If you or a loved one was injured or killed in an elevator accident in California, you might be eligible to file a lawsuit and pursue financial compensation with the help of our experienced elevator accident attorneys.
Elevator accident cases may arise when defective components, unsafe property conditions or negligent maintenance cause riders to be injured.
Elevator Injury Lawsuits in California: Key Takeaways
- Elevator and escalator accidents kill around 30 people and seriously injure around 17,000 people every year in the United States.
- When elevator accidents occur, building owners, property managers and elevator maintenance companies could all be held liable, depending on the circumstances.
- Common causes of severe injuries include elevators that are not properly maintained, faulty elevator door sensors, sudden drops and elevator shaft misleveling.
- Personal injuries in elevator accidents can range from minor injuries to catastrophic injuries, and can include crush injuries, fractures, traumatic brain injuries and wrongful death.
- Elevator accident victims may qualify for compensation for things like medical bills, lost wages, pain, suffering, wrongful death and more.
Why Elevator Accident Victims Choose Our Injury Lawyers
- A lot of elevator accident law firms accept all the cases they can without caring if they have the staff to handle all of them. However, our responsive legal team is fully staffed so we can provide our clients with 24/7 availability, reliable communication and frequent case updates.
- We have been trusted since 1990 to represent elevator accident victims and other injury victims.
- Our team provides free consultations to elevator accident victims and will charge you no legal fee until we win your case, since our only attorney fee is a percentage of any compensation we recover for you.
- Our high-stakes litigation team has the experience needed to handle large elevator accident cases and the comprehensive resources to fight against any defendant for you.
- While many elevator accident firms are willing to settle cheaply for a quick buck, our trial-ready representation is ready and willing to fight for you in court when a fair settlement can’t be agreed upon out of court.
- We and our legal teams have recovered over $750 million for elevator accident victims and other injury victims.
Note: Past results do not guarantee future outcomes. Each case is unique and results depend on its specific facts.
Call our experienced premises liability lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an elevator accident in California.
Table of Contents
- Elevator Accident Statistics
- Who Qualifies for an Elevator Injury Lawsuit?
- What Causes Elevator Accidents in California?
- Common Elevator Accident Injuries
- Who Is Liable for an Elevator Accident?
- California Elevator Safety Regulations
- How Much Is an Elevator Accident Settlement Worth?
- Elevator Injury Lawsuit Deadlines in California
- When to Contact an Elevator Injury Attorney
- Frequently Asked Questions
Elevator Accident Statistics
About 17,000 people are injured in elevators and escalators each year, and around 30 deaths happen due to elevator and escalator accidents every year in the United States, according to the CDC.
Elevators are responsible for 90 percent of deaths and 60 percent of serious injuries from elevators and escalators, according to the Center for Construction Research and Training.
Construction workers face especially high risks. 145 construction workers died from elevator-related injuries between 2011 and 2016, according to the CPWR. This accounts for over half of elevator-related workplace deaths across all industries.
Falls are a leading cause of fatal elevator accidents. 53.5 percent of elevator-related fatalities in construction were caused by falls to a lower level. Nearly half of those fatal falls were from 30 feet up or more.
Who Qualifies for an Elevator Injury Lawsuit?
Anyone in California with injuries caused by a malfunctioning, poorly maintained, negligently operated, defectively designed or unsafe elevator may qualify to file a lawsuit seeking compensation for medical expenses, lost wages, pain, suffering and more.
Examples of people who may qualify to file a lawsuit include:
- Tenants who are injured because of the negligence of building owners who ignore known maintenance issues
- Hotel guests or shoppers who are injured in commercial or retail elevators
- Hospital patients or visitors who are injured in hospital elevators
- Workers who are injured while servicing, repairing or working near elevator shafts
- Family members of people killed in elevator accidents, as they may qualify to file a wrongful death lawsuit
What Causes Elevator Accidents in California?
