Who is Liabile in an Elevator Accident Case?

If you've been injured in an elevator accident, who could you possibly sue? Fortunately, there are several different parties who may be liable; since the more defendants there are, the greater the chance that SOMEONE will have money or insurance, this increases the odds of receiving compensation.

Basics of Liability

Liability, or the legal obligation to pay, depends on fault. Fault most commonly depends on negligence, or unreasonable carelessness, though it can also come from deliberate bad acts (e.g. assault or fraud); in some case, such as product liability, it is often imposed as "strict liability," which means that it's enough that the injury happened and is traceable to the product.

Also, there must be some duty or obligation to take care; without a duty or obligation, there is no liability, which is why, for example, I am not liable if you injure yourself on a broken stair in your own home--I have no connection to your home, or any duty or obligation concerning its maintenance. However, there are a number of parties who have a connection with an elevator, and therefore a duty to keep it safe for passengers, such as:

Property Owner

The owner of property is responsible for what goes on there, including making sure that the property is safe for anyone allowed or invited to come onto it.

Property Manager

If the property owner hire someone to manage the property--including taking care of maintenance--the property manager may be liable, too.

Elevator Repair Company

If repairs were performed badly on the elevator, or if there is a maintenance contract and the repair company did not honor it and maintain the elevator properly, the repair business may be liable as well.

Elevator Manufacturer

If the problem was some sort of design or manufacturing defect, the company which made the elevator may be liable.

How an Attorney Can Help

A lawyer can help you determine who all the potential liable parties are, as well as help you understand what compensation you may be entitled to.

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