(300+)The short answer: More than one party can be responsible when you’re injured in an elevator or escalator accident in Philadelphia, including the property owner, the property management company, and the maintenance contractor responsible for keeping the equipment safe. Who’s responsible usually comes down to who controlled the equipment and whether they knew, or should have known, about the problem that hurt you. In Pennsylvania, you generally have two years to file, and you can still recover money for your injuries as long as you’re 50% or less at fault.
One second you’re stepping onto an escalator at a Center City mall or in a Philadelphia office, and the next you’re on the floor, shaken and hurting. These accidents happen fast, and they can leave you with serious injuries, growing medical bills, and a pile of questions. The biggest one is usually simple: who’s responsible? Here’s what you need to know and how our experienced Philadelphia slip and fall attorneys at Gibbons Legal can help. Your first consultation is free.
In this article, we discuss:
– How elevator and escalator accidents happen
– Who’s responsible for your injuries
– How to prove who’s responsible
– Pennsylvania’s time limit to file a claim
– Frequently asked questions
How Do Elevator And Escalator Accidents Happen?
Most elevator and escalator accidents come down to poor maintenance and simple carelessness. When a property owner or the company running the equipment cuts corners on upkeep, riders can get hurt.
Common causes include:
– Sudden stops, drops, or jolts that throw riders off balance
– Misleveling, where an elevator stops above or below the floor and creates a trip edge
– Doors that close on individuals or don’t sense someone in the way
– Missing or broken escalator comb teeth that catch shoes, feet, or clothing
– Damaged, loose, or fast-moving handrails
– Worn steps, slippery surfaces, and skipped repairs
A slip and fall on an escalator in Philadelphia often looks minor at first. But injuries can show up later: broken bones, torn ligaments, and head or back injuries.
Who’s Responsible For An Elevator Or Escalator Injury In Philadelphia?
Often, more than one party shares responsibility for your injury. Property owners and the businesses that operate a building owe visitors a duty to keep things reasonably safe, including the elevators and escalators inside.
Depending on how your accident happened, any of these parties may be responsible:
– The property owner, who has to keep the building reasonably safe
– The property management company that runs day-to-day operations
– The maintenance or repair contractor hired to service the equipment
– In some cases, the business or building operator that controlled the area.
Sorting out who’s responsible takes digging. Our team looks at who controlled the elevator or escalator, who was responsible for maintaining it, and whose carelessness actually caused your fall.
How Do You Prove Who’s Responsible?
You prove responsibility with evidence showing that the property didn’t properly maintain the equipment and that someone knew, or should have known, about the danger. That evidence usually includes:
– Maintenance, repair, and inspection records for the specific elevator or escalator
– Prior complaints or a history of the same problem going unfixed
– Surveillance footage of your fall
Records matter because Pennsylvania requires regular inspection and a current certificate of operation for every elevator and escalator. The party responsible for the property must post that certificate where riders and inspectors can see it. When a property skips inspections or ignores repairs, that paper trail helps show who dropped the ball.
Evidence can disappear quickly. Property owners often record over surveillance video within days or weeks. The sooner our attorneys start, the better your chances of locking down what you need. Call 215-274-0173 for a free consultation.
What’s The Time Limit To File An Elevator Or Escalator Injury Claim In Pennsylvania?
In Pennsylvania, you generally have two years from the date of your injury to file a claim (this time limit is called the statute of limitations). The law says you must start your case within two years when someone else’s wrongful act, neglect, or carelessness caused your injuries. Miss that window, and you can lose your right to compensation for good.
Being partly at fault doesn’t automatically end your claim. Pennsylvania uses a modified comparative negligence rule with a 51% bar. That means you can still recover money for your injuries as long as you’re 50% or less at fault, and the court reduces your compensation in proportion to your share of the blame. If you were injured in southeastern New Jersey instead, a similar two-year time limit applies.
Frequently Asked Questions About Elevator And Escalator Injuries
What should I do after an elevator or escalator accident?
Seek medical care right away, even if you feel fine, as head, neck, and back injuries can take days to show up. Report the accident to the property or store manager, request a written incident report, and obtain the names of any witnesses. Take photos of the equipment and your injuries if you can.
How much does it cost to talk to a lawyer?
Your first consultation with Gibbons Legal is free. You can tell us what happened and receive honest answers about your options at no cost and with no pressure to hire us.
What if I were partly at fault?
You may still have a claim. Because Pennsylvania follows modified comparative negligence with a 51% bar, you can recover as long as your fault is 50% or less, though your share of the blame reduces your compensation.
Can I file a claim if I fell in a store or mall?
Yes. Stores, malls, offices, and apartment buildings all have a duty to keep their elevators and escalators reasonably safe. If poor maintenance or someone else’s carelessness caused your fall, the owner, manager, or maintenance contractor may be responsible.
Elevator and escalator injuries can turn your life upside down, and the companies responsible won’t always own up to it. You don’t have to sort it out alone. Our attorneys at Gibbons Legal handle slip-and-fall cases across Philadelphia, southeastern Pennsylvania, and southeastern New Jersey. Got hurt? Get Gibbons! Call 215-274-0173 today for your free consultation.
