Elevator Accidents

This page is about elevator accident lawsuits.  We discuss what you need to know to bring a claim, what elevator accident cases our lawyers typically see, and we look at settlement amounts and jury payouts in these lawsuits.

Elevator Accidents

Whether you are on the job or just visiting a multiple-story building, you put your health and your life in the hands of another every time you step on an elevator. In the United States and Canada, more than 600,000 elevators move almost 600 million people each day. Because elevators are expensive to build and maintain, shortcuts are often taken that cause risk of serious injury or death to their occupants.

Defective design or, more commonly, improperly maintained or installed elevators are the most common subjects of elevator lawsuits. In most states, underscoring the importance of elevator safety, owners of elevators owe a heightened standard of care to their passengers.

In Maryland, the owner or operator of a passenger elevator is required to exercise the highest degree of care and diligence practicable under the circumstances, to guard against injuries to persons riding in such an elevator. Property owners who maintain an elevator are required to use reasonable care in order to maintain their elevators and to warn potential occupants of the hazards they know about or should have known about after a reasonable inspection.

Typically, an elevator injury lawsuit alleges defective design, neglect, faulty wiring, and lack of proper installation, maintenance, and/or upgrade of the elevator. There are two primary types of elevator accident lawsuits: passenger and freight.

Passenger Elevator Accidents

The most common elevator a majority of us see is the passenger elevator. Passenger elevators are required in public safety regulations to conform to ASME A17.1, which was first drafted almost 90 years ago. Elevators also typically must pass state inspections before they are operational. Many elevator accidents occur as the result of:

• Overcapacity
• Electrocution due to faulty wiring
• A malfunction of the pulley system caused the elevator to fall
• Lack of rope grippers to stop an elevator’s fall,
• Loose hanger track bolts and missing bolts on the elevator doors
• Improper leveling with elevator and hallway floors

Freight Elevator Accidents

The construction of freight elevators, designed only for the conveyance of freight, is sometimes different from the construction of passenger elevators. Like any elevator, a freight elevator must be properly built and maintained. But in spite of the fact that these elevators often carry people, freight elevators are not required to maintain the ASME A17.1 code requirements that passenger elevators must meet. This means as you would expect, a lot of corners sometimes get cut when building and maintaining freight elevators.

There are many different types of injuries that occur from improperly designed, inspected, or maintained elevators. Most common and not surprising are finger and hand injuries from closing doors. Many freight elevators are designed without an inside or outside pull strap to manually close the door.

The Four Typical Themes in Elevator Accidents

Lawsuits involving elevator accidents typically center on the following four themes:

1. Maintenance Negligence: Elevator maintenance is crucial. Lawsuits frequently arise from improper or neglected maintenance routines. Regular inspections to identify issues, timely repairs of known defects, and adequate training for maintenance personnel are expected standards. Failure to meet these standards can lead to malfunctioning elevators and accidents.
2. Negligent Design or Manufacturing: An elevator’s design and manufacturing process must adhere to strict safety standards. Any design flaws or manufacturing defects, particularly with critical safety features like brakes, doors, or control systems, can lead to catastrophic failures and are a common basis for legal claims.
3. Failure to Warn: Property owners and service providers must warn about any known hazards associated with elevator use. This includes posting clear signage for weight limits or out-of-service notices. Landlords often get unbelievably lazy on warnings.  A failure to communicate known dangers effectively can lead to accidents and a very viable elevator accident lawsuit.
4. Premises Liability: The concept of premises liability extends to maintaining a safe environment, which encompasses elevators. Property owners and managers can be held liable if they fail to ensure that elevators are functioning safely, fail to train staff properly in the operation or emergency procedures, or if they don’t address potential security issues that could lead to accidents.

These themes point to a broader issue of responsibility by various parties to ensure elevator safety, from regular maintenance to clear communication about potential risks. When accidents occur, what our elevator accident lawyers must do is determine liability by examining these aspects to establish negligence and breach of duty of care.

Who Can Be Held Liable for Elevator Accidents?

