Elevators and escalators are generally considered safe when properly installed and maintained, but malfunctions and defects can lead to serious injuries. Understanding who may be responsible when one of these devices fails can help injured individuals know their options. A Huntington, WV personal injury lawyer can help injured individuals understand who may be responsible for an elevator or escalator accident and what legal options may be available.
Common Causes of Elevator and Escalator Accidents
These accidents often result from inadequate or delayed maintenance, mechanical or electrical failures, improper installation, sudden stops or drops caused by cable or braking system failures, and escalator step gaps or handrail malfunctions that cause falls or entrapment.
Who May Be Responsible
Liability in these cases can extend to several different parties. The property owner or manager may be responsible for failing to keep the equipment properly maintained. A maintenance company contracted to service the elevator or escalator may be liable if inspections or repairs were performed negligently. The manufacturer of the equipment may be responsible if a design or manufacturing defect caused the malfunction.
The Importance of Maintenance Records
Elevators and escalators are typically subject to regular inspection requirements, and maintenance companies are required to keep detailed records of service performed. These records often play a central role in determining whether proper maintenance was performed and whether a known issue went unaddressed prior to an accident.
Common Injuries From These Accidents
Injuries from elevator and escalator accidents can include fractures from falls, crush injuries from doors or mechanical components, entrapment injuries involving hands, feet, or clothing, and in more severe cases, traumatic injuries from a sudden drop or malfunction.
Building Codes and Safety Regulations
Elevators and escalators are subject to detailed safety codes and regulations designed to prevent common types of accidents. A violation of these codes at the time of an accident can serve as strong evidence that the responsible party failed to meet the required standard of care.
Building a Strong Claim
Strong claims in these cases often rely on maintenance and inspection records, any history of prior complaints or malfunctions involving the same equipment, photographs and video footage from the scene, and expert testimony explaining what likely caused the malfunction.
Steps to Take After an Elevator or Escalator Accident
If you are injured in one of these accidents, seek medical attention right away and report the incident to the property management. Take photographs of the equipment and the scene if possible, and try to identify any witnesses who saw what happened.
Elevators and Escalators in Public Versus Private Buildings
Liability principles can vary slightly depending on whether the equipment is located in a private business, a residential building, or a government-owned facility such as a courthouse or public transit station. Claims involving government-owned buildings may involve additional notice requirements similar to other claims against public entities, making it important to identify early on who actually owns and maintains the equipment involved.
The Bottom Line
Elevator and escalator accidents often involve questions about maintenance history and equipment defects that require careful investigation. If you have been injured in one of these incidents, understanding who may be responsible can help guide your next steps. Contact Hayhurst Law PLLC if you have been injured in an elevator or escalator accident and need help determining who may be responsible and what legal options may be available.
