Elevator and Escalator Accidents

According to the U.S. Bureau of Labor Statistics, elevators injure about 17,000 people and cause about 30 deaths, each year, in the United States. Elevator and escalator accidents can cause serious injuries, including crush injuries, severe sprains, and traumatic brain injuries. Property owners have a nondelegable duty to maintain safe conveyances, and injured victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

Millions of Californians use elevators, and escalators, every day in offices, apartments, and retail buildings. Because they are ubiquitous, people often assume they are safe. But when owners or maintenance companies ignore warning signs, delay inspections, or postpone repairs, an ordinary ride can become a serious accident.

Like taxi, train, and airline operators, elevator and escalator owners are considered common carriers. Under California Civil Code §§ 2100 and 2101, they owe passengers the duty of  “utmost diligence and care.” This means they must use the highest level of vigilance and foresight reasonably possible to keep elevators and escalators operating safely and to prevent passenger harm.

This common-carrier duty is stricter than ordinary premises liability. If an elevator drops suddenly, stops unevenly, or traps a passenger in closing doors, responsible parties may be held liable for failing to exercise the care required of a very cautious person.

Fault in an elevator or escalator accident can involve several parties. Property owners have a primary, nondelegable duty to maintain the equipment, even when they hire outside service companies. Maintenance contractors may be liable for poor inspections, missed defects, inadequate lubrication, or other failures in preventive maintenance. Manufacturers may also be responsible if a design flaw or defective component caused the accident.

Common elevator and escalator accidents include misleveling, where the elevator stops unevenly with the floor. Doors that close too soon, or fail to reverse when a person or object is in the doorway. Sudden drops or stops caused by braking or governor failures. And shaft falls caused by open doors or faulty locks.

After an elevator or escalator accident, act quickly to protect your health and preserve evidence. Seek medical care, report the incident to building management or security, request a written report, photograph the equipment, floor alignment, injuries, and posted Cal/OSHA inspection certificate, and save the clothing and shoes you were wearing. Speak with an attorney experienced in elevator and escalator cases before giving a recorded statement to an insurance adjuster.

Personal injury claims generally must be filed within two years of the injury. If a government entity owns the elevator or escalator, such as in a city hall or public school, an administrative claim may be required within six months. Missing these deadlines can permanently bar recovery.

If you would like to pursue your elevator, or escalator, accident case, contact the Law Offices of Ugo O. Asobie.  No consultation fees. Elevator accidents cases are handled on contingency.