At the young age of 25, Brian Jacome lost his life in an elevator accident at New York Avenue Apartments in Atlantic City, N.J., late last week. He was called to the property, which houses disabled and elderly people, to address problems with the elevator.
This dreadful accident took place last Friday. A fellow worker, his brother, called police through 911 at about 10 a.m. Police and paramedics rushed to the building, but when they arrived, they found Jacome was already dead.
Police furnished a report stating that Jacome, a Bronx resident, was found in the elevator opening on the second floor. Investigators say he was hit and killed by a moving elevator, apparently after being trapped in the shaft by a door.
The incident was particularly disturbing for residents as they had already raised complaints about the safety and operation of the elevator.
The building is managed by a company called Community Reality Management. The company’s president stated that the building had an inspection contract with United States Elevators, Inc., which is based in Fairfield, N.J.
At this point the elevator company appears to have had no violations, but Jacome, on a recent post on his Facebook page, indicated that preference was given to particular employees when it came to work loads and specific job assignments, something which he indicated he did not approve of.
Elevator accidents often happen unexpectedly, such as a door opening when there is no elevator present, or the door opening when the elevator floor level does not match the floor it has stopped at. Both these malfunctions can cause devastating accidents and even death if the user does not detect what is happening in advance.
Maintenance workers should know what to expect when handling a malfunctioning elevator. If they have received appropriate training then they should be able to handle any unexpected mishap. Clearly, in the case of Jacome, he wasn’t prepared for what appeared to be an unexpected event. Further investigations and time will verify the cause of the workplace accident and who is responsible.
If it is found that Jacome’s training was insufficient to carry out the inspection and maintenance of the elevator in question, then his family may be eligible to file a wrongful death lawsuit against the company. This type of lawsuit enables the family to bring closure to an unexpected tragic event. The lawsuit may cover the cost of the loss of earnings that the family will experience due to the early death of the family member. It may also cover loss of consortium, meaning loss of companionship experienced by the family due to the fatality.
It is not just money that’s important in a wrongful death claim, but it also highlights to the person who caused the accident that a life is important and that no one should get away with putting someone else’s life at risk due to negligence.
If you have recently lost a family member due to the negligence of another person, whether on the road, in the workplace, in a boating accident, in an elevator or a prescription or medical malpractice error, then you should contact Richard S. Jaffe Esq., who is an experienced Long Island and New York attorney. You can contact him for a free consultation at the Law Offices of Law Office of Cohen & Jaffe, LLP 2001 Marcus Avenue, Suite W295, Lake Success, NY 11042. Phone: 516-358-6900 or toll free: 800-483-6149.
