Who’s Responsible? Elevator Maintenance Company Liability in Injury Lawsuits

Each year, approximately 17,000 people in the United States sustain elevator-related injuries, highlighting the potential dangers of elevator malfunctions. When an elevator accident occurs, determining who is liable can be complex. While property owners have a general responsibility for safety on their premises, elevator maintenance companies can also be held responsible for injuries resulting from their negligence. This article explores the liabilities of elevator maintenance companies in injury lawsuits, providing insights into how responsibility is determined and what factors are considered.

The Role of Elevator Maintenance Companies

Elevator maintenance companies play a crucial role in ensuring the safe and reliable operation of elevators. Their responsibilities typically include:

Regular Inspections: Conducting routine inspections to identify potential issues and ensure all components are functioning correctly.
Preventative Maintenance: Performing maintenance tasks such as lubricating moving parts, adjusting controls, and replacing worn components to prevent malfunctions.
Repairs: Addressing any identified issues promptly and effectively, using qualified technicians and appropriate parts.
Compliance: Ensuring elevators meet all relevant safety codes and regulations, including annual safety checks.

Establishing Liability: Negligence and Duty of Care

In elevator accident lawsuits, negligence is a central factor in determining liability. To prove negligence against an elevator maintenance company, the following elements must be established:

Duty of Care: The maintenance company owed a duty of care to the injured party. This duty arises from the contractual agreement between the maintenance company and the property owner, as well as the general obligation to ensure the safety of elevator users.
Breach of Duty: The maintenance company breached its duty of care by failing to perform its responsibilities adequately. This could involve:
- Failure to properly maintain or inspect the elevator: Neglecting to conduct regular inspections or perform necessary maintenance tasks.
- Negligent repairs: Performing repairs improperly or using substandard materials.
- Failure to identify and address known issues: Ignoring or failing to report potential safety hazards.
- Causation: The maintenance company’s breach of duty directly caused the accident and the resulting injuries. For instance, if a cable snaps due to inadequate oiling, and passengers are harmed, the maintenance company could be held liable.
- Damages: The injured party suffered actual damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Common Examples of Negligence

Several scenarios can lead to elevator maintenance company liability:

Failure to Adequately Oil Elevator Cables: If a maintenance company neglects to properly lubricate elevator cables, leading to snapping or seizing, they can be held responsible for resulting injuries.
Improper Securing of Elevator Cables: Should a repair company fail to secure an elevator’s cable correctly, causing it to slip and injure passengers, they could face damage claims.
Lack of Routine Checks and Services: An elevator that isn’t routinely checked or repaired when needed is likely to malfunction, making the maintenance company liable for resulting injuries.
Using Substandard Materials: If an attorney can prove that substandard materials were used, leading to injuries, the maintenance company can be held accountable.

Factors Affecting Liability

Several factors can influence the determination of liability in elevator accident cases:

Maintenance Records: Detailed maintenance records are crucial in proving liability. These logs indicate whether the property owners kept the elevator in safe working condition. A history of ignored safety warnings can point directly to negligence.
Inspection Reports: Updated elevator inspection requirements necessitate property managers to maintain detailed records for every elevator on site for a minimum of five years. Each record should include the inspection date, the inspector’s name and certification number, notes on deficiencies and corrective actions, and dates of completed repairs and follow-up inspections.
Compliance with Safety Standards: Elevator maintenance companies must adhere to strict safety standards and regulations. Failure to comply with these standards can be a strong indicator of negligence.
Contractual Agreements: The specific terms of the maintenance contract between the property owner and the maintenance company can define the scope of responsibilities and liabilities.
Jurisdictional Codes: Codes can vary between country to country, state to state (in the US) or province to province (in Canada). It’s the responsibility of elevator service professionals to check that they are enforcing the appropriate code, i.e., the one that applies to the place where they are performing installation or maintenance work.

Who Else Could Be Held Liable?

While elevator maintenance companies can be held liable, other parties may also share responsibility:

Property Owners: Building owners have a legal responsibility to maintain a safe environment on their properties, including keeping elevators functional and operational.
Elevator Manufacturers: The manufacturer may be liable if the accident was caused by a defective elevator or faulty part.
Third-Party Contractors: In cases where third-party contractors are involved in the installation or repair of elevators, they may also be held accountable for negligence.

Seeking Legal Assistance

If you have been injured in an elevator accident, it is crucial to seek legal assistance from a qualified personal injury attorney. An attorney can help you:

Investigate the accident: Gather evidence, review maintenance records, and consult with experts to determine the cause of the accident and identify all liable parties.
Assess your damages: Calculate the full extent of your losses, including medical expenses, lost wages, and pain and suffering.
Negotiate with insurance companies: Handle communications with insurance companies and negotiate a fair settlement.
File a lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.

Conclusion

Determining liability in elevator accident cases requires a thorough understanding of negligence principles, duty of care, and the responsibilities of elevator maintenance companies. If you or a loved one has been injured in an elevator accident, consulting with an experienced attorney is essential to protect your rights and pursue the compensation you deserve.