In December, something went terribly wrong with an elevator in an office building in New York City. The tragic death of a 41-year-old woman has received extensive coverage. But the story is far from over. A criminal probe has begun. It's likely that the victim's family will pursue a wrongful death claim and at least one victim is pursuing an injury claim.

Passenger Kathleen Mullahy says she can no longer ride an elevator - and therefore cannot work - due to the emotional trauma of watching her coworker die in front of her. She and another passenger were stuck in the elevator with the body for more than an hour. She is suing both the building and the elevator repair company, Transel.

A criminal probe was just announced by the Manhattan District Attorney, as his office joined with the New York Buildings Department, the Department of Investigations and New York police in investigating the death of Suzanne Hart. While no cause has yet been determined, the investigation is focused on the elevator maintenance company.

The evidence unearthed in the investigation will be essential in helping lawyers bring forward injury and death claims based upon an elevator defect (product defect), negligence on the part of the building owner (premises liability) or negligence on the part of the maintenance company.

Journalists have discovered that the building owner had been cited in the past for elevator problems and had 14 current violations which had not yet been corrected, but none were hazardous. The elevator that killed Ms. Hart had just been worked on by Transel. Although that company services thousands of elevators in New York City, it appears to have a checkered track record.

A number of questions will undoubtedly be raised:

  • Did the property owner take all necessary and responsible actions when it became aware of problems with the elevator?
  • Did the property owner investigate the quality of work of the maintenance company before it was hired?
  • Was the elevator problem the result of bad maintenance or a defect with the equipment?
  • Is the fact that some serious injuries and a few deaths have resulted from elevator accidents after the maintenance company worked on them evidence of negligent work? Or did new problems arise after the original problem was fixed?

These and other issues will find their way to court as personal injury and criminal cases progress.

Source: Fox News, New York Post and New York Daily News