By Max Morris. Last Updated 16th June 2022. In this guide, we will look at the process of claiming compensation if you were stuck in a lift. When you’re in a public place or at work, certain parties have a responsibility to keep you safe.
If this duty of care is breached, and you’re injured as a result, you might be eligible to receive compensation. You can claim for psychological damage as well as for any physical injuries you sustain.
Our empathetic team of advisers are on hand 24 hours a day to offer you free legal advice and discuss your situation. If they think your claim is valid, you may be connected to an expert personal injury solicitor from our panel.
They can then start the claim to seek the highest amount of compensation you deserve. Furthermore, they might be able to take your case on a No Win No Fee basis.
Our sympathetic team of advisers can be reached by:
- Telephone on 0800 408 7825 to talk through your case.
- Our claims form online where you can input your information and get a response at your nearest convenience.
- Our instant chat pop-up box to have a conversation immediately.
Select A Section
- Can I Claim Compensation If Stuck In A Lift?
- What Injuries Could You Get In A Lift Accident?
- How Often Do Lifts Get Stuck?
- Can You Claim For Psychological Injuries?
- Who Do I Claim Against?
- Stuck in a Lift – Compensation Payouts for 2022
- Talk To A No Win No Fee Lawyer
- Find Out More About Lift And Escalator Accident Claims
If you’ve been stuck inside a lift, this might be the result of a breach of duty of care. If this is the case, and you’re injured as a result, then you may be able to claim.
It’s important to note that you can only claim for injuries if this kind of incident came about as a result of negligence. If this kind of incident happens, but there was nothing anyone could have reasonably done to foresee or prevent it, you would not be entitled to claim.
For more information on claiming compensation after being stuck in a lift, speak with an advisor from our team today. You could be connected with a solicitor from our panel.
There is a wide range of injuries that you could sustain as a result of being stuck in a lift where the lift jolts as it stops. For example:
- Muscle strains and sprains. If the lift jolts as it comes to a stop, and a part of your body like your neck moves backwards and forwards as a result, this could result in a soft tissue injury like whiplash.
- Fractures. The movement of the lift could cause you to fall and sustain an injury like a fractured jaw or fractured hip.
- Head injuries. You could fall and hit your head on the floor, or be thrown to the side and hit your head on the wall.
Psychological injuries from being stuck in a lift
You could also claim compensation for any psychological injuries you sustain as a result of being trapped in a lift. For example, the experience might make you anxious or cause you to suffer from post-traumatic stress disorder (PTSD). You could include these injuries as part of a compensation claim.
The Health and Safety Executive (HSE) has provided statistics on lift accidents. It shows the number of people injured or killed in elevator accidents since 2002.
There were 266 people injured in elevator accidents since 2002 and 4 people were killed. However, these statistics don’t relate to negligence so we cannot determine how many of these could be the grounds for successful claims.
You could possibly claim compensation for psychological injuries caused by being stuck in a lift. Here are some examples of mental injuries you could sustain:
- PTSD – This could occur due to the trauma being trapped in a lift causes you. You may have flashbacks to the incident that could affect your daily life.
- Anxiety – You may experience anxiety due to the experience, which may result in you having a fear of entering lifts again. This could have an impact on your quality of life.
For more information on what you could claim for and what costs could be included in your claim, speak with one of our advisors today.
You’re owed a duty of care in a number of different scenarios. For example, when you’re at work, your employer owes you a duty of care according to the Health and Safety at Work etc. Act 1974.
When you’re in a public place, you’re owed a duty of care by the person in control of the space. They’re referred to as the “occupier”, and their duty of care is set out in the Occupiers’ Liability Act 1957.
In both cases, the responsible party should take reasonably practicable steps to ensure your safety.
In order for you to claim, it’s important that the duty of care was breached. If the person responsible for your safety fulfilled the duty of care that they owed you, you would not be able to claim, even if you were injured.
For more information on making a claim after being stuck in a lift, speak with one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel.
If you’re seeking compensation for being stuck in a lift, it is important to note that you must have been injured due to negligence in order to make a valid personal injury claim. If you are eligible to claim, there are two potential heads of losses that could be included in your compensation.
