Legal Defeat for Injured Elevator Passenger
A Seattle woman’s $30,000 lawsuit for injuries sustained in an elevator accident is tossed out of court due to claims of 'contributory negligence.'
Mrs. Ann E. Cox, who was injured by an elevator in the Epler-Douthitt building a year ago, was non-suited in her effort to collect $30,000 damages from William F. Epler and William Douthitt. The case had been on trial for two days when the defense moved for a non-suit on the ground of want of evidence and contributory negligence. Judge Osborn agreed that if the plaintiff had displayed ordinary caution, she would have stepped away from the door and her skirts would not have been caught. The judge therefore granted the motion for a non-suit. However, the court did order that Mrs. Cox recover costs from the defendants regarding a previous continuance.
“If the plaintiff had displayed ordinary caution she would have stepped away from the door.”
The logic of 'contributory negligence'—blaming the victim for the poor safety standards of industrial equipment—was a common tool of 19th-century courts to protect property owners. It highlights the long history of the legal system favoring landlords over individual safety.
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