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Building Owner Not Responsible in Elevator Incident Says Bronx Judge

A building owner was found to not be liable for an injury a mechanic sustained to his hand while repairing an elevator. Eladio Garcia, who is employed as an elevator mechanic filed a claim for Labor Law violations after he suffered an injury to his hand.


While working on the elevator, a thin strip of metal snapped and Garcia was hurt. He filed his claim against the owner of the building where the elevator is located. The case was brought before Bronx County Supreme Court Judge Ben R. Barbato who granted his judgment in favor of the owner of the building. Garcia’s complaint was dismissed.


The injury was found not to be the building owner’s fault because the incident occurred when the force of gravity was in play, causing the metal to snap. Garcia’s complaint was dismissed because he was not subjected to overhead hazards of a falling object. The court also noted Garcia failed to produce sufficient evidence the building owner controlled his work. He also did not prove the owner was aware of any safety hazards that led to Garcia’s injury.


In another elevator injury case, a construction worker lost his Labor Law claim when he was unable to prove negligence or Labor Law violations by the Plaza Construction Corp. The construction worker claimed to have sustained an injury on the job when a freight elevator door fell on his head during an office renovation job. The construction worker claimed the job site where he was working was free from falling objects.


The court found that Daniel Landers did not prove his claim for liability against Plaza. The only issue the court agreed with concerning Lander’s claim was regarding hard hats in a place with falling object danger. The court found that Lander’s own testimony undermined his claim.