Negligent Maintenance: Injury Claims for Poorly Maintained Elevators

Imagine stepping into an elevator, expecting a smooth ride to your destination. Instead, the car lurches, mislevels, or even drops suddenly, causing serious injuries. Elevator accidents, though relatively rare, can have devastating consequences. According to the U.S. Bureau of Labor Statistics, elevators and escalators cause approximately 30 fatal accidents each year in the United States, and the Consumer Product Safety Commission estimates that about 17,000 people suffer elevator-related injuries annually. When these incidents occur due to the negligence of property owners or maintenance companies, victims have the right to seek compensation for their injuries.

Understanding Negligent Maintenance

Negligent maintenance occurs when those responsible for an elevator’s upkeep fail to meet their duty of care, leading to unsafe conditions. This can manifest in various ways:

Failure to conduct regular inspections: Elevators require routine inspections to identify potential problems early. The Occupational Safety & Health Administration (OSHA) requires elevators to be thoroughly inspected at intervals not exceeding one year, with additional monthly inspections as needed. Neglecting these inspections can allow minor issues to escalate into major hazards.
Ignoring necessary repairs: Even with regular inspections, problems can arise. Failing to address these issues promptly, such as worn cables, faulty brakes, or malfunctioning doors, constitutes negligence.
Using substandard parts: To save money, some may opt for cheaper, lower-quality replacement parts. This can compromise the elevator’s safety and increase the risk of accidents.
Improper installation: Incorrect installation of elevator components can compromise stability and create unsafe conditions. Using substandard materials or failing to adhere to the Florida Building Code can create unsafe conditions.
Lack of proper lubrication: If an elevator’s mechanical or electrical systems are not regularly inspected, lubricated, and tested, minor issues can grow into dangerous hazards. Examples include failing cables, malfunctioning brakes, and worn-out door sensors.

Who is Liable?

Determining liability in an elevator accident case can be complex, as several parties may be responsible:

Building Owners/Property Managers: They have a legal obligation to ensure the safety of their elevators by providing regular maintenance and repairs.
Elevator Maintenance Companies: These companies are contracted to inspect and maintain elevators. Negligent repair work or failure to perform necessary inspections can lead to liability.
Elevator Manufacturers: If the accident was caused by a defective elevator or faulty part, the manufacturer may be liable under product liability laws.
Elevator Installation Companies: In some cases, improper installation of an elevator system can lead to malfunctions and accidents.

Common Elevator Problems Resulting from Negligence

Several common elevator problems can arise from negligent maintenance, leading to potential injuries:

Misleveling: This occurs when an elevator car stops above or below the level of the floor, creating a tripping hazard. Roughly 25% of all elevator incidents involve misleveling.
Door Malfunctions: Doors that fail to open or close properly can cause delays, inconvenience, and potential injuries. Elevator door problems can result in big losses if ignored in the beginning. These issues can stem from faulty sensors, misaligned tracks, or poor lubrication.
Sudden Stops or Drops: These can result from worn cables, brake failures, or electrical issues, causing passengers to fall and sustain injuries.
Stuck Elevators: Elevators getting stuck in the middle of operation timing is one of the most commonly reported issues. Research shows that in the U.S. alone, over 17,000 people get trapped in elevators annually. This sheds light on the frequent risks caused by power failures, mechanical malfunctions, or control system faults.
Unusual Noises and Vibrations: Unusual elevator noises, such as grinding, squeaking, or rattling, can signal deeper mechanical issues. These sounds are a silent sign of problems with cables, pulleys, or motor bearings.

Proving Negligence in an Elevator Injury Claim

To succeed in an elevator negligence claim, you generally need to prove the following elements:

Duty of Care: The defendant (property owner, maintenance company, etc.) owed a duty to keep the elevator safe.
Breach of Duty: The defendant failed to maintain the elevator as required, violating safety codes or ignoring safety protocols.
Causation: The defendant’s negligence directly caused your injuries.
Damages: You suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Evidence that can help prove negligence includes:

Maintenance records: These documents show the history of inspections, repairs, and maintenance performed on the elevator.
Inspection reports: These reports reveal any identified issues and the timeline for correction.
Witness statements: Testimony from people who witnessed the accident or had knowledge of the elevator’s condition can be valuable.
Expert testimony: An elevator expert can provide insights on safety standards, maintenance protocols, and the cause of the accident.
Medical records: These documents establish the nature and extent of your injuries.

