Negligent Elevator Maintenance: Filing a Lawsuit

Each year, approximately 17,000 people in the United States sustain injuries in elevator-related incidents, highlighting the potential dangers lurking within these ubiquitous devices. While elevators are generally considered a safe mode of transportation, accounting for almost 90% of deaths and 60% of serious injuries, incidents stemming from negligent maintenance can lead to severe consequences, prompting the need for legal action.

The Basis of a Negligence Claim

An elevator accident can result in a personal injury claim if the accident was caused by someone else’s negligence. Negligence, in a legal context, occurs when a party fails to exercise the level of care that a reasonable person would under similar circumstances. In elevator accident cases, negligence often arises from inadequate maintenance, faulty manufacturing, or design defects.

Identifying Negligence in Elevator Maintenance

To successfully file a lawsuit for negligent elevator maintenance, it’s crucial to establish that negligence occurred. Examples of negligent acts related to elevator maintenance include:

Failure to adhere to maintenance schedules: Elevators require routine maintenance performed by qualified specialists. Failing to adhere to suggested maintenance schedules can constitute negligence.
Employing unqualified personnel: Property owners who rely on unqualified individuals for elevator maintenance may be held liable for their negligence.
Failure to repair: Building owners have a legal responsibility to repair broken elevators within a reasonable time. Injuries resulting from elevators in need of repair can lead to liability for the owner.
Ignoring warning signs: Property owners must address elevator violation notices promptly, typically within 10 business days, and non-compliance can result in legal consequences.
Not taking elevators out of service: For elevators needing serious repairs, property owners should take them out of service. Allowing people to use a broken elevator can be dangerous and considered negligent.

Who Can Be Held Liable?

Several parties can be held liable in an elevator accident case, depending on the circumstances:

Property Owners: They have a duty to maintain a safe environment on their properties, including elevators. This includes regular maintenance, prompt repairs, and adherence to safety regulations.
Maintenance Companies: If a property owner contracts elevator maintenance to an outside company, that company may be responsible for accidents caused by their negligence, such as failing to service the elevator based on the recommended schedule or making negligent repairs.
Manufacturers: Elevator manufacturing companies can be held accountable for the quality and safety of their products, even if the warranty has expired. Liability can arise from marketing defects, manufacturing defects, or design defects.

Common Causes of Elevator Accidents

Many elevator accidents stem from a failure to properly maintain the equipment. Some of the most common causes include:

Misleveling: When an elevator fails to stop correctly, it can create a dangerous gap between the car and the floor, leading to trips and falls.
Excessive Speed: If an elevator exceeds recommended speeds, sudden stops can cause passengers to fall or crash into the car’s sides.
Door Malfunctions: Doors that close too quickly or fail to reopen when obstructed can cause injuries.
Mechanical Failures: These can include issues with the control system, drive malfunction, pully system malfunction, faulty wiring, or abrupt stops.

Types of Injuries Sustained in Elevator Accidents

Elevator accidents can result in a wide range of injuries, from minor to severe:

Broken bones and fractures
Head injuries, including concussions and traumatic brain injuries
Spinal cord injuries and paralysis
Cuts, bruises, and soft tissue injuries
Internal injuries
Psychological trauma from being trapped

Steps to Take After an Elevator Accident

If you’ve been involved in an elevator accident, taking the following steps can protect your health and any potential legal claims:

Seek Immediate Medical Attention: Prioritize your health and get a thorough medical evaluation.
Document the Incident: Take photos or videos of the accident scene, including any visible injuries, damage to the elevator, or unsafe conditions.
Report the Accident: Notify the building manager, property owner, or relevant authority about the accident.
Gather Evidence: Collect any available evidence, such as witness statements, maintenance records, and inspection reports.
Seek Legal Advice: Consult with a personal injury attorney experienced in elevator accident cases to discuss your legal options.

The Importance of Expert Witnesses

In elevator accident litigation, expert witnesses play a crucial role in establishing liability. These experts can provide technical knowledge and analysis of the elevator’s design, function, and maintenance. They can assess maintenance practices, review service logs, and determine whether failures in these practices contributed to the accident. Expert witnesses who understand elevator engineering and code compliance can testify about deviations from accepted standards.

Navigating the Legal Process

The legal process for an elevator negligence case typically involves these stages:

Consultation and Evidence Review: An attorney will review maintenance records, interview witnesses, and examine medical documentation.
Pre-Suit Negotiations: Attorneys may present the claim to the responsible party or their insurer to attempt an early settlement.
Filing a Lawsuit: If no fair agreement emerges, the attorney will file a lawsuit in the appropriate court.
Discovery Phase: Both sides exchange evidence, depose witnesses, and gather expert analysis.
Settlement Discussions and Mediation: Most cases attempt settlement before trial.
Trial, If Needed: If the case does not resolve, it proceeds to trial, where a judge or jury will review the evidence and arguments.

Timelines and Statutes of Limitations

It’s crucial to be aware of the statute of limitations for filing a personal injury claim in your jurisdiction. This deadline specifies the time limit within which you must file a lawsuit. For instance, in Florida, victims typically have four years from the date of injury to file a lawsuit, though circumstances can affect deadlines. In Massachusetts, the statute of limitations for personal injury claims is typically three years from the date of the accident. In Illinois, the statute of limitations for most elevator accidents is two years from the date of the accident. Missing the deadline could mean losing your right to pursue compensation.

Seeking Legal Assistance

Filing a lawsuit for negligent elevator maintenance can be a complex process. Consulting with an experienced attorney can help you understand your rights, navigate the legal process, and maximize your chances of recovering fair compensation for your injuries and losses.