When Can I Sue After an Elevator Accident in Georgia?
Elevator accidents are relatively uncommon, but when something goes wrong, the injuries can be devastating. A sudden drop, malfunctioning door, misleveled elevator, or fall into an elevator shaft can cause broken bones, head and brain injuries, spinal cord damage, crush injuries, and even death.
Determining why an elevator malfunctioned—and who is responsible—isn’t always straightforward. Depending on what happened, an accident may involve the building owner, property manager, elevator maintenance company, manufacturer, installer, or another party responsible for keeping the elevator safe.
If you or a loved one has suffered catastrophic injuries or wrongful death in an elevator accident in Georgia, contact the experienced Peachtree Corners personal injury attorneys at McGahren Law for a free consultation.
We know these cases require more than simply showing that an elevator malfunctioned. Our team works to preserve critical evidence, determine what went wrong, and identify all the people and companies that may be responsible.
How common are elevator injuries in the U.S.?
According to a report provided by the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, incidents involving elevators and escalators kill about 31 and seriously injure about 17,000 people each year in the United States. Elevators cause almost 90% of those deaths and 60% of those serious injuries.
Injuries to people working on or near elevators—including those installing, repairing, and maintaining elevators, and working in or near elevator shafts—account for half of the annual deaths. And 56% of all deaths by elevator workers are due to falls while working in and around the elevator shafts.
The other predominant incidents are due to workers caught in or between moving parts of elevators, are in relation to elevators or platforms that collapse, or are struck by elevators or counterweights.
Each year, there are more tall buildings that require more elevator construction and more people who need to use them. For the time being, we can expect the number of incidents to rise.
What are the most common causes of elevator accidents due to negligence?
Elevators have multiple safety systems designed to prevent a single malfunction from turning into a serious accident. When someone is injured, determining what failed—and why—is essential to establishing negligence.
Some of the problems we often uncover in an elevator injury investigation include:
- Misleveling. An elevator may stop above or below the landing rather than flush with the floor, creating a dangerous trip-and-fall hazard. Problems with leveling equipment, sensors, controls, or maintenance can contribute to these incidents.
- Door and sensor failures. Elevator doors should detect passengers entering or exiting and remain open when necessary. Faulty sensors, closing mechanisms, or adjustments can cause doors to strike or trap passengers.
- Failure to correct recurring problems. An elevator that repeatedly jerks, mislevels, gets stuck, or has door problems should provide warning that something is wrong. Continuing to operate it without adequately diagnosing and repairing the problem can allow a known hazard to become more dangerous.
- Sudden drops. Elevators contain braking and safety systems intended to control the car’s movement. A significant unexpected descent may point to problems that require a detailed examination of the equipment, maintenance history, and prior repairs.
- Unsafe elevator shafts and work areas. Open or inadequately secured shafts can lead to catastrophic falls, while workers repairing or maintaining elevators can be exposed to moving cars, counterweights, and other machinery.
- Unexpected movement. Problems with door interlocks, brakes, controls, or other components can allow the car to move when passengers are entering or exiting, leading to injuries.
Keep in mind that the cause of an elevator accident isn’t always obvious. What initially appears to be a mechanical failure may ultimately involve inadequate maintenance, a faulty repair, a defective component, or a known problem that should have been addressed.
In the News
Safety violations discovered after Atlanta teen dies in elevator accident
In August 2021, 18-year-old Jaumarcus McFarland died after an elevator accident at an Atlanta apartment building on Highland Avenue. According to a report by 11ALIVE.com, McFarland became trapped between floors as he was attempting to exit the elevator.
The building’s property manager initially said the elevator had been overloaded. However, investigators later found that the elevator was overdue for inspection, with its inspection certificate having expired about a year earlier. A previous inspection had also identified a missing safety device, although reports did not establish that the issue caused McFarland’s death.
The state investigation subsequently uncovered additional elevator safety violations at the building, including problems with another elevator and repair work reportedly performed by people who were not properly licensed. State officials ultimately imposed fines against the complex.
Who’s at fault when an elevator causes injury or death?
To belabor the obvious, an elevator is part of a process to move a person up and down in a building. It is a complex system that must orchestrate doors and lifts to stop and open at the right place at the right time.
