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Elevator injuries may occur anywhere in any building or construction where elevators are used. The Census of Fatal Occupational Injuries reported 207 deaths in the ten years 1992-2001 – about 21 per year – related to elevators and escalators. (Deaths in this period involving injuries prior to 1992 were excluded from the study.) Of these, 146 involved work on or near elevators and 61 of those killed were elevator passengers – people entering or riding in elevators while at work. In addition, CFOI reported 5 deaths due to escalators during this period.
If a defect is discovered in the construction, or manufacturing, of the elevator/escalator or its components, the manufacturer may be responsible for injuries. These legal claims would be considered to be a products liability claim.
Manufacturers can be sued and found liable for their faulty elevators under the following conditions:
- failure to inspect or test the elevator before placing it on the market
- creating a flaw in the product
- failure to discover that an elevator could be dangerous
- failure to warn or adequately warn of a risk or hazard associated with an elevator
Building Management/Owners may be sued if their elevators are not kept current with ever-evolving safety codes and standards. Owners or managers of buildings are required to keep elevators and escalators up-to-date with current and properly working safety equipment and safety devises. In addition, an owner or manager can be held liable for elevator injuries if there is a failure to develop and implement an emergency/rescue plan and to train and drill employees in the aspect of those plans.
Service and maintenance company can also be found liable for faulty elevators. Elevators, are complicated pieces of machinery. In fact, an entire industry has been developed to maintain and service them. Very few building owners or managers have the know-how to maintain and service their elevators and/or escalators. Therefore, they enter into contractual agreements with trained service and maintenance companies. Service companies are then responsible for, at minimum, monthly lubrication, adjustments, maintenance, and upgrades. These companies are responsible to know current standards and changes in codes. They can also be held accountable for defective repairs and for failing to keep maintenance records.
Issues and topics related to Elevator Injuries include:
- Elevator Accidents
- Construction Accidents
- Scaffolding Accidents
- Personal Injury
- Municipal Liability
If you or anyone you know has been injured in an Elevator Accident, please contact our lawyers now.
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Facts About Accidents
