Elevators are used every day in apartment buildings, offices, hotels, hospitals, and shopping centers throughout New Jersey. Although most rides are uneventful, an elevator malfunction can cause serious injuries, including fractures, head injuries, back injuries, and falls.
When an elevator accident occurs, determining who is responsible often requires looking at who owned, maintained, repaired, installed, or manufactured the equipment.
Building Owners and Property Managers
Property owners and managers generally have a duty to take reasonable steps to keep areas used by visitors, tenants, and customers reasonably safe. In New Jersey, elevator equipment is also subject to inspection, testing, and maintenance requirements.
An owner or property manager may face liability if an accident is connected to a dangerous condition that should have been discovered or corrected, such as door problems, leveling issues, unusual movements, or a known maintenance problem.
Elevator Maintenance and Repair Companies
Many building owners hire outside companies to inspect, service, and repair elevators. A maintenance contractor may be responsible when negligent inspection, maintenance, or repair contributes to an accident.
Maintenance records can be important evidence because they may reveal prior complaints, recurring defects, missed service, or recent repairs.
Manufacturers and Installers
Some elevator accidents may involve defective equipment rather than poor maintenance. A manufacturer, seller, or installer could potentially be liable when an unsafe design, manufacturing defect, inadequate warning, or improper installation contributes to an injury.
New Jersey product liability law permits claims involving products that were not reasonably safe because of certain design, manufacturing, or warning defects.
Can More Than One Party Be Responsible?
Yes. Elevator accident cases may involve several parties. For example, a building owner may have ignored complaints while a maintenance company failed to properly repair the problem. Determining responsibility may require reviewing service contracts, inspection reports, maintenance records, surveillance footage, witness statements, and the elevator’s history.
If the elevator is located on government property, additional rules may apply. Claims against New Jersey public entities can involve special notice requirements and shorter deadlines than ordinary injury cases.
What Should You Do After an Elevator Accident?
Report the incident to building management and seek medical attention. If possible, photograph the elevator, doors, floor level, warning signs, and surrounding area. Obtain witness information and keep copies of medical records and accident-related documents.
Preserving maintenance and inspection records can also be important.
Elevator injury cases can be technically complex because responsibility may be divided among several parties. A New Jersey premises liability attorney can investigate the accident, identify potentially responsible parties, preserve evidence, and determine what compensation may be available.