Misleveling Elevators: A Common Cause of Injury and How to File a Claim

Elevators are a ubiquitous part of modern life, transporting millions of people daily in residential buildings, offices, shopping malls, and more. We generally trust these machines to operate safely, but elevator accidents do occur, sometimes with devastating consequences. One of the most frequent causes of elevator-related injuries is misleveling. According to a Robson Forensic study, misleveling accounts for approximately 25% of all elevator incidents. When an elevator fails to stop flush with the floor, it creates a dangerous trip hazard for passengers entering or exiting the car. This blog post will delve into the causes and consequences of elevator misleveling and provide guidance on how to file a claim if you’ve been injured.

What is Elevator Misleveling?

Elevator misleveling occurs when an elevator car doesn’t align correctly with the building floor when it stops. This means the elevator car can stop slightly above or below the floor level, creating a vertical gap. This gap, even if only a few inches, can pose a significant tripping hazard, especially for the elderly, individuals with mobility issues, or those who are distracted.

Causes of Elevator Misleveling

Several factors can contribute to elevator misleveling. Understanding these causes is crucial for identifying the responsible parties in an accident and preventing future incidents. Common causes include:

Brake Issues: Worn brake linings, defective brake springs, or problems with the brake drum can cause the elevator to stop imprecisely. Brake issues are one of the most common reasons for misleveling.
Problems with the Leveling System: Glitches or failures in the automatic leveling system can prevent the elevator from aligning correctly with the floor.
Electrical Issues: An unsuitable electrical current or voltage fluctuations can disrupt the elevator’s operation and cause misleveling.
Hydraulic Issues: In hydraulic elevators, valve leaks or insufficient fluid levels can lead to the car drifting and misleveling.
Overcrowding: Overloading the elevator car can strain the system and affect its ability to level properly.
Equipment Age and Condition: Older elevators, particularly those with outdated technology, are more prone to misleveling due to wear and tear on their components.
Inadequate Maintenance: Lack of regular maintenance, inspections, and timely repairs can lead to the deterioration of elevator components and increase the risk of misleveling.
Environmental Factors: Moisture and temperature issues can also affect elevator leveling.

Common Injuries Resulting from Elevator Misleveling

Misleveling can lead to a variety of injuries, ranging from minor to severe. Some of the most common injuries include:

Trips and Falls: The most frequent type of injury is from tripping and falling when entering or exiting the elevator due to the uneven surface.
Broken Bones: Falls can result in fractures of the arms, wrists, hips, ankles, or legs.
Sprains and Strains: Sudden missteps can cause sprains and strains in the ankles, knees, or back.
Head Injuries: Impact from a fall can lead to concussions or more serious traumatic brain injuries.
Soft Tissue Injuries: Cuts, bruises, and soft tissue injuries can occur from falls or impacts with the elevator’s interior.
Spinal Cord Injuries: In severe cases, falls can result in spinal cord injuries and paralysis.

Steps to Take After an Elevator Accident

If you’ve been injured in an elevator accident caused by misleveling, it’s crucial to take the following steps to protect your health and legal rights:

Seek Medical Attention: Your health and safety are the top priorities. Even if your injuries seem minor, seek medical attention immediately. Some injuries, such as internal injuries or head trauma, may not be immediately apparent but can have serious long-term consequences if left untreated.
Report the Accident: Report the incident to the building management or property owner as soon as possible. Request that an incident report be filed and ask for a copy for your records.
Document the Scene: If you are physically able, gather evidence at the scene of the accident. Take photos and videos of the elevator, including the misleveling, any visible mechanical issues, and the surrounding area.
Collect Witness Information: Get the contact information of any witnesses who saw the accident occur. Their testimony can support your claim and help establish fault.
Consult an Elevator Accident Attorney: Elevator accidents can involve complex legal issues, especially when multiple parties may be at fault. A skilled personal injury lawyer can help you understand your rights and options and guide you through the claims process.

Filing a Claim for an Elevator Misleveling Injury

Filing a personal injury claim after an elevator accident involves several steps:

Determine Liability: Identify the parties responsible for the accident. Potentially liable parties include:
- Property Owner: Building owners are responsible for ensuring that elevators in their buildings are properly maintained and safe for use.
- Elevator Maintenance Company: If a contracted maintenance company failed to perform necessary repairs or follow safety standards, they may be liable for any resulting accidents.
- Elevator Manufacturer: Defects in the design, manufacturing, or installation of elevator parts can make the manufacturer liable in cases of malfunction.
- Gather Evidence: Collect all relevant evidence to support your claim, including:
- Medical records and bills
- Photographs and videos of the accident scene
- Witness statements
- Incident reports
- Elevator maintenance records
- Inspection reports
- Send a Demand Letter: Your attorney will send a demand letter to the liable party or their insurance company, outlining the details of the accident, your injuries, and the compensation you are seeking.
- Negotiate a Settlement: The insurance company may offer a settlement to resolve the claim. Your attorney will negotiate on your behalf to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
- File a Lawsuit: If a settlement cannot be reached, your attorney may file a lawsuit to pursue your claim in court.

Compensation for Elevator Accident Injuries

If you’ve been injured in an elevator accident, you may be entitled to compensation for the following damages:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: Reimbursement for lost income if you’ve been unable to work due to your injuries.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you’ve experienced as a result of the accident.
Property Damage: Reimbursement for any damaged personal property.
Punitive Damages: In cases of gross negligence or misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Preventing Elevator Misleveling Accidents

While elevator accidents can have serious consequences, many are preventable with proper maintenance and safety measures. Building owners and maintenance companies should:

Conduct Regular Inspections: Elevators should be inspected at least annually by a certified professional to identify potential issues before they escalate.
Perform Preventive Maintenance: Implement a proactive maintenance program that includes regular check-ups, lubrication, and adjustments to ensure all components are in good working order.
Address Issues Promptly: Any reported issues, such as misleveling, should be addressed promptly and repaired by qualified technicians.
Modernize Equipment: Older elevators should be modernized with updated technology to improve safety and reliability.
Post Warning Signs: Clear warning signs should be posted to alert passengers to watch their step when entering and exiting the elevator.

Conclusion

Elevator misleveling is a common but preventable cause of injury. By understanding the causes of misleveling, taking appropriate steps after an accident, and implementing preventive maintenance measures, we can work together to make elevators safer for everyone. If you or a loved one has been injured in an elevator accident, it is essential to seek legal guidance from an experienced attorney who can help you navigate the claims process and fight for the compensation you deserve.