Injured during an elevator or escalator accident in Fresno, CA? Contact the top Fresno elevator & escalator accident lawyer today.
If you’ve suffered an injury due to a malfunctioning elevator or escalator in Fresno, CA, you may be able to seek compensation for your injuries. Fresno residents use elevators and escalators daily in offices, malls, and apartment complexes. When these systems fail because of poor maintenance, worn parts, or negligent repairs, passengers can suffer severe injuries such as fractures or head trauma.
Property owners and maintenance companies must keep these machines safe and functional. When they neglect this duty, injured victims can seek compensation for medical costs, lost wages, and pain and suffering under California premises liability law.
At Kuzyk Personal Injury & Car Accident Lawyers, our Fresno elevator & escalator accident attorneys have decades of experience handling premises liability cases in Fresno, CA. We work with engineering experts to uncover what went wrong and identify every liable party.
Why You Need a Specialized Fresno Elevator & Escalator Accident Attorney
These cases involve intricate mechanical systems, building codes, and maintenance requirements that most people don’t understand. A general personal injury lawyer may not have the technical knowledge needed to investigate your case correctly. Our Fresno elevator & escalator accident attorneys work with engineering experts and safety specialists to uncover what went wrong.
Time is critical in elevator and escalator accident cases. Surveillance footage is overwritten, maintenance records are lost, and equipment is repaired before it can be adequately examined. We act quickly to preserve crucial evidence that could make or break your claim.
Insurance companies often try to minimize these claims by blaming user error or pre-existing conditions. We know their tactics and fight back with thorough investigations and expert testimony to prove negligence.
Common Types of Elevator Accidents That Lead to Injuries
Elevator malfunctions can cause catastrophic injuries when safety systems fail. Understanding these common accident types helps identify who may be liable for your injuries.
Door-Related Injuries
Elevator doors that malfunction are among the most frequent causes of injury. This includes crushing injuries where doors close too quickly and trap limbs, and shearing accidents where doors opening between floors can cause severe cuts and amputations.
Passengers can also suffer psychological trauma from entrapment when doors malfunction and leave them stuck.
Leveling Problems and Floor Gaps
When elevators fail to stop flush with the landing floor, passengers face serious slip-and-fall hazards. These misleveling incidents often result from worn cables, faulty sensors, or inadequate maintenance, leading to trips and falls when entering or exiting.
Sudden Drops and Free Falls
While rare, elevator free-falls represent the most catastrophic type of accident. These typically occur when multiple safety systems fail simultaneously, often due to poor maintenance or manufacturing defects.
Escalator Accidents and Mechanical Failures
Escalators present unique dangers because their moving parts are exposed mainly to passengers. When these systems malfunction, the results can be devastating.
Step and Comb Plate Entrapment
The most serious escalator accidents involve entrapment between moving parts. Shoes, clothing, or body parts can become caught in gaps between steps or in the comb plates at the top and bottom of the escalator. Children are particularly vulnerable due to their smaller size.
Handrail Malfunctions
Escalator handrails that stop moving while the steps continue can cause passengers to lose balance and fall. These malfunctions often result from broken drive mechanisms or inadequate lubrication.
Sudden Stops and Direction Changes
When escalators stop abruptly or change direction unexpectedly, passengers can be thrown forward or backward. These incidents typically cause multiple injuries as people fall on top of each other.
Contact us for a free consultation and discover how our award-winning Fresno elevator & escalator accident attorneys can help you seek compensation and justice.
Who Can Be Held Liable for Elevator and Escalator Accidents
Determining fault in these cases requires examining the roles of multiple parties involved in the elevator’s or escalator’s design, installation, maintenance, and operation.
Property Owners and Managers
Building owners have a legal duty to maintain their premises in a reasonably safe condition. This includes ensuring elevators and escalators receive proper maintenance and inspection. Property managers who oversee daily operations can also be held liable for safety violations.
Maintenance and Service Companies
Most building owners contract with specialized companies to maintain their vertical transportation systems. These contractors must follow manufacturer guidelines and industry standards when performing inspections, repairs, and upgrades.
Negligent maintenance is a common cause of elevator and escalator accidents. This can include using substandard parts, skipping required inspections, or failing to address known safety issues.
Manufacturers and Installers
When accidents result from design defects or manufacturing flaws, the companies that built the equipment may be liable. This includes defective safety sensors, faulty door mechanisms, or inadequate emergency braking systems.
Installation companies can also be held responsible if they fail to properly install the equipment in accordance with the manufacturer’s specifications.
Government Entities
Accidents in government buildings, such as courthouses, city halls, or public transit stations, may give rise to claims against municipal, county, or state entities. These cases have special procedural requirements and shorter deadlines.
California’s Common Carrier Laws Apply to Elevators and Escalators
Under California Civil Code Section 2100, elevators and escalators are considered common carriers.
This legal classification requires owners and operators to exercise the “utmost care and diligence” for passenger safety.
This heightened duty of care makes it easier to prove negligence in elevator and escalator accident cases. Rather than showing mere carelessness, you only need to demonstrate that the defendant failed to use the highest degree of care.
The common carrier standard applies to both public and private elevators and escalators. Shopping malls, office buildings, hotels, and apartment complexes must all meet this elevated safety requirement.
Critical Evidence in Elevator and Escalator Accident Cases
Building a strong case requires gathering and preserving multiple types of evidence before they can be lost or destroyed.
Electronic Data and Control Systems
Modern elevators contain sophisticated computer systems that record operational data. This electronic evidence can show precisely what happened in the moments before and during your accident.
Controller logs reveal information about door timing, leveling accuracy, and any system errors or alarms. We work with technical experts to analyze this data and identify mechanical failures.
