What Is a Premises Liability 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

Key Takeaways

If you were injured in a premises liability in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

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 Injury on Someone Else's Property

  1. Report it to the property owner or manager in writing. Ask for a copy of any incident report. Verbal notice to whoever was on shift tends to disappear.
  2. Photograph the condition before it is repaired. Dangerous conditions get fixed quickly once someone is hurt — which is good for everyone except your ability to prove what it looked like.
  3. Work out who actually controlled the property. Owner, tenant, management company, security contractor, and maintenance vendor are often five different businesses with five different insurers. Note every name and logo you see.
  4. If you were the victim of a crime on the property, get the police report. Negligent security claims turn on whether the owner knew the area was dangerous. Prior incidents at the same address are usually the proof, and they are on record.
  5. Request preservation of surveillance footage in writing. Retention is often measured in days. Ask in writing and keep a copy of the request.
  6. Get medical care and keep every record. Follow through on referrals. Gaps in treatment are the most common way a serious injury gets valued as a minor one.
  7. Do not sign a release or give a recorded statement. The adjuster calling within days works for the property owner. Roden Law offers free consultations.

The Rules That Apply

  • 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).
  • 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.

How negligence, compensation, deadlines and fault work: Premises Liability Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

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.