Elevator accidents are rare but can be life-altering when they happen. A sudden drop, jammed door, or misleveling can result in serious injuries, extensive medical bills, and long-term disability. In some tragic cases, they can even lead to death. For victims and their families, pursuing an elevator accident lawsuit can be an essential step in holding negligent parties accountable and recovering the compensation needed for recovery.
In this article, you will learn about the causes of elevator accidents, who may be legally liable, what steps to take after an incident, and how a lawsuit can help victims pursue justice.
Common Causes of Elevator Accidents
Although elevators are subject to safety codes and regulations, malfunctions still occur due to human error, mechanical issues, or lack of maintenance. Some of the most frequent causes of elevator-related injuries include:
- Door Malfunctions
Elevator doors that close unexpectedly or don’t detect someone in the doorway can cause serious crushing injuries. In some cases, passengers may become trapped or struck by malfunctioning doors.
- Misleveling or Improper Floor Alignment
When an elevator doesn’t stop level with the floor, it can create a trip hazard. This is particularly dangerous for elderly passengers or those with mobility issues.
- Sudden Stops or Free Falls
Mechanical failures involving pulleys, cables, or brakes can cause an elevator to stop abruptly or even fall between floors. These incidents often result in spinal injuries, fractures, and trauma.
- Defective Design or Manufacturing
Some accidents are due to inherent flaws in the elevator’s design or components. These defects can lead to product liability claims against the manufacturer.
- Poor Maintenance
When building owners or service contractors neglect regular inspections and fail to repair known issues, they may be liable for injuries caused by the resulting accidents.
- Entrapment and Psychological Harm
Being stuck inside an elevator for a prolonged period can cause severe stress, anxiety, or panic attacks—especially for claustrophobic individuals or those with preexisting conditions.
Who Can Be Held Liable in an Elevator Accident Lawsuit?
A key part of any elevator injury claim is identifying who is responsible. Liability can depend on the location of the elevator, the type of accident, and the parties involved. Potentially liable parties may include:
Property Owners or Managers
Under premises liability laws, property owners have a legal duty to maintain a safe environment. If they fail to inspect, maintain, or address elevator issues, they may be held accountable for resulting injuries.
Elevator Maintenance Companies
Many property owners hire third-party companies to inspect and maintain their elevators. If a service provider’s negligence caused or contributed to the malfunction, they may be liable.
Manufacturers
If the accident was caused by a defect in the elevator’s design, parts, or assembly, a product liability claim may be filed against the manufacturer, distributor, or retailer.
Installation Contractors
Improper installation of an elevator can lead to long-term mechanical issues. If faulty setup contributed to the accident, the installation company may be named in a lawsuit.
Government Entities
If the elevator is located in a publicly owned building, or if a government agency was responsible for inspecting and certifying the equipment, special rules and shorter time frames for filing claims may apply.
Steps to Take After an Elevator Accident
What you do immediately after an accident can impact the success of your legal claim. Here are the steps you should follow:
- Get Medical Attention
Always seek prompt medical care, even if you think your injuries are minor. Some symptoms, like whiplash or internal injuries, may not be immediately obvious.
- Report the Incident
Notify the building manager, security personnel, or property owner about the incident and request a written report.
- Document Everything
Take photos and videos of the elevator, the scene, and your injuries. Note the date, time, location, elevator number (if visible), and any witnesses present.
- Preserve Physical Evidence
Keep the clothing or shoes you were wearing if they are relevant to the incident. These items can be useful if you fell, tripped, or slipped.
- Speak with an Elevator Accident Lawyer
Elevator lawsuits can involve complex legal issues, multiple defendants, and technical evidence. An attorney experienced in premises and product liability law can help preserve your rights and build your case.
Types of Injuries in Elevator Accidents
Elevator-related injuries can range from mild to catastrophic. Common injuries include:
- Broken bones and sprains
- Spinal cord damage and herniated discs
- Head trauma and concussions
- Internal bleeding or organ damage
- Crushed limbs or digits
- PTSD or emotional distress
- Fatalities from falls or crushing incidents
These injuries may require extensive treatment, including surgery, rehabilitation, and long-term care—resulting in significant financial and emotional burdens.
Compensation Available in Elevator Accident Lawsuits
If you’ve been injured in an elevator accident due to someone else’s negligence or a product defect, you may be entitled to compensation for various types of damages, including:
Economic Damages
- Medical expenses (current and future)
- Lost wages or income
- Reduced earning capacity
- Rehabilitation or assistive devices
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Disfigurement or permanent disability
- Loss of enjoyment of life
Punitive Damages
In rare cases where the defendant’s actions were especially reckless or malicious, the court may award punitive damages to punish and deter similar conduct.
Filing Deadlines: Statute of Limitations
Each state imposes a deadline—known as the statute of limitations—on personal injury lawsuits, typically ranging from one to three years. If the accident occurred in a public building or involves a government entity, you may need to file a formal notice of claim within just a few months.
Missing the deadline could result in your case being dismissed, so it’s critical to act quickly and consult with a lawyer as soon as possible.
Why You Need an Elevator Accident Attorney
Elevator injury claims are rarely straightforward. Multiple parties may be involved, evidence may be technical or difficult to obtain, and insurance companies often push back hard to minimize payouts.
An experienced elevator accident attorney can:
- Conduct a thorough investigation
- Preserve evidence and access maintenance logs or inspection records
- Consult with engineering and safety experts
- Identify liable parties and file claims against all of them
- Handle negotiations with insurers and defense attorneys
- Prepare your case for trial if a fair settlement isn’t reached
Having a skilled legal advocate on your side greatly improves your chances of receiving fair compensation.
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.