These two heads of losses are:
- General damages – This compensation amount relates to the suffering, pain and general negative impact caused by the injury. The amount received depends on factors including the extent of the injury and if any permanent injuries have been caused. You could also claim for multiple injuries, both physical and psychological, caused as the result of another person’s negligence.
- Special damages – This compensation amount relates to the financial losses caused by the injury. Losses you can claim for could include travel costs, home adjustments and loss of earnings. You would need sufficient evidence, such as receipts and bank statements, to show the value of the losses in order to claim.
The Judicial College Guidelines can give you a clearer idea of how much compensation for being stuck in a lift you could receive. The Judicial College examine previous general damages payouts from England and Wales to create the compensation brackets below. Please remember that these figures are not guaranteed as the compensation figure can be influenced by many different aspects.
|Psychiatric Damage||Severe||Injuries within this bracket will have a poor prognosis. The injured person will have marked problems with life, work and relationships and the prognosis will be poor.||£54,830 to £115,730|
|Psychiatric Damage||Moderately Severe||Injuries within this bracket will have a better prognosis than those above.||£19,070 to £54,830|
|Post-Traumatic Stress Disorder||Severe||All parts of the life are impacted, resulting in the person not being able to attend work or have a social life as they did before the injury.||£59,860 to £100,670|
|Post-Traumatic Stress Disorder||Moderately Severe||Similar symptoms as above but the prognosis is more promising. However, there will still be a significant impact on the person's future.||£23,150 to £59,860|
|Brain Injury||Less Severe||A good recovery will have been made and the injured person will be able to take part in a normal work and social life.||£15,320 to £43,060|
|Neck Injury||Moderate (i)||Serious soft tissue injuries to the neck and back combined.||£24,990 to £38,490
|Head Injury||Minor||If there is any brain damage, it will be minor.||£2,210 to £12,770|
|Neck Injury||Minor (i)||Minor soft tissue injuries where a full recovery takes place within 1-2 years||£4,350 to £7,890
|Wrist||(e)||An uncomplicated Colles' fracture.||In the region of £7,430|
|Chest Injury||(g)||Where ribs have been fractured or soft tissue injuries sustained, causing serious pain for a period of weeks.||Up to £3,950
If you would like to see if you’re able to claim or would like more information about the claims process, please contact us for free legal advice using the details above.
A No Win No Fee agreement is an agreement between your lawyer and yourself. It states what conditions your solicitor has to meet before they get paid.
If your claim is unsuccessful, you won’t be asked to pay your solicitor anything. If your claim succeeds, your solicitor will deduct a legally capped percentage of the compensation that you receive. However, you will still receive the majority of your awarded compensation.
Please don’t hesitate to contact our helpful team of advisers today to discuss your case. If you have a valid claim, an adviser can connect you to an experienced personal injury solicitor in our panel to then discuss No Win No Fee agreements with you. They can then begin your claim.
You can contact our helpful team of advisers by:
- Calling them on 0800 408 7825 to receive legal advice for free.
- Chatting with them via our instant chatbox for an instant reply.
- Putting your information into our claims form online to get a reply whenever you’re available.
Accident At Work – Do I Get Paid If I Get Injured At Work? – If you’ve suffered an accident at work, our article looks at how you could make a workplace accident claim.
Child Personal Injury Claims Solicitors – Has your child suffered an injury due to someone else’s negligence? You could have the opportunity to pursue compensation on their behalf.
How Does No Win No Fee Work When I Make A Claim? – Our guide explains what a No Win No Fee agreement is.
Post-Traumatic Stress Disorder (PTSD) – If you suspect you may be suffering from PTSD, this NHS article includes information to help you.
Generalised Anxiety Disorder in Adults – This NHS guide has information to help you become more aware of what generalised anxiety disorder is.
Get Help With Stress – You can find tips on dealing with stress throughout this NHS guide.
If you have any more questions about getting stuck in a lift, please get in touch with our team of advisors.
Guide by OA