What Is a Elevator and Escalator Accident Case?

Elevator and escalator accidents cause serious injuries including falls, entrapment, crushing injuries, and amputations. Property owners and maintenance companies must keep these systems safe. Our attorneys pursue full accountability.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Elevator and Escalator Accident Lawyers in Georgia & South Carolina

Americans take over 18 billion elevator trips per year, and escalators carry an estimated 90 billion riders annually. While generally safe when properly maintained, elevator and escalator malfunctions can cause devastating injuries — from falls and entrapment to crushing injuries and amputations. The Consumer Product Safety Commission (CPSC) reports that escalators alone cause approximately 10,000 injuries per year, with children and elderly individuals at greatest risk.

At Roden Law, our elevator and escalator accident attorneys represent injury victims throughout Georgia and South Carolina. These cases are technically complex, often involving multiple liable parties — the building owner, the elevator/escalator maintenance company, and the equipment manufacturer. Our attorneys work with engineering experts to determine exactly what went wrong and who is responsible.

Common Elevator Accidents

Our attorneys handle elevator injury cases involving:

  • Misleveling: The elevator stops above or below the floor level, creating a trip-and-fall hazard as passengers step into or out of the car
  • Door malfunctions: Doors that close too quickly, fail to detect obstructions, or open between floors
  • Free-fall and sudden stops: Brake failures, cable issues, or control system malfunctions causing the car to drop or jolt violently
  • Entrapment: Being trapped in a stalled elevator, causing physical injuries (from attempts to escape) and psychological trauma
  • Shaft falls: Doors opening when the car is not at the landing, allowing passengers to fall into the shaft
  • Crushing injuries: Being caught between the elevator car and the shaft wall, or between closing doors

Common Escalator Accidents

Escalator injuries frequently involve:

  • Entrapment: Fingers, feet, clothing, or shoes caught in the gap between the step and the side panel (a particular danger for children)
  • Sudden stops or reversals: Abrupt escalator stops causing passengers to fall forward in a chain reaction
  • Missing or broken handrails: Handrails that stop moving, move at a different speed than the steps, or are missing entirely
  • Step defects: Broken, missing, or uneven step treads that catch feet or cause falls
  • Comb plate failures: Broken or missing comb plates at the top and bottom of the escalator that catch feet and clothing

Georgia and South Carolina Elevator Safety Regulations

Both states regulate elevator and escalator safety:

  • Georgia: O.C.G.A. § 8-2-100 et seq. (Georgia Elevator, Dumbwaiter, and Escalator Safety Act) requires annual inspections, licensed operators and mechanics, and compliance with national safety codes (ASME A17.1). The Office of Insurance and Safety Fire Commissioner oversees enforcement.
  • South Carolina: South Carolina regulates elevators and escalators through the S.C. Code § 41-18-10 et seq. (Elevator and Amusement Rides Safety Code Act), requiring inspections, licensing, and compliance with ASME standards.

Liability in Elevator and Escalator Cases

Multiple parties may be liable for an elevator or escalator accident:

  • Building/property owner: Liable under premises liability (O.C.G.A. § 51-3-1) for failing to maintain safe conditions
  • Maintenance/service company: Companies like Otis, Schindler, ThyssenKrupp, and KONE that contract to maintain the equipment and may be liable for negligent maintenance or repair
  • Manufacturer: The equipment manufacturer may face product liability claims if a design or manufacturing defect caused the malfunction
  • Inspection companies: Third-party inspectors who negligently failed to identify hazardous conditions

Compensation for Elevator and Escalator Injuries

Victims may recover medical expenses, lost wages, pain and suffering, permanent disability (particularly in amputation and crushing injury cases), emotional distress including PTSD, and punitive damages. Wrongful death claims are available for fatal elevator shaft falls and other deadly malfunctions.

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What to Do After An elevator and escalator accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Elevator and Escalator Accident Case

To win a personal injury case involving an elevator and escalator accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Elevator and Escalator Accident Cases

Victims of an elevator and escalator accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Elevator and Escalator Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Elevator and Escalator Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Elevator and Escalator Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.