What to do after an elevator accident

Suffering an accident due to the malfunction of an elevator or a freight elevator is a traumatic experience, which can cause not only significant physical damage but also profound psychological shock. In such delicate moments, understanding your rights and how to act to obtain fair compensation is fundamental. The complexity of civil liability regulations requires careful analysis and in-depth knowledge of the subject. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci assists victims of these accidents, providing legal support aimed at fully protecting their interests.

Civil liability for elevator damages

In Italy, liability for damages caused by an elevator primarily falls on two parties: the condominium (or the building owner) and the company responsible for maintenance. The law, particularly Article 2051 of the Civil Code, establishes a form of objective liability for the custodian of the property, in this case the condominium. This means that the condominium is held responsible for damages caused by the system, regardless of its direct fault, solely by virtue of having custody and control over it. To be released from this liability, the custodian must provide proof of the so-called 'fortuitous event', i.e., an unforeseeable and exceptional event that caused the accident, completely outside their sphere of control.

In parallel, there is the liability of the maintenance company. This is linked to the maintenance contract stipulated with the condominium and is contractual and non-contractual in nature. If the accident is attributable to negligence, imprudence, or lack of skill in carrying out periodic checks and repair interventions, the maintenance company is obliged to compensate for the damages caused. Often, the two liabilities concur, and legal action is directed towards both parties to ensure the victim receives maximum possible protection.

The Bianucci Law Firm's Approach

Handling a claim for compensation for an elevator accident requires a precise and meticulous strategy. The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in compensation for damages in Milan, is based on a thorough preliminary analysis of each individual case. The first step involves collecting all documentary evidence: medical reports, testimonies, photographs of the system, and, above all, obtaining the elevator maintenance records. Subsequently, trusted technical consultants and forensic doctors are engaged to ascertain the dynamics of the accident and precisely quantify all compensable damages: from biological damage (injury to psychophysical integrity) to moral damage (inner suffering), up to patrimonial damage for medical expenses incurred and loss of earning capacity. The goal is always to facilitate an out-of-court settlement with insurance companies, but without ever hesitating to take legal action if the compensation offer is not deemed adequate to fully compensate for the prejudice suffered by the client.

Frequently Asked Questions

Who pays for damages in an elevator accident?

Liability generally falls on the condominium, as the custodian of the system under Article 2051 of the Civil Code, and/or on the company responsible for maintenance, if the accident is due to its negligence. Often, both parties are jointly liable for the damage caused to the victim.

What damages can be compensated after a fall in an elevator?

Various types of damages can be compensated. Non-patrimonial damage includes biological damage (physical and psychological injury certified by a forensic doctor), moral damage (subjective suffering), and existential damage (deterioration of quality of life). Patrimonial damage, on the other hand, includes medical expenses incurred and future expenses, and loss of earnings due to the inability to work (temporary or permanent disability).

How long do I have to claim compensation for an injury?

The right to compensation for damages arising from a tort, such as an elevator accident, generally expires five years from the date the accident occurred. However, it is crucial to act promptly to avoid compromising the possibility of collecting decisive evidence.

Do I have to prove the condominium's fault to be compensated?

No, it is not necessary to prove fault. The condominium's liability as custodian is objective. The injured party only needs to prove the causal link, i.e., that the damage suffered was directly caused by the elevator malfunction. It will then be up to the condominium, if it wishes to be exempt from liability, to prove the existence of a fortuitous event.

Contact an Expert Lawyer for Your Case

If you or a family member has been a victim of an elevator accident, it is crucial to rely on a professional who can guide you through the complex process of obtaining fair compensation. Managing relationships with experts, insurance companies, and opposing parties requires specific expertise and determination.

For an assessment of your case, you can contact the Bianucci Law Firm located in Milan, at Via Alberto da Giussano, 26. Lawyer Marco Bianucci will provide an initial legal opinion to analyze the feasibility of a compensation action and define the most effective strategy to protect your rights.