When Building Equipment Fails, People Get Hurt
You step into an elevator expecting a safe ride. You take an escalator without thinking twice about the machinery beneath your feet. Then something goes wrong. The elevator stops violently, a door closes on you, or an escalator catches your clothing or causes a fall.
These incidents can cause serious injuries and leave victims searching for answers. A malfunction may involve poor maintenance, defective parts, improper repairs, or another safety failure. At Joumana Law, we investigate what happened, who was responsible, and what legal options may be available.
What Counts as an Elevator, Escalator or Building Equipment Accident?
Building equipment accidents involve more than elevators that suddenly stop or escalators that malfunction. Modern buildings contain many mechanical systems designed to move people safely. An injury may involve:
- Passenger or freight elevators
- Escalators
- Moving walkways
- Automatic doors
- Revolving doors
- Platform lifts
- Stairway chairlifts
- Accessibility equipment
- Other mechanical systems used to move people through buildings
Michigan’s Elevator Code covers elevators, escalators, platform lifts, stairway chairlifts, and certain other elevating devices. The Michigan Department of Licensing and Regulatory Affairs, known as LARA, administers and enforces the state’s Elevator Code.
The important legal question is usually not simply where the injury happened. The investigation must determine why the equipment failed and who had responsibility for its safety.
Why the equipment failed and who had responsibility for its safety.
How Do Elevator and Escalator Accidents Happen?
Elevators and escalators contain complex mechanical, electrical, and safety systems. A failure in one component can create dangerous conditions for passengers.
Elevator Accidents
An elevator injury can happen in several ways. Common scenarios may include:
- Sudden stops or unexpected movement
- Elevator doors closing on passengers
- Doors opening when the elevator is not properly positioned
- The elevator stopping above or below floor level
- Trips caused by misleveling between the car and floor
- Passengers becoming trapped
- Mechanical or electrical failures
- Problems with sensors or controls
- Defective components
- Improper maintenance or repairs
A sudden elevator movement can be especially dangerous for older adults or people with mobility limitations. Even a small difference between the elevator floor and landing can create a serious trip hazard.
Escalator Accidents
Escalators present different risks because their components remain exposed to passengers during operation. A person can fall, become trapped, or suffer an injury involving moving steps. Potential causes include:
A fall on an escalator can affect more than one person. Someone who loses balance may fall into passengers standing below.
Maintenance and Repair Failures
Mechanical equipment requires inspection, maintenance, and qualified repairs. A problem that starts small can become dangerous when warning signs are ignored. Michigan regulates elevator installation, alteration, repair, testing, and related work. The state also requires covered elevator work to be performed by appropriately licensed professionals or supervised helpers.
A critical question after an accident is whether someone knew about a problem before the injury occurred. Previous service calls, complaints, shutdowns, or repairs can become important evidence.
Who May Be Responsible for Unsafe Building Equipment?
Elevator and escalator cases can be more complicated than ordinary premises liability claims. Several companies may share responsibilities for the same equipment. Potentially responsible parties may include:
- Property owners
- Commercial landlords
- Building management companies
- Elevator or escalator maintenance companies
- Repair contractors
- Installation contractors
- Equipment manufacturers
- Component manufacturers
- Other businesses responsible for servicing or operating the equipment
The building owner may not be the company that services the elevator. A property manager may also have separate responsibilities.
Why Maintenance Contracts Matter
One overlooked part of these cases is the contract between the property owner and maintenance company. That agreement can help identify who agreed to inspect, maintain, repair, or monitor the equipment. Maintenance contracts may also define how frequently equipment should be serviced. Records can show whether required work was actually performed.
That is why identifying the correct defendant can require more than reading the name on the building. Responsibility may be divided among several companies.
What Michigan Law May Apply to an Elevator or Escalator Injury?
Michigan has specific laws and safety requirements governing elevators and related equipment. The exact legal theory in an injury case depends on what caused the incident. Depending on the facts, a case could potentially involve:
Michigan’s elevator regulatory system includes the Elevator Safety Board Act and Elevator Licensing Act. The state’s Elevator Code also incorporates safety standards covering elevators, escalators, platform lifts, and related equipment.
Michigan Elevator Inspections and Safety Oversight
LARA’s Elevator Section administers and enforces the Michigan Elevator Code. The agency conducts inspections of installations and alterations, as well as annual safety inspections. It also investigates elevator accidents and alleged code violations.
