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Elevator malfunction closed on arm & left a bruise. Do I have a case?

Essex Junction, VT |

A elevaitor closed with my child in it and when i tried to stop the door with my arm it crushed my arm we had to get the mall security to open the back door to get my so out. it was crushing my arm for 4-5 mins i had to pull it out from between the doors. nothing is broken, however it did leave a mark on my arm that i took pictures of. The doors could have done that to my sons head or other body parts and really hurt him. Do i have a lawsuit??

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Attorney answers 2


Actual harm is part of an lawsuit seeking recovery for injury to the person. You say there is a mark on your arm but you do not say you are injured, so I assume any injury is minor. Since you were not hurt, I would not recommend seeking to recover for an incident like this.

What might have happened is not part of a damages claim in a lawsuit. Thank goodness your child was not injured.

L. Maxwell Taylor

L. Maxwell Taylor


Should say,"Actual harm is part of any lawsuit"

L. Maxwell Taylor

L. Maxwell Taylor


The purpose of the law of tort is to make injured parties whole. If there is no injury, there is no lawsuit.


I am not licensed to practice in your state; however I would agree that without an actual injury it is not likely that you will have a meaningful recovery. However, if you may want to seek legal representation from a local attorney.

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