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Overview : Elevator

Topics Covered

What If You Are Injured? Who Is Responsible?
Examples: Reported Cases
Laws and Regulations

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What If You Are Injured? Who Is Responsible?

There are very few of us who do not feel the pang of fear in the pit of our stomach when the elevator we are riding stops and starts unexpectedly. Many of us have experienced the discomfort of being held captive in a stalled elevator or tripping over a misleveled elevator floor. What remedy do you have if you are injured? Under what circumstances is the owner responsible?

Generally speaking, the person who maintains or controls the elevator is responsible if the injuries arise by reason of its negligent maintenance. Thus, an elevator maintenance company hired by the landlord/owner to service the elevator may be responsible if the service work was performed in such a negligent manner so as to have caused or contributed to the happening of the accident.

New York State law imposes on the owner or operator of an elevator the duty to exercise reasonable care in the operation and maintenance of an elevator. In other words, the owner of an elevator, usually a landlord, must use reasonable care and provide passengers with a safe, injury free ride. Under the law, care is owed to those who use an elevator, as long as the landlord can reasonably provide for their safety. The law imposes legal responsibility on the part of the owner/landlord or elevator service company because they are in control and must exercise reasonable care so as to prevent injury to those persons using them.

Examples: Reported Cases

In one reported case, a boy entered the basement of a building and attempted to enter an elevator by trying to step into an elevator which was about 16 inches above the shaft door. As he stepped in, the shaft door closed, throwing him against the elevator door. At the same time, someone on the floor above pushed the button and the elevator car started up, causing injury to the child. The court decided that it was not reasonable for the boy to foresee the hazard of the misleveled elevator and awarded him damages for his injuries. The basis for the Court's award was a finding that the elevator owner/operator was negligent in the maintenance and proper operation of the elevator. The opening of the elevator door was considered an invitation to enter regardless of the actual position of the car.

The falling elevator can be a most terrifying experience and can cause very severe injuries. Under most circumstances, the Courts will find the owner/operator and service company responsible by reason of their improper maintenance.

Another common elevator accident occurs when a passenger gets caught in a closing elevator door. In the typical case, a passenger enters an elevator and the door suddenly closes on the passenger's arms or legs, causing severe injuries. The law requires that reasonable care be exercised in the maintenance and design of an elevator so that it will not cause injury by closing on passengers.

Laws and Regulations

Many laws and regulations govern the operation of passenger elevators, creating specific obligations on the part of building owners to protect the public from injury.

The Labor Law imposes restrictions on elevators used in factories. For example, the law provides that lighting shall be provided during working hours in all elevator cars and entrances. In addition, the Labor law requires that in all factory buildings every elevator opening shall be guarded, equipped, maintained and operated as to be safe for all persons. The protections of the law extend to all, including visitors to the factory.

The Multiple Dwelling Law of the State of New York and the Administrative Code of the City of New York provide that landlords of apartment buildings are responsible to maintain their buildings in a safe condition and make all necessary repairs. The failure to abide by these laws can create legal responsibility. These protections extend to all tenants, as well as their guests. It is to be noted that most responsible landlords and legitimate elevator service companies operating in the City of New York carry Insurance coverage for losses and claims arising out of the use of elevators. In the event that the landlord is held responsible, it is the Insurance Company who will pay the loss.

If you are injured in an elevator, at your apartment house or at work, you may be entitled to receive compensation.

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