Common causes of elevator accidents in California include:
- Poor maintenance, like skipped or deferred maintenance on cables, brakes and door mechanisms, is a major cause of elevator accidents.
- Elevators can malfunction when they are overloaded and exceed their rated capacity.
- Elevators need to go through inspections regularly to ensure safety. Accidents can occur when they do not.
- Defectively designed elevators can cause accidents.
- Faulty door sensors may fail to detect passengers or objects.
- Hydraulic or cable failures can lead to sudden drops or free falls.
- Accidents can happen due to misleveling, where the elevator car stops below or above the floor line.
- Erratic movement can be caused by electrical or control panel malfunctions.
- Accidents can occur because of negligent repairs performed by undertrained or unlicensed technicians.
Common Elevator Accident Injuries
Common elevator accident injuries include:
- Crush injuries to hands, feet or limbs that get caught in doors or in between the car and the shaft
- Traumatic brain injuries from falls or sudden drops
- Spinal cord injuries and paralysis
- Fractures and broken bones from sudden stops or misleveling
- Amputations and lacerations from entrapment in moving parts
- Wrongful death from entrapment or shaft falls
- Long-term consequences like emotional distress
Who Is Liable for an Elevator Accident?
Elevator cases commonly involve numerous potentially liable parties, which can include property owners, building managers, elevator maintenance companies and elevator manufacturers, depending on the cause of the accident.
Property owners can be held liable under premises liability law when they fail to fix hazards that they know or should know about. California law treats elevators as common carriers. This means property owners need to use the highest possible degree of vigilance and care to keep passengers safe.
Elevator manufacturers can be held liable under product liability law when elevators malfunction due to design defects or manufacturing defects.
Maintenance and repair companies can be held liable for negligence when required repairs or inspections are skipped or performed improperly. Proving negligence is vital in these elevator accident claims.
Numerous parties can share liability in the same case. This can include property management companies and elevator service vendors.
Proper documentation following an elevator accident can strengthen your legal claim. Attorneys need to collect evidence including maintenance records and inspection reports.
California Elevator Safety Regulations
California elevators are regulated under the Elevator Safety Orders in Title 8 of the California Code of Regulations. These orders set safety requirements for the installation, inspection, operation and permitting of elevators.
Elevators may not be operated without valid, current permits.
Building owners must post valid permits conspicuously in elevator cars.
Failure to obtain required permits or complete required inspections may serve as evidence of negligence and, in some circumstances, may support a negligence-per-se claim.
How Much Is an Elevator Accident Settlement Worth?
The value of an elevator accident settlement will depend on factors such as injury severity, documentation strength, and what parties are responsible.
Cases involving minor injuries may be worth tens of thousands of dollars. Cases involving permanent disability or wrongful death may be worth well over one million dollars. Results are not guaranteed, however. No two cases are identical. Case value depends on documentation and circumstances.
Our law firm may be able to help you seek financial compensation for:
Medical Bills
Past and future medical expenses related to your elevator accident injuries, including compensation for the cost of ER visits, hospital stays, doctor visits, surgeries, medications, medical testing, medical treatments, rehabilitation, physical therapy and more.
Lost Wages
Wages you’re unable to earn because of being hurt too badly to work or because of having to miss work to attend medical appointments.
Loss of Earning Capacity
Loss or reduction of earning capacity resulting from a disability caused by an elevator accident.
Pain and Suffering
Physical pain, mental suffering, emotional distress and lost quality of life related to an elevator accident.
Wrongful Death
Our attorneys can help families file wrongful death lawsuits over fatal elevator accidents.
You may qualify for compensation for:
- Funeral and burial costs
- Medical costs incurred by your loved one before they passed
- Pain and suffering endured by your loved one before they passed
- The loss of your loved one’s income, companionship, love, spousal benefits and household services
Elevator Injury Lawsuit Deadlines in California
California’s statute of limitations regarding elevator accidents is, in most cases, two years from the date of injury. Failure to file a lawsuit within this time frame can forever bar you from recovering compensation for your injuries.
