hotel Elevator?
- Steps To Take After Getting Stuck In A Hotel Elevator
- Causes Of Being Stuck In A Hotel Elevator
- What Is The Average Settlement For Elevator Accident Claims?
- No Win No Fee Stuck In A Hotel Elevator Compensation Claims
When you are in a public place, such as a hotel, the controller of the space owes you a duty of care. This means that they must take steps to ensure the reasonable safety of visitors, which is set out under the Occupiers’ Liability Act 1957. Therefore, if you suffer injuries due to a hotel elevator accident, then in order to be eligible to make a personal injury claim, the incident must have been caused by the hotel owner breaching their duty of care.
If you work in a hotel, your employer will owe you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, your employer must take all reasonably practicable steps to ensure you are safe while working.
For example, if they are aware that the lift is faulty but take no steps to remedy it, or if they neglect the lift and fail to maintain it, this could allow it to get stuck. This could be seen as a breach of their duty of care.
If you get stuck in an elevator, to be eligible for compensation via personal injury claim, you would need to prove that:
- You were owed a duty of care
- This duty of care was breached
- As a result, you suffered injuries
If you have been trapped in a lift, you may have suffered physical injuries or psychological illness. Call our advisors now to see if you can make a personal injury claim.
If you have been stuck in an elevator and are eligible to make a personal injury claim, you will only have a certain amount of time to do so. Per the Limitation Act 1980, all personal injury claims must be started within 3 years of the accident date.
However, there are certain exceptions that apply to this limitation period. For example, if a child suffered injuries from being stuck in an elevator in a hotel, they couldn’t start a claim until their 18th birthday. From this date, they will then have three years to begin legal proceedings. However, a litigation friend could be appointed by the court to begin a claim on their behalf prior to their 18th birthday.
The time limit is suspended for those lacking the mental capacity to begin their own legal proceedings. It will only be reinstated if the person regains this required mental capacity, giving them three years to start their own claim from the recovery date. Alternatively, a litigation friend could act on their behalf while the time limit is paused.
To learn more about claiming on behalf of someone else, or to check whether you are still within the limitation period, contact a member of our advisory team.
You will need to collect and submit evidence in order to make a claim. It must show that a breach in the duty of care owed to you by the hotel caused your injuries.
Examples of evidence that could be useful if you were stuck in an elevator:
- Footage from the scene. The hotel elevator might have CCTV. You can request CCTV footage of yourself to submit.
- If you took any photographs while in the elevator that shows it was faulty, or if you sustained visible physical injuries, you could submit these.
- Witness contact information. If anyone was stuck in the lift with you, or if anyone saw maintenance or rescue workers freeing you, they could provide a statement.
- Medical records. In addition to your medical records, you might be invited to attend an independent medical assessment. This can help understand the extent of your injuries and what impact they are expected to have.
Call our advisors if you need any advice about what steps to take if you were trapped in a lift. They can assess the eligibility of your claim. If it seems suitable, you could be passed onto one of our No Win No Fee solicitors.
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.
If your stuck in an elevator lawsuit is successful, you might wonder how much an elevator lawsuit payout could be. In general, there are two heads of claim you could receive in a successful claim. You could be awarded general damages to compensate you for the physical and mental pain and suffering you’ve experienced due to your injuries, plus any loss of amenity. You could also receive special damages for the financial losses caused by your injuries. We will explain more about special damages in the next section.
Calculating General Damages After Getting Stuck In A Hotel Elevator
There are many unique circumstances and facts that could influence how much a successful stuck in a hotel elevator lawsuit could bring a claimant. Some factors that courts and lawyers could take into account could be the severity of the injury, whether further treatment is required, and whether there is a psychological impact of the injury. These are just a few examples. Therefore, asking about the average settlement for an elevator accident wouldn’t give you much insight into your own payout.
While you could use a personal injury claims calculator to get an idea of how much your claim could bring, we have offered an alternative. The below table illustrates how much compensation could be appropriate for various injuries. The figures are from the Judicial College Guidelines (JCG). This publication could be used by solicitors for claims in England and Wales to help them value general damages payouts.
|Severe combinations of injuries with associated financial losses.
|Up to £500,000+
|A serious combination of injuries causing suffering and pain as well as financial losses such as loss of pay.
|£54,830 to £115,730
|This category is for cases where the claimant receives a poor prognosis from a psychiatrist.
|Moderately Severe (b)
|£19,070 to £54,830
|This category covers a level of injury that results in a disability that means a return to comparable work isn’t possible.
|£5,860 to £19,070
|This category is for work-related stress with a good prognosis and where symptoms are not prolonged.
|Less Severe (d)
|£1,540 to £5,860
|The amount paid in this category will be based on the period of disability that affects daily activities and sleep.
|Post-Traumatic Stress Disorder
|£59,860 to £100,670
|This 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 (b)
|£23,150 to £59,860
|The 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.
|Post-Traumatic Stress Disorder
|£8,180 to £23,150
|In this bracket, the claimant has some continuing symptoms that are not particularly disabling.
|Post-Traumatic Stress Disorder
|Less severe (d)
|£3,950 to £8,180
|The claimant has made a virtual full recovery within two years. However, there may still be minor symptoms.
This is only rough guidance, however. The amount you could receive for your claim would depend on the unique facts and circumstances of your claim. Please call our team to discuss how much you could claim.
At Accident Claims UK, we believe you should be able to seek compensation after getting stuck in a hotel elevator 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 hotel elevator. We hope you’ve found the information informative and helpful. If you’d like to begin a claim today, here are our contact details:
- You can call for free claims advice on 0800 073 8801
- An online advisor can discuss your claim via our live chat facility.
- We can call you back at a convenient time if you complete our online claims form.
- Or you can email details of your accident to firstname.lastname@example.org.
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 compensation solicitors. If they take your claim on, they’ll work on a No Win, No Fee basis.
We hope this guide has answered the question, “I got stuck in an elevator, can I claim compensation?”