Failure at any point of the inner and outer door timing, the placement of the lift, or the fast-moving mechanism to lift this heavy conveyance can result in injury.
An elevator is also part of the maintenance of the building it is in. So, it has aspects of a product, company policies, and real estate property. Equipment failure or human error can lead to an injury, or the injury could be out of anyone’s control.
The challenge to the courts and attorneys is to interpret the circumstances and provide the most sensible legal theory of responsibility.
What evidence is needed to win an elevator accident lawsuit?
When investigating an elevator accident, you don’t just want to focus on what happened in the few seconds when someone was injured. It’s also important to understand what was happening with that elevator in the days, weeks, and months beforehand.
Had it been malfunctioning? Had anyone complained? When was it last inspected? What repairs were made? And who was responsible for making sure those repairs were done correctly?
Some evidence may come directly from you, including photos or videos taken after the accident, the clothes and shoes you were wearing, contact information for witnesses, medical records, and anything you remember about how the elevator was behaving.
But much of the evidence needed to answer those larger questions may be in the hands of the building owner, property manager, elevator company, or other businesses involved.
At McGahren Law, we work to obtain evidence such as:
- Elevator inspection reports and certificates
- Maintenance and repair histories
- Service calls, work orders, and technician notes
- Contracts showing who was responsible for inspecting, servicing, or repairing the elevator
- Building maintenance and incident reports
- Records of previous malfunctions, shutdowns, or passenger complaints
- Surveillance footage from inside or around the elevator
- Records of previous repairs and replacement parts
- Damaged or malfunctioning elevator components
When necessary, we also work with qualified elevator experts who can examine the equipment, maintenance history, repair records, and other technical evidence to determine what failed, whether the elevator was being properly maintained, and whether the accident could have been prevented.
Getting this evidence quickly also matters. An elevator may be repaired and returned to service, defective components may be replaced, surveillance footage may be overwritten, and records can become harder to obtain as time passes.
Our Peachtree Corners premises liability attorneys take steps early in the case to identify and preserve this evidence so we’re not left relying solely on the explanation provided by the companies responsible for the elevator.
FAQs about elevator accidents and lawsuits
You may have a claim if an elevator suddenly drops and you are injured as a result. You will still need to establish what caused the elevator to fall and whether negligence by the building owner, elevator maintenance company, manufacturer, or another party contributed to the malfunction.
If you weren’t injured, you likely would not be eligible to file a personal injury claim simply because the elevator malfunctioned and frightened you.
Possibly, but you will need to show that the elevator’s failure to stop level with the floor actually caused your fall and injuries.
Photos, surveillance footage, witness statements, maintenance records, and reports of previous misleveling problems can help distinguish a fall caused by a faulty elevator from one caused by something unrelated, such as a distraction, an untied shoe, a medical event, or another tripping hazard.
If you’re an employee injured while doing your job, workers’ comp benefits may be your primary source of compensation.
However, you may also have a separate personal injury claim if someone other than your employer—such as a property owner, elevator maintenance company, manufacturer, general contractor, or another subcontractor—was responsible for the accident.
Your options may also be different if you’re an independent contractor rather than an employee.
Because these cases can involve multiple parties and claims, it’s essential to work with an experienced personal injury lawyer in Peachtree Corners who can determine all potential sources of compensation and make sure you don’t overlook a claim outside of workers’ comp.
Injured by an elevator in Georgia? We can help.
If you are looking for an attorney to help you after an injury in an elevator, it’s crucial to hire someone with experience handling the specific elements required in elevator cases. Securing expert testimony and locking down necessary evidence is vital.
For more than 30 years, our local Peachtree Corners premises liability lawyers have represented people seriously injured by the negligence of businesses, property owners, and other responsible parties throughout Georgia.
We know how to take on complex cases involving multiple companies, technical evidence, and defendants who may point the finger at one another rather than accept responsibility.
If you or a loved one has suffered a serious injury or fatality in an elevator accident, contact McGahren Law today for a free consultation.
We’ll investigate what happened, determine who should be held accountable, and go further to pursue the compensation you deserve.