An inspection certificate does not necessarily answer every question about an accident. Equipment can develop problems after an inspection. Maintenance or repair work can also become relevant. Likewise, evidence of a safety violation does not automatically determine civil liability. The facts, applicable law, and relationship between the parties must be evaluated.
What If Defective Equipment Caused the Accident?
Some building equipment accidents may involve an allegedly defective product or component. Michigan has specific statutes governing product liability claims. For example, Michigan law addresses claims involving production defects and whether a product was reasonably safe when it left a manufacturer’s control. Michigan law also contains specific rules concerning manufacturer and seller liability.
These cases can become technically demanding. Engineers or other qualified experts may be needed to determine whether a component failed and why.
The Evidence That Can Reveal What Really Happened
One of the hardest parts of an equipment accident is that the injured person rarely controls the evidence. The building owner may have the surveillance footage. A maintenance contractor may possess years of service records. Another company may have replaced the damaged component after the accident.
Potential evidence can include:
Why Early Evidence Preservation Can Matter
An elevator may be returned to service shortly after an incident. A technician may repair or replace the component involved. Surveillance systems may also overwrite older recordings. Those normal business activities can change the evidence available later. An investigation should therefore consider what evidence exists and who controls it.
This is a detail many injured people do not realize. The condition that caused an accident may no longer exist by the time someone begins investigating it.
What Injuries Can Elevator and Escalator Accidents Cause?
The severity of an injury depends on how the accident occurred. Sudden movement, crushing forces, entrapment, and falls can produce very different injuries. Possible injuries include:
Some symptoms appear immediately. Others become more noticeable during the hours or days following an accident.
Serious Injuries Can Change Daily Life
A serious injury reaches beyond a medical chart. It can affect work, independence, mobility, family responsibilities, and future plans. Someone with a spinal injury may require rehabilitation or assistive equipment. A traumatic brain injury can affect memory, concentration, mood, and the ability to work.
These consequences matter when evaluating the full impact of an accident. A claim should not focus only on the first emergency room bill.
What Should You Do After an Elevator or Escalator Accident?
The period immediately after an accident can be confusing. Your health should come first, but several practical steps may help preserve useful information. If possible:
- Get medical attention. Do not delay necessary treatment to collect evidence.
- Report the accident. Notify building management or another appropriate person.
- Identify the equipment. Note the elevator number, escalator location, floor, and building area.
- Take photographs or videos. Document the equipment and surrounding area if you can safely do so.
- Get witness information. Ask witnesses for their names and contact details.
- Keep relevant items. Preserve damaged clothing, shoes, photographs, and documents.
- Write down what happened. Record what you experienced while the details remain fresh.
- Keep medical records. Save bills, treatment information, and documentation related to missed work.
Avoid guessing about why the equipment failed. Mechanical failures can have causes that are impossible to identify from appearance alone.
Be Careful With Statements and Documents
A property owner, insurer, or other company may contact you after an accident. They may request a recorded statement or ask you to sign documents. You may want to understand your rights before providing detailed statements or signing anything. What seems like routine paperwork could have legal significance.
What Compensation May Be Available After a Building Equipment Injury?
A serious accident can create both immediate and long-term losses. The damages available depend on the circumstances and applicable Michigan law. Depending on the case, compensation may potentially address:
The value of a claim cannot be determined from the type of accident alone. Two people injured in similar elevator incidents can experience very different consequences.
Fatal Elevator or Escalator Accidents
Wrongful death cases involve additional legal and procedural requirements. Families should speak with an attorney about the specific circumstances and deadlines involved.
How Joumana Law Investigates Equipment Failure Cases
A building equipment case starts with questions. What malfunctioned? Who maintained it? Were there previous complaints? Was the problem repaired correctly? At Joumana Law, an investigation may include efforts to:
- Identify potentially responsible parties
- Preserve surveillance footage and other evidence
- Obtain inspection and maintenance records
- Review repair histories and service calls
- Investigate earlier complaints or malfunctions
- Examine maintenance and service contracts
- Determine who performed prior repairs
- Review relevant safety requirements
- Investigate potentially defective components
- Work with qualified experts when appropriate
- Document the client’s injuries and resulting losses
We do not assume the building owner is the only possible responsible party. We look deeper.
Accountability Can Help Expose Safety Failures
Joumana Kayrouz’s approach to personal injury law is rooted in a fundamental principle: preventing injuries matters. When prevention fails, the civil justice system can provide a way to seek accountability. An equipment failure may reveal more than one dangerous incident. It can expose neglected maintenance, repeated complaints, defective components, or safety practices that need attention.
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Legal Disclaimer
Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.