Source: Michael J Redenburg, Injury Lawyers, New York
In today’s urban environments—especially in densely packed cities like New York—elevators and escalators are more than conveniences; they’re lifelines. Whether in apartment buildings, shopping centers, or subway stations, vertical transportation systems move millions of people daily.
Yet despite their ubiquity, accidents involving elevators and escalators remain dangerously underreported and poorly understood by the public. When these systems fail, the consequences can be catastrophic—ranging from severe injuries to tragic fatalities.
Litigating these accidents presents unique challenges. Unlike typical personal injury cases, elevator and escalator lawsuits often require deep dives into building code violations, maintenance records, third-party contracts, and regulatory frameworks. For personal injury attorneys, understanding the landscape is critical—not just in NYC, but in any city where reliance on vertical transport is growing.
Common Causes of Elevator and Escalator Accidents
Elevator and escalator accidents typically stem from one of three sources: mechanical failure, improper maintenance, or design flaws. In a city like New York, where many buildings are decades old, the risk of malfunction due to outdated or poorly maintained equipment is especially high. However, accidents also occur in newer developments when safety protocols are overlooked or corners are cut.
Mechanical Malfunctions
Elevator accidents may involve sudden drops, misleveling (where the elevator doesn’t align with the floor), or faulty doors that close on passengers. Escalator issues often involve abrupt stops, entrapment of clothing or body parts in moving components, or broken steps.
Inadequate Maintenance
Property owners have a legal duty to maintain elevators and escalators in a safe condition. In practice, maintenance is often outsourced to third-party vendors, and oversight can be lax. Skipped inspections, ignored warning signs, or the use of unqualified technicians can all lead to serious failures.
Code Violations and Poor Installation
New York City follows strict safety regulations for vertical transportation systems, including NYC Building Code and ASME A17.1 standards. Unfortunately, compliance is not always enforced. Violations—such as failure to post inspection certificates, use of outdated parts, or improper installations—are frequent causes of litigation.
Each of these causes involves a different set of liable parties, making it crucial to conduct a thorough investigation early in the case.
Who Can Be Held Liable in an Elevator or Escalator Injury Case?
Determining liability in an elevator or escalator accident isn’t always straightforward. These systems are often managed through a complex web of ownership, leasing, and maintenance contracts. A successful personal injury claim requires identifying all potentially responsible parties—and understanding the duties each one owes under the law.
Property Owners and Building Managers
Under New York premises liability law, property owners and managing agents have a non-delegable duty to keep common areas—including elevators and escalators—reasonably safe. This means they can still be held responsible even if they hired a third-party maintenance company. Courts have held that the duty to maintain vertical transportation systems cannot be completely outsourced.
Maintenance and Inspection Companies
If an elevator or escalator was under a maintenance contract, the service provider may be liable for negligent repairs or failure to properly inspect and maintain the system. Attorneys often subpoena maintenance logs, service tickets, and inspection reports to identify patterns of neglect.
Manufacturers and Installers
Defective components or improper installation can shift liability to manufacturers or contractors. For example, if a design flaw caused a step on an escalator to collapse, or if an elevator’s emergency braking system failed due to a manufacturing defect, product liability laws may apply.
Government Entities
In public buildings or transit systems (like MTA subway stations), municipal liability may come into play. However, suing a government agency like the City of New York or the MTA involves strict notice-of-claim deadlines and immunity defenses that must be navigated carefully.
In many cases, multiple parties are named in a lawsuit. Pinpointing exactly who knew what, and when, is the cornerstone of building a strong case.
Challenges in Proving Negligence and Building Code Violations
Proving liability in elevator and escalator cases goes far beyond documenting injuries—it often requires uncovering years’ worth of technical records, maintenance histories, and code compliance audits. For personal injury attorneys, especially in NYC, this means combining aggressive discovery tactics with expert analysis.
Lack of Transparency in Records
One of the biggest hurdles is obtaining accurate and complete maintenance records. Property owners and elevator service companies may be reluctant to turn over documentation that reveals missed inspections or ignored warnings. In some cases, logs are incomplete, falsified, or simply missing.
Attorneys must act quickly to issue preservation letters and subpoenas, ensuring key evidence like service logs, work orders, and inspection certificates are not destroyed.
Expert Testimony is Crucial
Because of the technical complexity involved, most cases require testimony from vertical transportation experts. These professionals can examine whether industry standards—like ASME A17.1 Safety Code for Elevators and Escalators—were followed, and whether a failure was foreseeable or preventable.
Experts may also evaluate whether the accident was due to:
- Faulty door sensors
- Poor leveling at stops
- Inadequate emergency brakes
- Broken or misaligned escalator steps
Their insights help bridge the gap between what happened and why it constitutes negligence or a violation of the law.
Proving Code Violations and Negligence
Even when a building violates NYC code, the violation must be directly tied to the plaintiff’s injury. For instance, failure to post an inspection certificate won’t support a claim unless it can be linked to faulty operation or mismanagement.
That’s why successful litigation typically builds a case around multiple layers of evidence: physical conditions, maintenance failures, and prior complaints. A single safety lapse is rarely enough—the strongest cases show a pattern of neglect.
est Practices for Injury Attorneys Handling These Claims
Given the technical nature and liability complexities of elevator and escalator injury cases, attorneys must approach them with a methodical and proactive strategy. Below are key best practices for legal professionals looking to build strong, evidence-backed claims:
1. Act Quickly to Preserve Evidence
Time is critical. Surveillance footage, inspection logs, and maintenance records are often overwritten, lost, or destroyed within days or weeks. Attorneys should immediately send preservation letters to all potentially liable parties, including property owners, maintenance contractors, and elevator/escalator manufacturers.
2. Engage Qualified Experts Early
Success in these cases hinges on expert insight. Bringing in an elevator or escalator safety expert early in the process can help shape the theory of liability, inform discovery, and identify technical failures that may not be obvious to laypersons or even jurors.
3. Request Full Maintenance and Repair Histories
Do not settle for a single service log. Ask for:
- Multi-year inspection records
- Emergency repair requests
- Internal complaint reports
- Contracts between building owners and service providers
Patterns of neglect or non-compliance are often more persuasive than a one-time failure.
4. Leverage Building Code and Safety Violations
NYC Building Code, OSHA regulations, and national standards like the ASME A17.1 safety code are all tools attorneys can use to demonstrate negligence. Citing these codes in your pleadings and at trial builds credibility and strengthens the case for liability.
5. Humanize the Impact
Injury victims often suffer long-term emotional trauma in addition to physical harm—especially those who develop fear or anxiety about using elevators or escalators. Use medical and psychological evaluations to show the full impact on your client’s life, not just the visible injuries.
In cities like New York, where the pace is fast and vertical movement is constant, elevators and escalators are more than amenities—they are essential infrastructure. When these systems fail, the fallout can be devastating. Yet holding negligent parties accountable requires more than filing a claim—it demands technical understanding, strong evidence, and a deep knowledge of local codes and case law.
For personal injury attorneys, these cases present an opportunity to not only secure justice for the injured, but also to push for broader safety reforms in building management and transportation systems. From missed maintenance appointments to overlooked safety violations, every failure matters—and every victory in court sends a message that public safety cannot be compromised.
Michael J. Redenburg is a top-rated personal injury attorney based in New York City with over 15 years of experience representing victims of elevator, escalator, and other serious accidents. He is the founder of Michael J. Redenburg, Esq. P.C., where he is committed to securing justice for injured New Yorkers through aggressive legal advocacy and personalized attention.
