Elevator and Escalator Injuries in Pennsylvania

Maintenance contracts and inspection records identify the defendant.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Elevator and escalator claims usually involve a maintenance contractor as well as the property owner, and sometimes the manufacturer. Inspection certificates, service records and callback history establish what was known about the equipment and when, and those documents are held by others.

Who is usually responsible

  • The maintenance contractor, which is normally a specialist company under contract, and frequently the primary defendant.
  • The property owner or manager, for the condition of the premises and for engaging a competent contractor.
  • The manufacturer, where a design or component defect contributed.
  • An installer or modernisation contractor, where recent work is implicated.

The maintenance contract itself allocates responsibility and is worth obtaining early, because it frequently determines who you are actually suing.

The records that decide it

  • Inspection certificates, which are required periodically and are often displayed in the car.
  • Maintenance and service logs, showing what was done and when.
  • Callback history, which is the important one. Repeated callbacks for the same fault, misleveling, door problems, sudden stops, establish notice of a recurring defect.
  • The maintenance contract and its scope.
  • Any modernisation or repair work in the period before.

The recurring failures

Elevators: misleveling, creating a trip hazard at the threshold, which is the commonest by a distance. Doors closing on passengers where the sensor failed. Sudden stops and drops. Entrapment, particularly where distress calls went unanswered.

Escalators: sudden stops or reversals, missing or damaged comb plates, entrapment of shoes and clothing at the sides, and missing handrails or non functioning emergency stops.

Photograph the misleveling

If the car stopped out of level with the floor, photograph it immediately. That evidence disappears the moment somebody presses a button, and mislevel cases are otherwise argued entirely from memory.

Note the equipment identification number and the inspection certificate details in the car.

Children on escalators

Entrapment injuries to children are common and severe, and questions arise about guarding, gaps, and whether the equipment met the applicable standards. These deserve investigation rather than acceptance as accidents.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Who is responsible for an elevator injury?

Usually the maintenance contractor, which is normally a specialist company under contract and is frequently the primary defendant, alongside the property owner. Sometimes the manufacturer where a design defect contributed. The maintenance contract itself often determines who you are actually suing.

What records matter most?

Callback history above all. Repeated callbacks for the same fault, such as misleveling, door problems or sudden stops, establish notice of a recurring defect. Alongside that, inspection certificates, maintenance logs, the contract scope, and any recent modernisation work.

The elevator stopped below the floor and I tripped.

Misleveling is the commonest elevator claim. Photograph it immediately, because the evidence vanishes as soon as somebody presses a button. Note the equipment identification number and the inspection certificate details displayed in the car.

My child was hurt on an escalator.

Entrapment injuries to children are common and severe, and they raise questions about guarding, gaps at the sides and whether the equipment met applicable standards. They warrant investigation rather than being accepted as accidents.

I was trapped in an elevator. Is that a claim?

It can be, particularly where distress calls went unanswered for a prolonged period or the emergency communication system did not work. Physical injury from the entrapment itself, and the response time, are both relevant.

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Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980