Negligent Elevator Maintenance: When Does Lack of Upkeep Become a Lawsuit?

Elevators are a ubiquitous part of modern life. In the US and Canada, over 600,000 elevators move almost 600 million people each day. We rely on them to safely transport us between floors in office buildings, apartment complexes, hospitals, and shopping malls. But what happens when that trust is broken? When does a simple malfunction turn into a serious injury, and when does that injury become grounds for a lawsuit based on negligent elevator maintenance?

The Silent Danger: Elevator Accidents and Negligence

While elevator accidents may seem rare, they can have devastating consequences. A 2006 study by the National Institute for Occupational Safety and Health found that elevators and escalators cause approximately 30 deaths and 17,000 serious injuries each year. These accidents aren’t always the result of random malfunctions; often, they stem from negligence.

Negligence, in a legal context, is the failure to exercise reasonable care, resulting in harm or injury to another person. In elevator accident cases, negligence often revolves around the duty of care owed by the property owner or operator to ensure the elevator is properly maintained, inspected, and repaired. When this duty is breached, and someone is injured as a result, a lawsuit may be warranted.

What Constitutes Negligent Elevator Maintenance?

Several factors can contribute to a finding of negligent elevator maintenance. These include:

Failure to Routinely Inspect or Maintain the Elevator: Like all complex machines, elevators require routine maintenance conducted by qualified specialists. Skipping routine checks and repairs is a key violation that can lead to accidents. Failing to adhere to the suggested maintenance schedule can constitute negligence in some elevator accident cases.
Operating Elevators During Repairs: Allowing people to use a broken elevator can be dangerous. If a property owner knows that the elevator needs attention, allowing people to use it is negligent.
Ignoring Reported Problems: Property owners can be held liable when they ignore reported problems.
Using Unqualified Personnel for Maintenance: Some property owners rely on unqualified individuals for elevator maintenance. When this happens, they can be held liable for their negligence.
Inadequate Fall Prevention Measures: Other common causes of preventable elevator accidents include inadequate fall prevention measures and no barriers blocking open elevator shafts.

Common Causes of Elevator Accidents

Negligent maintenance can lead to a variety of dangerous conditions, including:

Mechanical Failures: Worn-out cables, faulty wiring, and defective sensors can cause sudden drops or entrapment. Mechanical failures are one of the leading causes of elevator accidents. These can include brake malfunctions and cable breaks.
Misleveling: When an elevator does not stop evenly with the floor, passengers can trip and suffer injuries.
Door Malfunctions: Faulty sensors may cause doors to close unexpectedly, leading to serious harm. Faulty door mechanisms can result in injury if the door shuts on your limbs or torso.
Sudden Stops and Free Falls: Brake failures or power interruptions can result in abrupt movements that cause injuries.

Proving Negligence: Elements of an Elevator Accident Lawsuit

To win an elevator accident lawsuit based on negligence, the injured party (the plaintiff) must prove the following elements:

Duty of Care: The defendant (typically the property owner, manager, or maintenance company) owed a duty of care to the plaintiff. Property owners owe a duty of care to ensure elevators are regularly inspected and in proper working condition.
Breach of Duty: The defendant breached that duty by failing to maintain the elevator properly. A breach occurs when the property owner or manager fails to maintain the elevator. Examples of breaches include failure to maintain or inspect the equipment and failure to repair a known defect.
Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries. In other words, if the elevator had been properly maintained, the accident would not have occurred.
Damages: The plaintiff suffered actual damages as a result of the injuries, such as medical expenses, lost wages, and pain and suffering.

Who Can Be Held Liable?

Liability in elevator accident lawsuits can fall on various parties, depending on the specific circumstances:

Property Owners: Owners are responsible for ensuring that elevators in their buildings are properly maintained and safe for use.
Maintenance Companies: Many property owners contract elevator maintenance to specialized elevator service companies. If an elevator accident occurs due to poor workmanship or overlooked issues, the maintenance company could be held responsible.
Manufacturers: If a faulty part or design flaw leads to an elevator accident, the manufacturer might be held responsible.

The Importance of Evidence

Proving negligence requires strong evidence. This may include:

Maintenance Records: Reviewing maintenance logs to spot any red flags like skipped inspections or delayed repairs.
Inspection Reports: Examining inspection reports to identify any noted defects or safety violations.
Witness Statements: Gathering statements from witnesses who observed the accident or had knowledge of the elevator’s condition.
Surveillance Footage: Video evidence can be a game-changer in capturing what caused the elevator accident.
Expert Testimony: Consulting with mechanical engineers and safety experts who can provide professional insight is indispensable in establishing negligence.

Compensation and Recovery Options

Elevator accident victims can seek compensation for:

Medical Expenses: Covering initial emergency room visits and all related medical needs resulting from the accident.
Lost Wages: Recovering lost wages if elevator accident victims take time off work due to their injuries.
Pain and Suffering: Compensation for physical pain, emotional distress, and decreased quality of life.

How Often Should Elevators Be Inspected?

Elevator inspection requirements vary. While most commercial elevators require yearly inspections, the laws on inspection intervals for elevators vary between states and counties per city ordinances, so you must check the regulations in your area. For instance, elevators in high-traffic environments may require inspections as frequently as every one to three months.

Finding Legal Assistance

If you or a loved one has been injured in an elevator accident, it’s crucial to seek legal guidance from an experienced personal injury attorney. An attorney can help you understand your rights, investigate the accident, gather evidence, and pursue the compensation you deserve.