Malfunctioning Elevators, Dangerous Escalators: How to Hold Property Owners Accountable

When you step into an elevator or ride an escalator at a mall, hotel, airport, condominium, or office building, you expect one thing — for it to work safely. These machines are supposed to be among the most reliable systems in any building. Yet elevator and escalator accidents happen far more often than most people realize, leaving victims with severe injuries, lifelong complications, and a pile of unexpected medical bills.

And here’s the part that surprises many people:

Most of these accidents aren’t random. They’re preventable — and often the result of poor maintenance, malfunction, or code violations.

In Florida, victims injured by elevators or escalators may have a strong premises liability claim against the property owner, management company, maintenance contractor, or equipment manufacturer. Let’s break down how these cases work, what causes these accidents, and what your legal rights look like if you’ve been hurt.

Why Elevator & Escalator Safety Matters More Than You Think

Millions of Floridians use elevators and escalators every single day — in hotels, theme parks, airports, medical buildings, shopping centers, and high-rise condos. With so many people relying on them, the stakes are high when something goes wrong.

Did You Know?

• Elevator and escalator accidents cause thousands of injuries every year.
• Around 30 deaths annually in the U.S. involve elevators alone.
• Most elevator injuries happen during maintenance failures, sudden drops, door malfunctions, or tripping hazards.
• Escalators cause roughly 10,000 injuries per year, including falls, entrapments, and clothing/snare accidents.

Despite the perception that elevators are “safe,” both elevators and escalators have complex mechanical and electrical systems that require regular inspections and strict adherence to safety codes.

Common Causes of Elevator Accidents

Elevator malfunctions can be terrifying — sudden drops, misaligned floors, uncontrolled movements, or doors that close unexpectedly. Many of these issues result from neglect or improper maintenance, making them strong candidates for premises liability claims. Major causes include:

• Poor or skipped maintenance
• Faulty electrical systems
• Door malfunctions (doors closing too fast or not detecting passengers)
• Misleveled elevators where the elevator doesn’t align with the floor
• Sudden drops or “free falls” due to motor or pulley problems
• Power failures causing abrupt stops
• Overloaded elevator cars

Example: A hotel guest steps out of an elevator, but the cab is several inches below the landing. They trip, fall forward, and sustain a broken wrist and back injury. If the building ignored maintenance or failed to fix known leveling issues, they may be liable.

Common Causes of Escalator Accidents

While escalators seem straightforward — just a moving staircase — the injuries they cause can be brutal. Loose clothing, children’s shoelaces, and even fingers can get caught in mechanical components. Common causes include:

• Broken or loose steps
• Missing or faulty teeth on the conveyor track
• Handrails that don’t move at the correct speed
• Sudden stops or reversals of direction
• Slippery or worn treads
• Entrapment hazards between steps and sides

Example: A shopper steps onto an escalator, and the handrail jerks backward unexpectedly. She loses balance, falls, and tumbles down several steps — suffering a concussion and multiple fractures.

Who Is Responsible? Understanding Premises Liability

In Florida, elevator and escalator accidents fall under premises liability law, which means property owners and operators must keep their premises reasonably safe. Because elevators and escalators are considered dangerous instrumentalities, owners owe a heightened duty to inspect and maintain them. Multiple parties may share liability:

1. Property Owners & Businesses: They must ensure:

• Routine maintenance
• Timely repairs
• Inspections by certified professionals
• Compliance with Florida building codes

If they fail, they’re responsible — even if they outsourced maintenance.

2. Maintenance Companies: Many buildings hire contractors like Otis, KONE, Schindler, or ThyssenKrupp.
If these companies do poor work, ignore warning signs, or falsify inspections, they may face significant liability.

3. Manufacturers: If a defect in design or product engineering caused the accident, you may have a product liability claim against the manufacturer.

4. Property Managers or HOAs: If they failed to oversee or approve critical repairs, they can also be held accountable.

Key Evidence in Elevator & Escalator Injury Cases

To win a premises liability claim, you must prove the responsible party was negligent. These cases often hinge on technical evidence, including:

• Maintenance logs
• Inspection reports
• History of complaints
• Surveillance footage
• Incident reports
• Expert evaluations of equipment
• Repair or service contracts
• Compliance (or non-compliance) with building and safety codes

This is why getting an experienced attorney involved early is so important — much of this evidence can “disappear” if not preserved immediately.

How an Attorney Builds a Strong Case

A skilled premises liability lawyer will:

• Send preservation letters to prevent destruction of evidence
• Obtain surveillance videos
• Review all maintenance, inspection, and repair records
• Consult mechanical and engineering experts
• Determine whether the machine violated Florida Building Code or ASME safety standards
• Identify every liable party (often more than one)
• Fight insurance companies that try to minimize or deny the claim

Elevator and escalator cases often involve multiple defendants, which can increase available compensation — but also complicates the case. Experienced legal guidance is essential.

Injuries Caused by Elevator & Escalator Accidents

These accidents often lead to severe and sometimes catastrophic injuries, including:

• Traumatic brain injuries
• Fractures and orthopedic injuries
• Back and spinal injuries
• Lacerations and crush injuries
• Entrapment injuries
• Foot, ankle, and knee injuries
• Internal injuries from falls
• PTSD and long-term anxiety (especially after sudden drops or entrapments)

Victims may face surgery, physical therapy, lost wages, long-term pain, and emotional trauma — all of which are compensable under Florida law.

What Compensation Can Victims Recover?

A successful claim may include compensation for:

• Medical expenses (current and future)
• Lost income
• Diminished earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Rehabilitation and long-term care
• Wrongful death damages (in fatal cases)

In cases involving gross negligence or code violations, punitive damages may also apply.

Final Thoughts: These Accidents Are Preventable — And Victims Deserve Justice

Elevator and escalator accidents are not freak accidents — they’re often the result of corners cut, inspections skipped, or safety ignored. Property owners, maintenance companies, and manufacturers have a duty to protect the public. When they fail, the consequences can be life-altering.

If you or a loved one has been injured in an elevator or escalator accident in Florida, you deserve answers — and full compensation for your injuries.

Injured on an Elevator or Escalator in Florida? Let Us Fight for You.

At DuFault Law, we know how complex elevator and escalator cases can be — and how hard insurance companies fight to avoid responsibility. We dig deep into maintenance logs, inspections, engineering reports, and building codes to uncover the truth and hold negligent parties accountable.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation