H Law GroupPersonal Injury

Premises and Injury

Every elevator and escalator carries a maintenance file that explains the injury

These are among the most heavily regulated machines the public uses daily, which means the record of what went wrong almost always exists.

About elevator and escalator accidents claims

Elevators and escalators are inspected and permitted under California occupational safety regulation, and they are serviced under maintenance contracts that specify intervals and tasks. That paper trail is the case. The recurring failures are misleveling that creates a trip hazard at the sill, doors that close on passengers because the detector edge or photo eye was defective or disabled, sudden drops and overspeed from brake or governor failure, entrapment between floors with a delayed rescue, and on escalators, missing or loose comb plates and step treads, gaps at the skirt panel, handrail failure and emergency stops that were unreachable or inoperative.

Responsibility is typically shared between the property and the service company. A building owner and its management company owe a duty to keep the equipment reasonably safe and to respond to known problems. The maintenance contractor owes duties defined by its contract and by the applicable safety standards, and the manufacturer or modernization contractor may be responsible where a component or a control system was defective. Where the equipment is in a public building, a public entity claim with its six-month administrative deadline may apply.

The single most useful step is an early demand for the equipment file. State inspection certificates and violation history, the maintenance contract, service tickets and callback logs, and prior complaints at that specific unit establish notice with unusual clarity. Callback logs in particular often show the same fault reported repeatedly before the injury. Video from the lobby or the cab and the state of the equipment itself should be preserved before any repair or modernization removes the evidence.

Common injuries

Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.

  • Fractures and head injury from tripping at a misleveled sill
  • Crush and shoulder injury from doors closing on a passenger
  • Spinal and lower extremity injury from a sudden drop or hard stop
  • Degloving, amputation and finger loss in escalator entrapment
  • Falls down an escalator resulting in multiple trauma
  • Wrongful death from free fall, shaft falls and severe entrapment

Who can be held liable

Responsibility often extends well beyond the most obvious company. We look at every party in the chain.

  • The building owner responsible for the equipment
  • The property management company operating the building
  • The elevator or escalator maintenance and service contractor
  • The manufacturer or modernization contractor for a defective component
  • A public entity where the equipment is in a public building

Evidence that matters

What we work to preserve and obtain early, because this proof tends to disappear with time.

  • State inspection certificates, permits and violation history for the unit
  • The maintenance contract, service tickets and callback logs
  • Prior complaints and incident reports for the same equipment
  • Preservation of the equipment condition and controller data before repair
  • Lobby and cab video, plus photographs and measurements of the misleveling or gap

Do not wait on the deadline

California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.

Answers

Elevator and Escalator Accidents: common questions

No. An inspection is a snapshot on a single date, and a current certificate does not establish that the equipment was properly maintained on the day you were hurt. Callback logs and service tickets frequently show repeated faults reported between inspections and never corrected.

Injured by elevators & escalators? Let us review it at no cost.

A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

What compensation may be available

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