Content reviewed by:
Alex Shulman
When elevators or escalators malfunction, they can cause serious injuries. If you were hurt in one of these accidents, you are probably wondering who is legally responsible.
The party that pays for elevator or escalator injury claims depends on how the accident occurred and who was responsible for keeping the elevator or escalator safe.
The personal injury claims process can be overwhelming, especially if you are recovering from severe injuries. A New York premises liability lawyer can help prove who is liable for your injuries and hold them financially accountable.
Who Pays for Elevator or Escalator Injuries?
Since every case is unique, there is no single answer to who pays for an elevator or escalator injury. Liability depends on the circumstances surrounding the accident and who had a legal duty to keep the equipment safe.
Potentially responsible parties include:
- Property owners: Owners of commercial buildings, apartment complexes, hotels, shopping centers, and other properties generally have a duty to keep their premises reasonably safe. If they fail to inspect, repair, or maintain an elevator or escalator, they may be held liable for your injuries.
- Property management companies: Many owners hire management companies to oversee daily operations and coordinate maintenance. If a property management company ignores complaints or fails to schedule necessary repairs, it may share responsibility for your injuries.
- Maintenance and repair companies: Elevators and escalators require regular inspections and servicing. If a maintenance contractor performs negligent repairs, overlooks dangerous defects, or fails to identify safety issues during inspections, it could be held liable.
- Manufacturers: Some accidents occur because of defective parts, faulty designs, or manufacturing errors. In these situations, the manufacturer or distributor may be responsible for any accidents that occur.
- Construction contractors or installers: If an elevator or escalator was improperly installed or assembled during construction or renovation, the contractor responsible for the work may be liable for resulting injuries.
Can More Than One Party Be Liable?
Yes, many elevator and escalator injury claims involve multiple liable parties. For example, a property owner may have failed to address repeated complaints about an elevator while the maintenance company failed to perform proper inspections.
In another case, a defective component manufactured years earlier may have contributed to the accident in addition to inadequate maintenance. When multiple parties share responsibility, each may be required to pay a portion of your damages.
How Do You Prove Negligence?
To recover compensation for an elevator or escalator accident, you generally must prove four legal elements:
- A duty of care existed: The defendant had a legal obligation to maintain reasonably safe elevators or escalators.
- The duty was breached: The responsible party failed to inspect, repair, maintain, or warn about a dangerous condition.
- The breach caused the accident: The unsafe condition directly led to your injury.
- You suffered damages: The accident resulted in medical expenses, lost wages, pain and suffering, or other losses.
Types of evidence you can use to prove who is liable for an elevator or escalator accident include maintenance logs, inspection reports, repair invoices, photographs, surveillance video, employee records, witness testimony, and expert analysis.
Common Causes of Elevator and Escalator Accidents
Many elevator and escalator injuries are preventable. Common causes include:
- Mechanical failures: Broken motors, cables, pulleys, or braking systems can cause elevators to malfunction.
- Leveling problems: An elevator that stops above or below the floor can create a dangerous tripping hazard.
- Sudden drops or stops: Mechanical failures may cause an elevator to jerk, stop abruptly, or descend unexpectedly.
- Escalator step defects: Loose, broken, or uneven steps can cause riders to trip and fall.
- Entrapment hazards: Clothing, shoes, bags, or mobility devices may become caught in escalator comb plates or moving parts.
- Handrail malfunctions: Escalator handrails that move at different speeds than the steps can cause riders to lose their balance.
- Inadequate maintenance: Failure to inspect, lubricate, repair, or replace worn components increases the risk of accidents.
- Wet or slippery surfaces: Water, cleaning products, or debris near elevators and escalators can contribute to falls.
Common Injuries in Elevator and Escalator Accidents
Elevator and escalator accidents can cause a wide range of injuries, such as:
- Broken bones
- Traumatic brain injuries
- Concussions
- Neck injuries
- Back injuries
- Spinal cord injuries
- Soft tissue injuries
- Torn ligaments
- Lacerations
- Crush injuries
- Amputations
- Internal injuries
- Facial injuries
- Burns from friction
- Psychological trauma
- Wrongful death
What Types of Compensation are Available?
If someone else’s negligence caused your injuries, you may be entitled to recover compensation for both economic and non-economic losses, such as:
- Medical bills: You can recover compensation for emergency care, hospital stays, surgeries, rehabilitation, prescription medications, follow-up appointments, and anticipated future medical treatment.
- Lost wages: You can seek compensation for the income you lost while recovering from the accident.
- Reduced earning capacity: You can pursue additional damages if your injuries permanently impact your ability to earn a living in the future.
- Pain and suffering: You can recover compensation for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
- Permanent disability or disfigurement: You can seek additional compensation if the accident leaves you with lasting impairments, permanent scarring, or other life-altering conditions.
- Property damage: You can recover the cost of repairing or replacing personal property that was damaged in the accident, such as a phone, eyeglasses, or mobility device.
- Punitive damages: You can pursue punitive damages in cases where the defendant’s conduct was especially reckless, willful, or malicious.
- Wrongful death damages: If you lost a loved one in an elevator or escalator accident, you can pursue wrongful death damages.
Contact a Premises Liability Attorney
When it comes to paying for elevator or escalator injury claims, property owners, maintenance contractors, manufacturers, and their insurers may attempt to shift blame to someone else. An experienced premises liability attorney from Shulman & Hill Injury Lawyers can investigate your accident, identify who is responsible, and help make sure you receive fair compensation.
Schedule a free case review to get help with your injury claim.