Elevators and escalators provide convenient transportation within buildings, but they also pose risks if not properly maintained or used incorrectly. Injuries from elevators and escalators in Washington State are unfortunately common occurrences. When someone is injured by an elevator or escalator, determining liability can be complicated. This article will examine some of the causes of elevator and escalator injuries in Washington and look at who may be legally responsible.
Common Causes of Elevator and Escalator Injuries
There are several ways a person can get injured on an elevator or escalator:
Mechanical Failures
Elevator and escalator mechanics are complex systems that require regular maintenance and inspections. If a part breaks or malfunctions, it can lead to injuries. Common mechanical issues include:
- Broken doors that do not open or close properly. This can cause people to trip or get struck by the doors.
- Malfunctioning leveling systems, causing uneven floors between the elevator and landing. Stepping into these gaps can lead to twisted ankles or falls.
- Sudden stops or uncontrolled movements that can cause people to lose balance and fall or collide with the elevator interior.
- Steps on escalators collapsing or becoming misaligned. This creates unsafe gaps people can trip on.
- Problems with speed regulators leading to sudden accelerations or decelerations.
Improper Use
Injuries often occur when people do not use elevators and escalators as intended. Some improper uses that frequently lead to injuries include:
- Attempting to step on or off a moving escalator. This can lead to falls onto the escalator itself or to the floor below.
- Forcing elevator doors open instead of waiting for them to fully open. Doors can strike people trying to squeeze through narrow openings.
- Overcrowding an elevator beyond its weight limit. Too many occupants makes elevators prone to sudden drops and mechanical failures.
- Children playing on escalators and getting caught in gaps between steps or balustrades. This can lead to severe crushing injuries.
- Impatient riders trying to hop up escalators that are moving down or down ones moving up. Resulting slips and falls are common.
- Carrying large items onto escalators that can get caught and pull people off balance.
Lack of Maintenance
Insufficient maintenance and cleaning can cause unsafe conditions. Problems like worn escalator treads, unresponsive buttons, accumulated dirt and grease, and more can increase risks. Specific issues include:
- Worn treads on escalator steps that become smooth and prone to slips and falls.
- Accumulated grease and dirt inside escalator mechanisms can cause jerky, uneven motion.
- Unresponsive elevator control buttons that delay movement and lead to impatience.
- Trash or debris accumulation that can get caught in moving parts and jam them.
Negligent Operators
Unsafe operation by building staff also causes injuries. Operators may prematurely start escalators with riders still on them, move elevators erratically, forget to level properly, and make other mistakes leading to falls or collisions. Examples include:
- Starting escalators before checking that steps are clear of objects like dropped bags.
- Failing to properly line up elevator cars with floors, creating tripping hazards.
- Allowing overcrowded elevators to operate, exceeding safe weight limits.
- Operating elevators with broken or malfunctioning doors that do not open and close smoothly.
- Distracted operators moving elevators and escalators in erratic starts and stops.
Who is Responsible for Elevator and Escalator Injuries?
When injuries occur, liability often falls into a gray area between different parties involved in the ownership, maintenance, and operation of the equipment. Potential responsible parties can include:
Property Owners and Management Companies
Building owners and property management companies have a duty to keep elevators and escalators properly maintained and in safe operating condition. If they fail to have appropriate maintenance and inspections done regularly, they may share liability for injuries.
Specific duties of owners include:
- Contracting qualified elevator and escalator maintenance companies.
- Ensuring maintenance, repairs, and inspections happen on schedule.
- Promptly addressing any known malfunctions or risks.
- Hiring competent operators and providing adequate training.
Maintenance Companies
Specialized companies contracted to maintain, repair, and inspect elevators and escalators can also be liable if their negligence leads to unsafe conditions. Common claims against maintenance companies include:
- Failure to properly diagnose or fix known mechanical problems.
- Not identifying worn parts in need of replacement during routine inspections.
- Failing to lubricate, adjust, or clean parts according to maintenance manuals.
- Using inferior replacement parts prone to premature failure.
- Neglecting to perform state-mandated annual safety inspections.
Manufacturers and Installers
In some cases, injuries are due to dangerous design flaws or installation mistakes. Product liability claims can sometimes be brought against manufacturers and installers if defective equipment leads to injuries. Potential issues include:
- Design flaws that make doors prone to trapping occupants.
- Undersized elevator guide rails unable to withstand vibrations and jumping.
- Inadequate escalator step locking mechanisms.
- Improperly calibrated speed control devices.
- Incorrect installation alignment causing uneven elevator landings.
Elevator and Escalator Operators
The people actually operating elevators and escalators, like building staff, have a responsibility to use reasonable care in operating the equipment safely. Reckless or negligent operation could make the operator liable. Specific operator errors can include:
- Being distracted or inattentive when moving equipment.
- Failing to monitor occupant weights and stop overcrowding.
- Not checking that landing areas and escalator steps are clear before moving.
- Skipping safety steps like door functioning tests before operating elevators.
Injured Person
In certain situations, the injured person may also share some comparative fault for their injuries, reducing potential damages claims. Actions like trying to squeeze through closing doors or not paying attention when stepping onto an escalator can contribute to injuries. But the elevator and escalator companies still have a duty to avoid foreseeable misuse.
Damages in Elevator and Escalator Injury Claims
People injured by negligent maintenance or operation of elevators and escalators can recover compensation through personal injury claims or lawsuits. Some common damages available include:
- Medical expenses from injuries sustained, including ambulance transport, ER treatment, surgery, hospitalization, physical therapy, and more. These costs can total tens or hundreds of thousands of dollars.
- Lost income due to missing work during recovery. These losses can be substantial if injuries cause extended absences.
- Pain and suffering damages compensate for physical pain from the injury itself and emotional distress following the incident.
- Permanent disability if the injury causes long-term effects like mobility limitations, disfigurement, or chronic pain. The impacts on life quality warrant higher damages.
- Loss of enjoyment of life if activities or hobbies cannot be performed after injury-related permanent impairments.
- Punitive damages in rare cases where conduct was extremely reckless or intentional.
Pursuing fair compensation often requires extensive investigation into precisely how and why the incident occurred. An experienced personal injury attorney can help identify all liable parties and maximize damages.
Protect Your Rights After an Elevator or Escalator Injury
Suffering an injury in an elevator or escalator can be a terrifying and frustrating ordeal. Far too many of these accidents occur due to preventable circumstances. If you or a loved one has been hurt by an elevator or escalator in Washington, contact the seasoned injury attorneys at Monge & Associates for a free consultation. With 32 offices in 19 states, including Washington, Georgia, and Utah, we have the resources and experience to handle injury claims and get you the maximum compensation you deserve. Call us today at (888) 477-0597 to find out how we can help.