Maintenance Records and Inspection Reports
California requires regular inspections of elevators and escalators by certified technicians. These records can reveal patterns of problems, deferred maintenance, or safety code violations.
We examine service logs, repair orders, and inspection certificates to build a timeline of the equipment’s condition. Missing or falsified records can themselves be evidence of negligence.
Surveillance Footage
Many buildings have security cameras that capture elevator and escalator areas. This footage provides crucial evidence about how accidents occur and whether safety protocols were followed.
Video evidence must be preserved quickly before it’s automatically deleted or recorded over. We send immediate preservation notices to building owners and security companies.
Witness Statements
Other passengers, building employees, and bystanders may have witnessed your accident or the conditions that led to it. Their testimony can corroborate your account and provide additional details about what went wrong.
Injuries Commonly Caused by Elevator and Escalator Accidents
These accidents often cause severe injuries due to the mechanical forces involved and the unexpected nature of the incidents.
Traumatic Brain Injuries
Falls in elevators or on escalators can cause serious head injuries when victims strike hard surfaces. Traumatic brain injuries may not be immediately apparent but can have lasting effects on cognitive function and quality of life.
Spinal Cord Damage
The sudden jolting motions in elevator accidents can cause herniated discs, fractured vertebrae, and spinal cord compression. These injuries may result in chronic pain, limited mobility, or permanent paralysis.
Crush and Amputation Injuries
Elevator door malfunctions and escalator entrapments can cause severe crushing injuries to extremities. In the worst cases, fingers, toes, or entire limbs may be amputated by the machinery.
Emotional Trauma
Being trapped in a malfunctioning elevator or experiencing a sudden fall can cause lasting psychological effects. Many victims develop anxiety, claustrophobia, or post-traumatic stress disorder following these accidents.
Compensation Available for Elevator and Escalator Accident Victims
California law allows injured parties to recover both economic and non-economic damages from negligent parties.
Medical Expenses and Future Care Costs
You can recover compensation for all medical treatment related to your injuries, including emergency care, surgery, rehabilitation, and ongoing therapy. Future medical needs are also compensable if your injuries require long-term treatment.
Lost Income and Diminished Earning Capacity
If your injuries prevent you from working, you can claim compensation for lost wages and benefits. Permanent disabilities that affect your ability to earn income in the future are also recoverable.
Pain and Suffering Damages
Physical pain, emotional distress, and loss of enjoyment of life are significant components of most elevator and escalator accident claims. These non-economic damages recognize the human impact of your injuries beyond financial losses.
Punitive Damages in Extreme Cases
When defendants engage in particularly reckless or intentional misconduct, California courts may award punitive damages to punish the wrongdoer and deter similar behavior.
Steps to Take After an Elevator or Escalator Accident
Your actions immediately following an accident can significantly impact both your health and your legal claim.
Seek medical attention right away, even if you don’t think you’re seriously injured. Some injuries, particularly head trauma and internal injuries, may not show symptoms immediately. Having prompt medical documentation also strengthens your legal case.
Report the incident to building management or security as soon as possible. Ask for a copy of any incident report they create, and get the names and contact information of anyone who witnessed the accident.
Document everything you can about the scene, including photos of the malfunctioning equipment, your injuries, and any hazardous conditions. If you’re unable to take photos yourself, ask someone to help you.
Avoid giving detailed statements to insurance representatives without first consulting an attorney. Insurance companies often use these early statements to minimize or deny claims later.
Important Deadlines for Filing Your Claim
California’s statute of limitations gives you two years from the date of injury to file a personal injury lawsuit. However, claims against government entities have much shorter deadlines that can bar your case if missed.
Government Claim Requirements
If your accident occurred in a government building or on public property, you must file a formal claim with the appropriate agency within six months of the injury.
This requirement applies to accidents in courthouses, city buildings, public transit stations, and other government facilities.
If your accident occurred in a government building, you may be required to file a formal claim with the agency within six months; missing this deadline can jeopardize your ability to pursue a claim.
Why Choose Kuzyk Personal Injury & Car Accident Lawyers
Our firm brings decades of experience to elevator and escalator accident cases throughout Fresno and Central California. We understand the technical aspects of these complex cases and have the resources to investigate what went wrong thoroughly.
We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This arrangement allows you to pursue your claim without worrying about upfront legal costs.
Our team includes attorneys specializing in premises and product liability cases. We have established relationships with engineering experts, safety consultants, and medical professionals who can strengthen your case.
Frequently Asked Questions About Elevator and Escalator Accidents
What Should I Do if I’m Trapped in a Malfunctioning Elevator?
Stay calm and use the emergency phone or call button to contact building security or emergency services. Avoid trying to force the doors open or climb out through the ceiling, as this can be extremely dangerous.
Can I Sue if the Accident Was Partially My Fault?
California follows comparative negligence rules, which means you can still recover damages even if you were partially at fault. Your percentage of fault will reduce your compensation, but you won’t be completely barred from recovery.
How Long Do Elevator and Escalator Accident Cases Take to Resolve?
The timeline varies depending on the complexity of the case and the severity of injuries. Simple cases may settle within months, while complex cases involving permanent disabilities or multiple defendants can take several years to resolve fully.
Contact a Fresno Elevator & Escalator Accident Lawyer Today
Don’t let insurance companies minimize your claim or pressure you into accepting an inadequate settlement. Our experienced attorneys will fight to hold all responsible parties accountable for your injuries.
We offer free consultations to review your case and discuss your legal options. You won’t have to pay any legal fees unless we win money for you, so getting experienced legal help is risk-free.
Contact Kuzyk Personal Injury & Car Accident Lawyers today to set up your free consultation. We’re here to help you get through this tough time and get the money you deserve for your injuries.