Liability in elevator accident lawsuits can fall on various parties. It really depends on specific circumstances of the case. Most typically, our elevator accident lawyers see claims against these types of defendants:

• Property Owners: Owners are responsible for ensuring that elevators in their buildings are properly maintained and safe for use. You see a lot of settlements and verdicts in cases where the property owner failed to conduct regular inspections or address known issues, making them liable for accidents.
• Maintenance Companies: If a contracted maintenance company failed to perform necessary repairs or follow safety standards, they may be liable for any resulting accidents.
• Manufacturers: Defects in design, manufacturing, or installation of elevator parts can make the manufacturer liable in cases of malfunction.
• Elevator Inspectors: In some cases, although you do not see this very often, the negligence of an inspector who failed to identify critical safety concerns during routine checks may be a basis for liability.

Determining who is responsible for an elevator accident requires a thorough investigation of maintenance records, design specifications, and inspection reports. Our experienced legal team can help identify the liable parties and hold them accountable.

Common Elevator Accident Injuries

Elevator accidents can result in a wide range of injuries, depending on the circumstances of the incident. Some of the most common injuries include:

• Fractures and Broken Bones: Sudden stops, falls, or malfunctions can cause occupants to lose balance, leading to fractures or other serious injuries.
• 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. You generally see very high settlement compensation for victims in these cases – often in the millions of dollars – if liability can be established and there is sufficient insurance coverage.
• Crush Injuries: These occur when passengers are caught between the elevator doors or other moving parts of the elevator system. These can be absolutely awful injuries that can lead to death and permanent disabilities and the elevator accident lawsuit settlements and verdicts you see in these cases can be extremely high.
• Electrocution: Faulty wiring or improperly maintained electrical systems can pose electrocution risks. Many of these cases involve relatively minor shocks but there are also wrongful death lawsuit in these cases as well.

Elevator Accident Verdicts & Settlements

Below are summaries of recent verdicts and reported settlements from elevator accident cases involving injuries.

• $8,000,000 Settlement (New Jersey 2024):  A 53-year-old man who fell eight feet into an elevator shaft settled his case for $8 million. The elevator doors opened without the elevator present, causing the man to fall and suffer multiple fractures and a traumatic brain injury. The settlement was reached on the first day of trial and involved both the property owner and the elevator maintenance company.
• $410,977 Verdict (Connecticut 2023): The plaintiff was riding in an elevator in his apartment complex when a piece or pieces of the building’s elevator ceiling suddenly fell and struck him in the face and head, causing him to fall down.
• $25,000 Settlement (New York 2023): The plaintiff, a minor, allegedly fell and injured herself due to an excessively large gap between an elevator and a train platform. This is common accident you see in elevator accident lawsuit settlements. In many of these types of elevator accidents, the injuries are relatively minor. They often include scrapes and bruises and other minor injuries.  The plaintiff in this case claimed a host of injuries including facial lacerations which resulted in scarring, concussion, post-concussive syndrome, headaches, sprain/strain of the cervical and lumbar spine, bilateral tinnitus, hearing loss, corneal abrasion, punctate keratitis of the right eye, and impaired vision. But, obviously, to settle the case for such a low settlement amount for an elevator accident lawsuits, the plaintiffs’ lawyers did not strongly believe in their case.
• $23,600 Verdict (Florida 2023): The plaintiff claimed to suffer injuries including facial lacerations when the elevator she was using, located in her apartment building jolted a few times, causing the metal ceiling to collapse on top of her. The plaintiff contended that the defendant was negligent in failing to properly maintain the subject elevator, failing to place the elevator out of order, and failing to warn residents that the elevator was broken, resulting in her serious injuries.
• $25,000 Settlement (Wisconsin 2022): The plaintiff was using an elevator when it allegedly malfunctioned causing the elevator to suddenly drop seven floors. The plaintiff claimed that she suffered injuries as a result and sued the building owner and elevator maintenance company.
• $1,277,733 Verdict (Maryland 2022): The plaintiff tripped and fell while exiting an elevator that failed to level properly at a parking garage suffering knee injuries which required extensive surgery. The plaintiff claimed another garage customer had tripped and fell exiting the same elevator prior to her incident. She asserted the defendants failed at that time to immediately shut down the elevator or prevent it from being used.

Contact Our Law Firm If You Believe You Have a Elevator Accident Lawsuit

If you or someone you love has suffered a catastrophic injury or death as the result of the use of a elevator you believe may have been defective, call our elevator accident product liability lawyer at 800-553-8082 or get a free consultation online. We are based in Maryland, but our lawyers accept serious accident elevator cases around the country.