However, there are important exceptions to this two-year time limit. Some shorten the time limit while others lengthen it. For example, claims against government entities must be filed within six months.
Most wrongful death claims must be filed within two years of the date of death.
It’s best to call a lawyer today for a free consultation if you or a loved one was injured or killed in an elevator accident so evidence can be preserved, your lawyer can have as much time as possible to build a strong case for you, and all paperwork can comfortably be filed in time in order to preserve your legal rights.
When to Contact an Elevator Injury Attorney
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one has been injured or killed in an elevator accident in California.
We can help you collect evidence and identify all liable parties.
Our legal team has access to experts, like engineers, whose testimony can strengthen your case.
We have been representing elevator injury victims for over 35 years, our legal representation can help you seek fair compensation for your injuries, and we work on a contingency fee basis.
Call us today.
Frequently Asked Questions
Can I Sue if I Was Injured in an Elevator at Work?
Whether you can bring a civil lawsuit generally depends on whether someone other than your employer caused the accident.
Typically, when you are injured at work, you need to file a workers’ compensation claim.
However, if an outside third party, like an elevator maintenance company, is at fault, you could be eligible to file a lawsuit which is completely separate from any workers’ compensation claim.
Can You Sue for an Elevator Malfunction?
Yes. You can sue over an elevator malfunction if it caused you to be injured or suffer financial losses.
You will need to be able to show that:
- Building owners or maintenance companies failed to keep the elevator safe, or;
- A design defect or manufacturing defect in the elevator or part of the elevator caused you to be injured
Can I Get Compensation for Being Stuck in an Elevator?
If you have been trapped in an elevator, your ability to recover compensation will depend on the incident duration and if you suffered physical injury or severe emotional distress such as PTSD or panic attacks.
What Should I Do Immediately After an Elevator Accident?
If you are involved in an elevator accident, you should:
1. Ensure Immediate Safety and Call for Help
- Try to remain calm and breathe slowly while waiting for assistance.
- Remain inside the elevator car. Don’t try to pry the doors open, climb out or exit between floors unless emergency personnel tell you to.
- Alert the authorities. Press the internal alarm or emergency phone button, or call 911 with your smartphone.
2. Seek Immediate Medical Attention
It is critical to receive prompt medical attention after your elevator accident. See a doctor immediately, even if it seems like you haven’t been injured that badly or at all. Many injuries don’t become apparent for weeks or months. A failure to have your injuries promptly documented by a professional can severely jeopardize your ability to recover compensation for your injuries. A prompt medical evaluation can legally link your injuries directly with an elevator malfunction.
3. Document the Scene and Collect Evidence
- Take pictures and videos. Capture the elevator interior, broken parts, misaligned leveling and your injuries.
- Collect witness details. Write down the contact information and names of anyone inside the elevator or anyone waiting outside.
- Write down details. Document how you recall the event, including the elevator number, time and how things felt.
4. Formally Report the Incident
- Notify management. Tell the property owner, hotel manager or building supervisor about the accident immediately.
- Request an incident report. Insist that the building staff file an official accident report.
- Secure a physical copy of the accident report for your records.
5. Protect Your Legal Rights
- Watch your words. Don’t apologize, admit fault or downplay your injuries to anyone at the scene, especially building staff.
- Refuse to make early statements. Politely decline to give recorded statements to anyone, especially the building’s insurance adjusters.
- Preserve physical evidence. Keep any clothing and footwear you wore during the accident, unwashed.
- Consult with a lawyer. Speak to an experienced personal injury lawyer before you give any recorded statements or sign any waivers or settlements.
Do Older Buildings Have Different Elevator Safety Requirements?
Yes. Older buildings have different elevator safety requirements.
New buildings must follow the latest construction codes. However, older elevators are typically “grandfathered” in using a set of rules called the ASME A17.3 Safety Code for Existing Elevators.
However, elevators must be brought up to current modern codes when major updates are made.