In some cases, the doctrine of res ipsa loquitur (“the thing speaks for itself”) may apply. This legal principle allows you to infer negligence based on the fact that the accident would not have occurred unless someone was negligent.

Types of Injuries

Elevator accidents can result in a wide range of injuries, including:

Head and Brain Injuries: Falling debris, sudden jolts, or falls can result in traumatic brain injuries (TBI), concussions, or other head injuries.
Spinal Cord Injuries: Elevator malfunctions, especially sudden drops, can cause significant damage to the spine, leading to long-term disabilities or paralysis.
Bone Fractures: Falls or being struck by parts of the elevator can cause fractures of the arms, legs, hips, or ribs.
Soft Tissue Injuries: Sprains, strains, and tears of muscles and ligaments are common in elevator accidents.
Crush Injuries: These occur when passengers are caught between the elevator doors or other moving parts of the elevator system.
Psychological Trauma: The experience of being in an elevator accident can lead to anxiety, fear, and post-traumatic stress disorder (PTSD).

Compensation Available

If you’ve been injured in an elevator accident due to negligent maintenance, you may be entitled to compensation for:

Medical Expenses: This includes past and future costs of treatment, rehabilitation, and medication.
Lost Wages: You can recover lost income from being unable to work due to your injuries.
Pain and Suffering: This compensates you for the physical pain and emotional distress you’ve experienced.
Property Damage: If any of your personal belongings were damaged in the accident, you can seek compensation for their repair or replacement.
Punitive Damages: In cases of egregious negligence, you may be awarded punitive damages to punish the defendant and deter similar conduct in the future.

Legal and Safety Standards

Elevator safety is governed by a complex web of regulations and standards at the federal, state, and local levels. These include:

OSHA Regulations: OSHA sets standards for elevator safety in the workplace.
ASME A17.1/CSA B44: These standards, developed by the American Society of Mechanical Engineers (ASME) and the Canadian Standards Association (CSA), provide guidelines for elevator design, installation, inspection, testing, maintenance, and operation.
State and Local Building Codes: Many states and cities have their own elevator safety codes, which may be more stringent than federal standards.
The Florida Building Code: guidelines are accessible online for reference.

What to Do After an Elevator Accident

If you are involved in an elevator accident, it’s crucial to take the following steps:

Seek Medical Attention: Your health is the top priority. Even if you don’t think you’re seriously injured, see a doctor for a checkup.
Report the Accident: Notify the building owner or property manager and request that they document the incident and provide you with a copy of the accident report.
Gather Evidence: Take photos or videos of the accident scene, including any visible hazards or malfunctions. Collect contact information from witnesses.
Consult an Attorney: Elevator injury lawsuits can be complex, and having a knowledgeable attorney is important. A personal injury lawyer experienced in elevator accidents can help you investigate the cause of the accident, determine building liability, and build a strong compensation case.

The Role of an Elevator Expert Witness

In elevator accident cases, an elevator expert witness can play a crucial role in establishing negligence and proving your claim. These experts can:

Analyze the elevator’s maintenance records and inspection reports.
Inspect the elevator and identify any defects or code violations.
Provide testimony on the applicable safety standards and maintenance protocols.
Explain the cause of the accident in clear, understandable terms.
Assess whether the elevator was compliant at the time of the incident.

Recent Settlements and Verdicts

Elevator accident cases can result in significant settlements and verdicts, depending on the severity of the injuries and the extent of the negligence. For example, a \$8,000,000 Settlement (New Jersey 2024) was awarded to a 53-year-old man who fell eight feet into an elevator shaft. The elevator doors opened without the elevator present, causing the man to fall and suffer multiple fractures and a traumatic brain injury. In New York, a \$1.1 Million Settlement was reached for an elevator accident at a downtown office building where the victim suffered spinal injuries.

Conclusion

Elevator accidents caused by negligent maintenance can lead to serious injuries and financial hardship. If you or a loved one has been injured in an elevator accident, it’s essential to understand your rights and take appropriate action. Contacting a personal injury attorney with experience in elevator accident cases can help you navigate the legal process and pursue the compensation you deserve. By holding negligent parties accountable, we can help ensure that elevators are properly maintained and that passengers are protected from harm.