Elevators are a normal part of contemporary life, particularly in office buildings, shopping centers, apartment buildings, and hotels. We take them for granted, trusting them to operate safely and efficiently without much thought. But when an elevator breaks down, the results can be catastrophic. Victims can be severely injured by sudden falls, entrapment, malfunctioning doors, or unexpected stops. In extreme cases, elevator accidents can lead to permanent disability or even death.
In this article, you will find out how elevator accidents occur, who can be held liable, what legal entitlements victims have, and how an experienced elevator accident lawyer can assist you in obtaining compensation.
Common Causes of Elevator Accidents
Elevator systems are highly regulated and require regular maintenance and inspections to ensure safe operation. Despite these safeguards, accidents still happen due to negligence, mechanical failure, or design flaws. Common causes of elevator-related injuries include:
1. Mechanical Malfunctions
Faulty wiring, defective control systems, worn-out cables, or broken pulleys can cause sudden drops, misalignment, or failure to stop at the correct floor.
2. Door Malfunctions
Elevator doors that close too quickly, don’t detect obstructions, or open between floors can injure passengers or cause falls.
3. Mislabeling
When an elevator stops slightly above or below the floor, passengers may trip or fall while entering or exiting.
4. Sudden Stops or Drops
Unexpected jerks, stops, or drops can cause serious spinal injuries, fractures, or whiplash, particularly to elderly or disabled individuals.
5. Entrapment
Being stuck inside an elevator for extended periods can cause not only physical discomfort but also psychological trauma, especially in high-stress emergencies like power outages or fires.
6. Falling into Elevator Shafts
In extremely dangerous situations, doors may open without a car present, leading to fatal falls into open shafts—often due to extreme negligence or code violations.
Who Is Liable in an Elevator Accident?
Determining liability in an elevator accident case requires identifying the party or parties responsible for the malfunction or lack of maintenance. Possible defendants may include:
Property Owners or Managers
The owners of commercial or residential buildings have a legal duty to ensure elevators are properly maintained and regularly inspected. Failing to address known hazards can lead to liability for injuries.
Elevator Maintenance Companies
Property owners often contract with third-party maintenance companies for elevator servicing. If these companies perform negligent repairs or overlook safety issues, they may be held responsible.
Elevator Manufacturers
If a defect in the design or manufacturing of an elevator or its components causes the accident, a product liability claim may be filed against the manufacturer.
Installation Contractors
Improper installation of elevator systems can result in long-term safety hazards. Contractors may be held liable if poor workmanship leads to an accident.
Government Entities
In rare cases, if the elevator is located in a government-owned building, or a government agency fails to conduct safety inspections, a claim may be made against a municipality. These cases often involve strict notice requirements and shorter filing deadlines.
Common Elevator Accident Injuries
The types of injuries sustained in elevator accidents vary widely depending on the nature of the malfunction, the height of the fall, or the severity of the incident. Common injuries include:
- Broken bones and fractures
- Spinal cord injuries and paralysis
- Head trauma and traumatic brain injuries (TBI)
- Cuts, bruises, and lacerations from doors or debris
- Crushed limbs or fingers
- Post-traumatic stress disorder (PTSD) or anxiety
- Wrongful death in severe or shaft-fall cases
Medical treatment for these injuries can be extensive, requiring hospitalization, surgeries, rehabilitation, and long-term care.
What to Do After an Elevator Accident
If you or someone you love has been injured in an elevator accident, it’s important to take the right steps to protect your health and legal rights:
1. Seek Immediate Medical Attention
Even if injuries seem minor, some symptoms may not appear until later. Prompt medical evaluation also provides documentation for your claim.
2. Report the Incident
Notify the building owner, property manager, or security personnel and ensure the incident is formally documented.
3. Take Photos and Videos
If it’s safe to do so, document the elevator, any visible hazards, and your injuries. Capture details like the elevator number, floor where the incident occurred, and malfunctioning components.
4. Collect Witness Information
If other passengers witnessed the accident, get their names and contact information for potential testimony.
5. Preserve Clothing and Shoes
These items could serve as evidence, especially in slip-and-fall cases involving misleveling or slick floors.
6. Contact an Elevator Accident Attorney
An experienced attorney can evaluate your case, investigate the cause, identify liable parties, and begin building a strong compensation claim.
Types of Compensation Available
Victims of elevator accidents may be entitled to several types of compensation, depending on the severity of their injuries and the impact on their lives. These include:
Medical Expenses
Reimbursement for emergency care, surgeries, hospital stays, physical therapy, medications, and future medical needs.
Lost Wages
Compensation for time missed from work due to the injury, including lost earning potential if you are unable to return to your job.
Pain and Suffering
Non-economic damages for physical pain, emotional trauma, anxiety, depression, and loss of enjoyment of life.
Permanent Disability or Disfigurement
If injuries lead to long-term or permanent impairments, victims may be awarded additional compensation.
Wrongful Death Damages
In fatal elevator accidents, surviving family members can pursue compensation for funeral costs, loss of financial support, and emotional suffering.
Why You Need an Elevator Accident Attorney
Elevator injury claims can be legally complex and require a thorough investigation. Property owners and elevator companies often have strong legal representation and insurance providers protecting their interests. To ensure your rights are protected, it’s critical to have a legal advocate with the resources and experience to:
- Investigate the accident and determine fault
- Preserve and obtain evidence such as maintenance records and surveillance footage
- Consult experts in elevator mechanics and safety regulations
- Navigate building codes, state laws, and liability issues
- Handle negotiations with insurers to secure a fair settlement
- Litigate your case in court if necessary
An attorney’s involvement often leads to significantly better outcomes for victims, both financially and emotionally.
Statute of Limitations
Every state imposes a time limit for filing personal injury or wrongful death lawsuits, often between one to three years from the date of the incident. Some claims against government agencies may have shorter deadlines and specific procedural requirements. Failing to file in time can permanently bar your ability to recover damages, so it’s crucial to act promptly.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
