If you were injured due to an elevator malfunction in California, you may have a viable personal injury claim under premises liability or even product liability law, depending on the circumstances. Elevators are considered “common carriers” under California law, which means property owners and elevator maintenance companies are held to a high standard of care when it comes to keeping them safe.
🛗 What Is an Elevator Malfunction?
Elevator-related injuries can occur due to various types of malfunctions, including:
- Sudden drops or stops
- Misalignment with the floor (also known as elevator misleveling)
- Doors closing unexpectedly or too forcefully
- Free falls
- Electrical malfunctions
- Trapped passengers due to elevator stalling
These malfunctions can lead to injuries such as:
- Broken bones
- Head, neck, or back injuries
- Crush injuries
- Lacerations
- Psychological trauma (e.g., anxiety, PTSD)
🧑⚖️ Who Can Be Held Liable?
Liability in California elevator injury cases may fall on one or more of the following parties:
1. Property Owners and Managers
They are responsible for the regular inspection, maintenance, and repair of elevators. Failure to keep the elevator in a safe condition may result in premises liability.
2. Elevator Maintenance Companies
If a third-party company was contracted to maintain the elevator and failed to service it properly (e.g., ignored known defects or skipped routine inspections), they could be held liable for negligent maintenance.
3. Manufacturers and Installers
If the malfunction resulted from a design flaw or manufacturing defect, the elevator’s manufacturer or installer may be liable under product liability law.
🧩 Proving Negligence in an Elevator Injury Case
To win your case, you’ll generally need to prove the following:
- Duty of Care: The property owner, maintenance company, or manufacturer had a duty to keep the elevator reasonably safe.
- Breach of Duty: They failed to fulfill that duty (e.g., didn’t fix a known issue, installed the elevator improperly, or skipped inspections).
- Causation: That failure directly caused the elevator malfunction and your injury.
- Damages: You suffered actual harm (medical costs, emotional distress, lost wages, etc.).
📁 Important Evidence in Elevator Injury Cases
To support your claim, the following evidence may be helpful:
- Surveillance footage (showing the malfunction or injury)
- Maintenance records (proof of negligence or skipped inspections)
- Inspection reports (from regulatory agencies like the California Department of Industrial Relations)
- Witness statements
- Photos or video of the scene and injuries
- Medical records documenting your injuries
💰 What Compensation Can You Recover?
If your claim is successful, you may be entitled to:
✅ Economic Damages:
- Medical bills (past and future)
- Rehabilitation or physical therapy
- Lost income and earning capacity
- Out-of-pocket costs (transportation, home modifications, etc.)
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
👨⚖️ Should You Hire a Lawyer?
Absolutely. Elevator injury cases often involve complex liability issues and multiple parties (e.g., property owners, maintenance contractors, manufacturers). A skilled personal injury attorney can:
- Investigate the cause of the malfunction
- Gather and preserve key evidence
- Identify all liable parties
- Deal with insurance companies and legal filings
- Take your case to trial if necessary
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].