Author Topic: Family stuck in a faulty lift for over an hour  (Read 723 times)

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Riz101

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Family stuck in a faulty lift for over an hour
« on: September 19, 2023, 03:28:16 pm »
Hi,

My family (3 adults and 2 children) were stuck in a lift of a museum for more than an hour, where we visited as a birthday treat for my daughter.
This included baby who just turned 1 year and high blood pressure patient (mother in law).
The museum staff took it pretty light in the beginning and were saying we have asked the engineer to come out we can't say how long it will take, could be an hour or more and they were happy to just wait.
My family was complaining that it is a small lift and feeling suffocating so I called the emergency service 999 who came out and eventually had to cut the steel door open. This resulted in dust being built up initially while cutting the door and people inside along with the baby started coughing and crying, cutting was stopped then and the glass panel was removed to pass on some masks and ear muffs to people inside.
Finally they were out after the agony of more than an hour, mother in law's blood pressure had already shot up and was not feeling well at all, overall it was a very traumatic experience for my family.

After the engineer arrived around 2.5 hours later, he said why didn't you used a key to open which the museum staff confirmed that they had but didn't know where to insert it (it was a metal key similar to the one used for meter cabinets or loft doors)

Do you see a case here? may be lack of lift maintenance, lack of staff training on using the key to open the door as the lift had almost arrived but the door wouldn't open and lift was not moving to come up the final half a meter.
The lift company contact number was not picking up the call either after first conversation that engineer will be on the way, if they had a person who could've guided the fire staff then most probably there wouldn't have been a need for all that loud banging and hazardous cutting that took place.

The museum has refunded the tickets for the day.

Any suggestions are helpful, thanks

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666

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Re: Family stuck in a faulty lift for over an hour
« Reply #1 on: September 19, 2023, 03:56:25 pm »
Do you have any actual quantifiable loss to claim?

cp8759

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Re: Family stuck in a faulty lift for over an hour
« Reply #2 on: September 23, 2023, 01:00:08 am »
Sounds like something best dealt with via a formal written complaint in the first instance.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

M60NJP

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Re: Family stuck in a faulty lift for over an hour
« Reply #3 on: October 08, 2023, 05:55:15 am »
A case for?...........

sparxy

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Re: Family stuck in a faulty lift for over an hour
« Reply #4 on: October 08, 2023, 04:13:41 pm »
Quote
the lift had almost arrived but the door wouldn't open and lift was not moving to come up the final half a meter.

Had they used the key, and opened the doors, then the lift decided it wanted to move again as you were getting out of it? The staff would also have needed to know how to isolate the power to the lift to prevent unintended movement, movement that could have resulted in catastrophic injury had you been part in/out of the lift.

The safest place to be when a lift fails is inside the lift car itself. Even if it decides to move by itself, you're safely inside. There will always be enough air exchange (even if it gets a bit warm and stuffy feeling).

mickR

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Re: Family stuck in a faulty lift for over an hour
« Reply #5 on: October 12, 2023, 09:10:56 pm »
A case for?...........
damages, pain and suffering. ??

Southpaw82

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Re: Family stuck in a faulty lift for over an hour
« Reply #6 on: October 12, 2023, 10:11:28 pm »
A case for?...........
damages, pain and suffering. ??

What injury has been suffered that would give rise to a claim for damages?

mickR

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Re: Family stuck in a faulty lift for over an hour
« Reply #7 on: October 12, 2023, 10:14:56 pm »
A case for?...........
damages, pain and suffering. ??

What injury has been suffered that would give rise to a claim for damages?

mental suffering and stress. as I understand it no physical nor financial injury need occur.
emotional distress
« Last Edit: October 12, 2023, 10:20:30 pm by mickR »

Southpaw82

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Re: Family stuck in a faulty lift for over an hour
« Reply #8 on: October 12, 2023, 10:47:58 pm »
A case for?...........
damages, pain and suffering. ??

What injury has been suffered that would give rise to a claim for damages?

mental suffering and stress. as I understand it no physical nor financial injury need occur.
emotional distress

Has to be a recognised psychiatric injury. Whilst not impossible, I would be surprised if someone got PTSD (for example) by being stuck in a lift for a bit.

mickR

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Re: Family stuck in a faulty lift for over an hour
« Reply #9 on: October 12, 2023, 10:55:45 pm »
I was focusing on the suffering due to the rescue attempt (which sounds poorly thought out to me) which would have been traumatic, confined space  noise dust not to mention claustrophobia.

cp8759

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Re: Family stuck in a faulty lift for over an hour
« Reply #10 on: October 13, 2023, 12:33:01 am »
There is a big difference between being inconvenienced, event to a very significant degree, and being injured. Being placed in a stressful situation would not, as far as I understand it, suffice to give rise to actionable damages.

In any case I am very skeptical that any amount that could be claimed would warrant the cost of litigation.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

M60NJP

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Re: Family stuck in a faulty lift for over an hour
« Reply #11 on: October 13, 2023, 07:58:29 am »
As above -my question was in the context of effort-in vs low (likely) benefit-out.

Given the circumstances were (debateably) not the fault of the museum, absent a claim against the lift manufacturer or maintainer, I don't see any worthwhile damages being forthcoming.

H C Andersen

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Re: Family stuck in a faulty lift for over an hour
« Reply #12 on: October 13, 2023, 09:20:23 am »

Finally they were out after the agony of more than an hour..

'they' were out, not we were out.

OP, were you there?

Was the museum operated by a public body or private company? This would determine the type and extent of any complaints procedure (short of litigation) and whether access to an ombudsman is an option.


mickR

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Re: Family stuck in a faulty lift for over an hour
« Reply #13 on: October 13, 2023, 09:39:13 am »
I would suggest there should have been a specific procedure in place for the museum staff to action in the event of lift failure there must be coshh assessment. negligence on behalf of museum operators jumps to my mind.
I'm also surprised that members seem to dismiss this event as an inconvenience as opposedto a traumatic experience. have any of these members been stuck in a lift?

Southpaw82

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Re: Family stuck in a faulty lift for over an hour
« Reply #14 on: October 13, 2023, 09:48:00 am »
I'm also surprised that members seem to dismiss this event as an inconvenience as opposedto a traumatic experience. have any of these members been stuck in a lift?

Traumatic enough to result in a recognised psychiatric illness? Thatís the key point and without a report from a consultant psychiatrist saying so any claim is going nowhere.
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