Falsified Elevator Inspections: Holding Negligent Inspectors Accountable

Each day, millions of people rely on elevators for safe and efficient transportation. In bustling urban environments and towering skyscrapers, elevators are more than just a convenience; they are a necessity. However, this reliance comes with an inherent expectation: that these complex machines are regularly and thoroughly inspected to ensure passenger safety. Unfortunately, this expectation is sometimes betrayed by falsified elevator inspections, a dangerous practice that puts countless lives at risk. According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, incidents involving elevators and escalators kill about 30 and seriously injure about 17,000 people each year in the United States.

The Scope of the Problem

Falsified elevator inspections occur when certified inspectors neglect their duties, either by failing to conduct thorough examinations or by outright fabricating inspection reports. This negligence can have dire consequences, as it allows hazardous conditions to persist, increasing the likelihood of accidents and injuries. A 2018 audit by the New York State Comptroller found that private elevator inspectors in New York City were missing hazardous violations and allowing unsafe conditions to go unrepaired. In a limited group of inspections, nearly every one missed violations that could pose risks to safety. In Korea, 16 companies were found to have falsified inspection results, leading to administrative action including fines and business suspension.

Why Inspections Are Crucial

Elevator inspections are essential for identifying potential safety hazards before they lead to accidents. These inspections typically involve a comprehensive assessment of various components, including:

Cables and Ropes: Ensuring they are free from wear, corrosion, and damage.
Braking Systems: Verifying their proper function and responsiveness.
Door Operations: Checking for smooth and reliable opening and closing mechanisms, as well as functional safety sensors.
Electrical Components: Inspecting wiring, controls, and safety circuits for proper operation.
Emergency Systems: Testing alarms, communication devices, and backup power supplies.
Shaftways: Confirming that landing openings have operable doors and gates to prevent falls into the shaft.

By meticulously examining these elements, qualified inspectors can detect issues such as worn-out parts, faulty wiring, and misaligned doors, all of which can contribute to elevator malfunctions and accidents.

Common Causes of Elevator Accidents

Elevator accidents can arise from a variety of causes, many of which can be prevented through diligent inspections and maintenance. Some of the most common causes include:

Misleveling: When an elevator fails to stop level with the hallway floor, creating a trip hazard.
Door Malfunctions: Doors that open or close too quickly, fail to detect obstructions, or open between floors.
Cable and Pulley Issues: Worn or damaged cables, malfunctioning pulleys, or cable failure.
Sudden Stops or Drops: Mechanical failures, such as faulty brakes or motor problems, can cause abrupt elevator movements.
Falls into Shaftways: Defective door interlocks or passengers exiting elevators stopped more than three feet from a landing.
Over speeding: Excessive elevator speed can result in passengers being thrown against walls or floors, causing serious injuries.

Holding Negligent Inspectors Accountable

When elevator accidents occur due to falsified inspections, it is crucial to hold the negligent inspectors accountable for their actions. This accountability serves several important purposes:

Justice for Victims: Ensures that those injured due to negligence receive the compensation they deserve.
Deterrence: Discourages other inspectors from engaging in similar misconduct.
Public Safety: Reinforces the importance of thorough inspections and helps prevent future accidents.

Legal Avenues for Pursuing Justice

Victims of elevator accidents caused by falsified inspections have several legal avenues to pursue justice:

Personal Injury Lawsuits: These lawsuits seek to recover damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.
Negligence Claims: To succeed in a negligence claim, it must be proven that the inspector owed a duty of care, breached that duty through negligence, and that the negligence directly caused the injury.
Premises Liability Claims: Property owners have a responsibility to maintain a safe environment for visitors and tenants. If an elevator accident occurs due to poor maintenance or safety violations, the property owner may be held liable.
Product Liability Claims: If an elevator accident results from a design or manufacturing defect, the elevator manufacturer could be liable under product liability laws.

Proving Negligence

Proving negligence in an elevator accident case requires gathering evidence to establish the following elements:

Duty of Care: The inspector had a legal responsibility to ensure the elevator’s safety.
Breach of Duty: The inspector failed to meet the required standard of care, such as by falsifying inspection reports or overlooking safety hazards.
Causation: The inspector’s negligence directly caused the accident and resulting injuries.
Damages: The victim suffered actual losses, such as medical expenses, lost income, and pain and suffering.

Evidence that can be used to support a negligence claim may include:

Inspection Records: Showing discrepancies or falsifications in the inspector’s reports.
Maintenance Logs: Revealing a history of unresolved safety issues.
Expert Testimony: From elevator engineers or safety experts who can assess the cause of the accident and the inspector’s negligence.
Witness Statements: From individuals who observed the accident or the condition of the elevator.

Who Can Be Held Liable?

In cases of falsified elevator inspections, several parties may be held liable for resulting accidents:

The Negligent Inspector: The individual who falsified the inspection report or failed to conduct a thorough examination.
The Inspection Company: If the inspector was an employee of an inspection company, the company may also be liable for negligent hiring, training, or supervision.
The Property Owner: Building owners are responsible for ensuring the safety of elevators on their property. They may be liable if they knew or should have known about the falsified inspections or hazardous conditions.
Maintenance Companies: If a maintenance company fails to detect or fix mechanical issues, they may be responsible for any resulting accidents.
Elevator Manufacturers: The manufacturer may be liable if the accident was caused by a defective elevator or faulty part.

The Role of Regulations and Oversight

Strong regulations and effective oversight are essential for preventing falsified elevator inspections and ensuring passenger safety. Key measures include:

Licensing and Certification Requirements: Establishing rigorous qualifications and training standards for elevator inspectors.
Mandatory Inspections: Requiring regular inspections by qualified professionals. In New York City, elevators must be inspected and tested twice annually.
Independent Oversight: Implementing independent audits and oversight programs to detect and deter falsified inspections.
Enforcement and Penalties: Imposing significant penalties for inspectors who engage in misconduct, including fines, suspension of licenses, and criminal charges.
Transparency and Record-Keeping: Maintaining accurate and accessible records of elevator inspections and maintenance.
Compliance with Standards: Adhering to standards like ASME A17.1/CSA B44, which set the stage for elevator design, installation, inspection, testing, maintenance, and operation.

Seeking Legal Assistance

If you or a loved one has been injured in an elevator accident that you suspect was caused by a falsified inspection, it is crucial to seek legal assistance from an experienced personal injury attorney. A qualified attorney can:

Investigate the Accident: Gather evidence to determine the cause of the accident and identify all responsible parties.
Assess Your Legal Options: Explain your rights and legal options, including the potential for pursuing a personal injury lawsuit.
Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement on your behalf.
Represent You in Court: If a settlement cannot be reached, represent you in court and advocate for your rights.

Conclusion

Falsified elevator inspections pose a serious threat to public safety. By holding negligent inspectors accountable, strengthening regulations, and seeking legal assistance when accidents occur, we can work together to ensure that elevators remain a safe and reliable means of transportation for everyone. If you believe you have been injured due to a falsified elevator inspection, contact our firm today for a consultation.