Trip & Fall in an Elevator? How Misleveling Leads to Serious Injuries and What You Can Do

Elevators are a ubiquitous part of modern life, transporting billions of passengers every year. We step into them without a second thought, trusting in their safety. However, elevator accidents do happen, and one of the most common causes is misleveling. According to a Robson Forensic study, 25% of elevator-related injuries are due to misleveling, where the elevator car doesn’t stop flush with the floor. This seemingly minor discrepancy can lead to serious trip and fall accidents, resulting in significant injuries.

Understanding Elevator Misleveling

Elevator misleveling occurs when the elevator car fails to stop even with the landing floor, creating a height difference at the threshold. This can happen for a variety of reasons:

Mechanical Failures: Older elevators, especially those built between 1930 and 1960 that rely on brake-controlled systems, are more prone to misleveling. Wear and tear on brakes, cables, and other components can affect the elevator’s ability to stop accurately.
Hydraulic Issues: Hydraulic elevators, while not brake-controlled, can also mislevel due to valve leakage or low oil conditions.
Improper Maintenance: Lack of regular inspections, lubrication, and adjustments can lead to a gradual decline in leveling accuracy.
Equipment Age and Condition: Older equipment is naturally more susceptible to malfunctions. The design and quality of the equipment also play a role.
Usage and Environmental Conditions: High usage and environmental factors can accelerate wear and tear, contributing to leveling problems.

The Dangers of Misleveling: Injuries and Impact

A misleveled elevator creates a tripping hazard for passengers entering or exiting the car. The consequences of such a fall can range from minor to severe:

Common Injuries: Sprains, strains, bruises, and soft tissue damage are common in trip and fall accidents.
Serious Injuries: Fractures, dislocations, head injuries (including concussions and traumatic brain injuries), and spinal cord injuries can occur, potentially leading to long-term disability.
Vulnerable Populations: Elderly individuals and those with mobility issues are particularly vulnerable to serious injuries from even a small height discrepancy.

Beyond the physical injuries, elevator accidents can also cause emotional distress, anxiety, and even post-traumatic stress disorder (PTSD), especially if the person is trapped in the elevator.

Who is Liable? Determining Responsibility for a Trip and Fall

If you’ve been injured in a trip and fall accident caused by elevator misleveling, you may be entitled to compensation. Several parties could be held liable, depending on the circumstances:

Property Owners: Property owners have a legal obligation to ensure their premises, including elevators, are reasonably safe for occupants and visitors. This falls under premises liability laws. They must ensure regular inspections and maintenance are conducted.
Elevator Maintenance Companies: Maintenance companies are often contracted to service and repair elevators. If they fail to perform their duties competently or neglect necessary repairs, they may share liability for accidents.
Elevator Manufacturers: If a defective elevator component caused the misleveling, the manufacturer may be held liable under product liability laws. This can include claims based on design defects, manufacturing defects, or failure to warn.

To prove fault in an elevator accident lawsuit, you generally need to demonstrate the following:

The defendant owed you a duty of care.
The defendant breached that duty.
The breach caused your injury.
You suffered damages as a result.

What To Do After an Elevator Accident

If you are involved in an elevator accident, taking the following steps can protect your rights:

Seek Medical Attention: Immediately seek medical care to address any injuries and document your condition.
Report the Accident: Notify the property owner, building manager, or security personnel immediately.
Document the Scene: Take photographs or videos of the accident scene, including the misleveling, any visible hazards, and your injuries.
Gather Information: Collect contact information from any witnesses who saw the accident.
Contact an Attorney: Consult with a personal injury attorney experienced in elevator accident cases.

Legal Recourse and Compensation

Victims of elevator accidents may be entitled to various forms of compensation, including:

Medical Expenses: Coverage for hospital bills, surgeries, medications, physical therapy, and other treatment costs.
Lost Wages: Compensation for income lost due to the inability to work during recovery.
Future Earnings: Damages for diminished earning capacity if the injury results in long-term or permanent disability.
Pain and Suffering: Compensation for physical pain and emotional distress.
Emotional Distress: Compensation for psychological trauma, such as PTSD or anxiety.
Property Damage: Reimbursement for personal property damaged in the accident.

In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter similar behavior.

Preventing Elevator Accidents: A Shared Responsibility

While elevator safety is primarily the responsibility of property owners and maintenance companies, passengers can also take steps to minimize their risk:

Be Aware of Your Surroundings: Pay attention when entering and exiting elevators.
Watch Your Step: Look for any height difference between the elevator car and the floor.
Hold the Handrail: If available, use the handrail for added stability.
Report Concerns: If you notice any issues with an elevator, such as jerky movements, unusual noises, or misleveling, report it to the building management immediately.
Wear Appropriate Shoes: Wear shoes with non-slip soles.

Regular Maintenance and Safety Standards

Regular elevator maintenance is essential for preventing accidents. Building owners and managers should ensure that elevators are inspected and maintained according to the American Society of Mechanical Engineers (ASME) A17.1 Safety Code for Elevators and Escalators. This code covers everything from the mechanical design of elevators to their maintenance and inspection.

Maintenance checklists should include monthly, quarterly, and annual inspections of key components, such as:

Door operation and alignment
Door reopening devices and safety edges
Leveling accuracy
Emergency stop button and alarm bell
Hydraulic systems
Brake systems
Overspeed governors and safety devices

Conclusion

Elevator accidents, particularly those caused by misleveling, can have devastating consequences. By understanding the causes of misleveling, knowing your rights, and taking preventive measures, you can help ensure your safety and hold negligent parties accountable. If you or a loved one has been injured in an elevator accident, it is crucial to seek legal assistance to protect your rights and pursue the compensation you deserve.