Negligent Elevator Maintenance: How a Lack of Upkeep Can Lead to Catastrophic Accidents

Each day, millions of people rely on elevators to navigate buildings quickly and efficiently. We often take these vertical transportation systems for granted, but behind the scenes, elevators are complex machines requiring diligent maintenance and care. When this upkeep is neglected, the consequences can be catastrophic, leading to severe injuries and even fatalities. In fact, the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission reports that elevator accidents lead to approximately 30 deaths and 17,000 injuries each year. This blog post delves into the critical issue of negligent elevator maintenance, exploring how a lack of upkeep can lead to devastating accidents and what measures can be taken to prevent them.

The High Stakes of Elevator Safety

Elevator accidents, though relatively rare, can result in devastating consequences. These accidents can cause permanent injury, disability, or death. Elevators are complex mechanical systems with many moving parts that are subject to wear and tear over time. Components such as ropes, pulleys, belts, and bearings can deteriorate due to regular use, resulting in reduced performance and potential breakdowns. When these systems fail due to negligence, the results can be life-altering.

Common Causes of Elevator Accidents Stemming from Neglect

Many elevator accidents are preventable with regular inspections and proper maintenance. However, property owners can easily overlook common-sense safety strategies, which leads to preventable tragedies. Here are some of the most common causes of elevator accidents:

Mechanical Failures: Elevator malfunctions can occur due to mechanical issues such as cable failures, brake problems, or power outages. Neglected maintenance can lead to worn-out components and malfunctioning safety features.
Misleveling: This occurs when an elevator fails to stop level with the hallway floor. Misleveling often occurs in brake-controlled elevators that are found in apartment buildings built between 1930 and 1960. Misleveling may still occur in hydraulic elevators because of problems with valve leakage or low oil conditions.
Defective Sliding Doors: Passengers get hit by sliding doors or get caught in between when door protective devices are defective or malfunction. Also, doors that are improperly adjusted may strike and injure passengers.
Excessive Speed: When an elevator is moving at an unsafe speed, passengers may possibly get thrown onto the floor or against the elevator’s walls.
Falls into Shaftways: The most severe injuries, and sometimes fatalities, occur when individuals fall into elevator shafts. The most common causes of falls into elevator shafts are defective door interlocks and removal of passengers from a stalled elevator by untrained personnel.
Electrical Issues: Common electrical issues in elevators include power outages, tripped breakers, faulty wiring, or malfunctioning control panels. These issues can cause elevators to stall, malfunction, or stop working altogether.
Overcrowding and Weight Limit Violations: Sometimes, passengers inadvertently cause elevators to fail due to overcrowding. In some cases, property management may be liable for accidents resulting from this cause if they fail to post signage indicating the maximum weight limit or number of passengers.

Who is Liable for Negligent Elevator Maintenance?

Determining legal liability in an elevator accident is not as simple as one might think. Several parties could be held responsible, depending on the circumstances:

Property Owners and Managers: Owners of commercial or residential buildings must ensure their elevators comply with safety regulations. If an accident occurs due to neglect, such as failure to schedule routine inspections or ignoring maintenance warnings, they could be held liable. Property owners play a pivotal role in ensuring elevator safety. They must keep their elevators safe and functional to avoid significant liability.
Elevator Maintenance Companies: Many property owners outsource maintenance to third-party elevator service providers. If a maintenance company fails to detect or fix mechanical issues, they may be responsible for any resulting accidents. Maintenance companies can be liable if they fail in their duties of regular upkeep and servicing. Failing to maintain or repair elevators properly can have severe consequences for these companies.
Elevator Manufacturers: If an elevator accident results from a design or manufacturing defect, the elevator manufacturer could be liable under product liability laws. Manufacturers can be held accountable if design or manufacturing defects cause an accident. Manufacturers remain accountable for product safety even after the warranty period expires.
Tenants or Third Parties: In rare cases, liability may fall on an individual who intentionally misuses or damages the elevator, causing harm to others.

Legal Recourse for Victims of Elevator Accidents

If you have been injured in an elevator accident caused by negligence, you have legal options. Most state personal injury laws allow anyone who has had an elevator injury to file a lawsuit against the parties responsible for the accident. A personal injury settlement lets victims seek a monetary settlement, which can cover lost income, medical bills, as well as pain and suffering.

To establish negligence in an elevator accident case, the injured party must prove:

A duty of care existed (e.g., the property owner had a legal responsibility to maintain the elevator).
A breach of duty occurred (evidence that the owner, maintenance company, or manufacturer was negligent).
Causation, meaning the accident was a direct result of the negligence.
Losses, including healthcare expenses, missed income, and emotional or physical distress.

Preventing Elevator Accidents: A Proactive Approach

Preventing elevator accidents requires a proactive approach from building owners and managers. Here are some essential steps to ensure elevator safety:

Regular Inspections and Maintenance: Implement a rigorous schedule for elevator inspections and maintenance is paramount. This ensures that all components are in optimal condition, reducing the risk of mechanical failures. Elevators should be inspected (inspected means by an authority having jurisdiction) quarterly, semi-annually, or annually, depending on state and local code/law requirements.
Compliance with Safety Codes: Adhere to national and local elevator safety codes, such as ASME A17.1 and CSA B44, which set standards for design, installation, operation, testing, inspection, maintenance, and alteration.
Training and Education: Proper training for elevator operators, maintenance staff, and building occupants is essential. This includes educating users on correct usage, emergency procedures, and reporting mechanisms for potential issues.
Modernization and Upgrades: Consider modernizing older elevator systems with advanced safety features. Upgrades can enhance the overall safety and performance of elevators, reducing the likelihood of accidents.
Emergency Preparedness: Develop and regularly practice emergency evacuation procedures. This includes clear communication systems, well-marked emergency exits, and adequate lighting in case of power failures.
Install Warning Signs and Enforcement Cameras: Building owners can mitigate elevator accidents by posting clear signs on all floors stating weight limits, conduct rules, and emergency directions. You can also install security cameras inside each elevator and at landings to prevent rule violations or identify violators through remote monitoring.

The Role of Elevator Expert Witnesses

In cases of elevator accidents, expert witnesses play a crucial role in determining the cause of the incident and establishing liability. An elevators expert witness is a professional with expertise in elevator engineering, maintenance protocols, and safety standards. These experts are often engaged in cases involving mechanical failures, safety violations, and elevator accidents. They provide testimony on elevator design, operational standards, and maintenance practices, helping courts understand the technical and regulatory aspects of elevator operation.

Conclusion

Negligent elevator maintenance is a serious issue that can lead to catastrophic accidents and devastating injuries. By understanding the common causes of elevator accidents, knowing who is liable, and taking a proactive approach to safety, building owners and managers can help prevent these incidents and ensure the well-being of their tenants and visitors. If you or a loved one has been injured in an elevator accident, it is essential to seek legal counsel to understand your rights and pursue the compensation you deserve.