By Stephen Anderson. Last Updated 6th October 2023. 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.
A guide to claiming compensation after being stuck in a lift
Select A Section
- I Got Stuck In A Lift – Can I Claim Compensation?
- What Injuries Can I Claim For After Being Stuck In A Lift?
- How Often Do Lifts Get Stuck?
- Can You Claim For Psychological Injuries After Being Stuck In A Lift?
- Who Do I Make A Compensation Claim Against If Stuck In A Lift?
- Elevator And Lift Accident Compensation Payouts
- Make A No Win No Fee Claim For Being Stuck In A Lift
- Find Out More About Lift And Elevator Accident Claims
I Got Stuck In A Lift – Can I Claim Compensation?
If you were trapped in a lift and suffered psychological or physical injuries as a result, you might be wondering if you can claim compensation. A personal injury claim may be possible if you can establish that the incident happened because a relevant third party breached the duty of care you were owed.
A duty of care is a legal responsibility for someone else’s health and safety. In the workplace, your employer owes you a duty of care under the Health and Safety at Work etc. Act (HASAWA). This means they must take all reasonably practical steps to keep you safe while working.
Similarly, when you are in a public place, the controller of the space owes you a duty of care under the Occupiers’ Liability Act (1957). This means they must take steps to ensure the reasonable safety of visitors.
In both of these cases, if you can prove that you were owed a duty of care and this was breached, causing you to sustain physical or mental injuries, then you may be able to make a claim. For example, if you can prove that you were injured in a lift because it was not being regularly maintained.
For free advice on how to establish your eligibility to claim after being stuck in a lift and how compensation could be claimed, you can contact our advisors today. They are happy to answer any questions you may have about personal injury claims, and may be able to connect you with a solicitor from our panel.
I Was Stuck In A Lift – How Long Do I Have To Claim?
It’s important to note that getting stuck in a lift alone is not enough to claim compensation; in order to form the basis of a valid personal injury claim, you must be able to prove that you have suffered harm as a result of another party breaching their duty of care.
If your case meets these criteria, then you will have three years to start a personal injury claim under the Limitation Act 1980. This runs from the date you were injured in the accident.
However, there are some exceptions to this time limit. For example, the time limit is paused for those injured in lift accidents that are under the age of 18. From their 18th birthday, they will have three years to start a personal injury claim. Before this date, a court-appointed litigation friend could make a claim on their behalf.
Furthermore, for those who lack the mental capacity to claim for themselves, the time limit is indefinitely suspended. A litigation friend could claim on their behalf during this suspension. If the claimant recovers this mental capacity, then they will have three years to start a claim from the date of their recovery if a claim has not already been made.
Our advisors are here to help if you’d like to learn more about how long you have to claim for injuries sustained while you were stuck in a lift and the compensation you could potentially be awarded.
What Injuries Can I Claim For After Being Stuck In A Lift?
Lift accidents can cause a number of injuries, both physically and psychologically. In this section, we’ll discuss some examples of the injuries you could sustain, including:
- If a lift halts unexpectedly and causes sudden movement of the head, you could experience a whiplash injury
- You might suffer a crushed arm if defective lift doors quickly shut and trap your arm
- A lift floor may have been mopped, but no wet floor sign was erected to alert you of this hazard, causing you to slip and fall and injure your head
- If you are stuck in the lift, due to being trapped in a confined space, you might experience anxiety or similar psychological damage
Whether you have been stuck in a lift or experienced harm from a lift accident, our panel of personal injury lawyers could help you get the compensation you might be owed.
How Often Do Lifts Get Stuck?
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.
Source: http://news.bbc.co.uk/1/hi/magazine/8557467.stm
Can You Claim For Psychological Injuries After Being Stuck In A Lift?
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.
Who Do I Make A Compensation Claim Against If Stuck In A Lift?
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.
Elevator And Lift Accident Compensation Payouts
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.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| 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.
Make A No Win No Fee Claim For Being Stuck In A Lift
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.
Find Out More About Lift And Elevator Accident Claims
Below, you can find more useful resources that can help you if you’ve suffered an injury after being stuck in a lift.
- 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.