Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Current Treasurer and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Miami Personal Injury Lawyer for Elevator and Escalator Accidents
Modern urban living in Miami relies heavily on elevators and escalators to provide quick and efficient movement of people in high-rise buildings, shopping malls, hotels, and office complexes. For the most part, these machines operate seamlessly, blending into daily routines without a second thought. However, when mechanical failures or maintenance lapses occur, they can turn a routine ride into a life-altering incident, inflicting severe injuries on unsuspecting passengers. Elevator and escalator accidents in Miami, while less common than slip and falls or automobile crashes, can result in devastating outcomes such as crushed limbs, broken bones, head trauma, or even fatalities.
Elevator and escalator accidents in Miami typically fall under the ambit of premises liability because the owner or manager of the building is responsible for keeping all machinery on the property in safe working condition. In some cases, third-party contractors, such as maintenance companies or manufacturers, may also share liability if defective components or negligent repairs contributed to the accident. Understanding the complexities of elevator and escalator accident claims is crucial for victims seeking compensation for mounting medical bills, lost wages, and other damages. Hiring our personal injury lawyers in Miami can help you evaluate your case in an elevator or escalator injury caused by others’ negligence and look into the potential defenses the property owners might raise. Having our experienced personal injury attorneys by your side, who can guide you toward a fair resolution and can get you a fair compensation you deserve for your injuries and damages.
Common Causes of Elevator and Escalator Accidents
Elevator and escalator systems involve intricate mechanical and electrical components, all of which must be regularly maintained and inspected. Negligent maintenance is a primary cause of many accidents in Miami. In elevators, common issues include sudden drops or stops caused by faulty cables, doors that malfunction and close prematurely on passengers, or a failure of the braking system that leads to uncontrolled movement. Escalators, on the other hand, can trap clothing or footwear if the comb plates and step transitions are poorly aligned or if small gaps develop over time. In some cases, children can suffer serious injuries when they accidentally get a limb caught in an escalator’s sidewall or comb plate.
Beyond mechanical malfunctions, electrical issues can also endanger riders. Malfunctioning sensors that fail to detect a person in the doorway may trigger an elevator to start moving while someone is entering or exiting. Loose or exposed wiring can cause short circuits, leading to sudden stops or power surges. Environmental factors, such as flooding or humidity in Miami, can exacerbate wear and tear on equipment when building owners do not address moisture issues. Overloading is another significant concern; if a building does not post proper weight limits or allows more passengers than recommended to board an elevator, mechanical strain can lead to an unexpected shutdown or breakdown mid-ride.
Liability Under Florida Premises Law
When someone is injured in an elevator or escalator accident, the question of liability often centers on who had the duty to maintain the equipment. Under Florida premises liability law, the property owner or manager is generally responsible for ensuring that machines within the property are safe for use. This means scheduling regular inspections, hiring qualified technicians, and quickly addressing any known malfunctions. If they fail to do so, or if they cut corners on maintenance to save costs, they may be found negligent when an accident occurs. However, liability can also extend to third parties such as the elevator or escalator manufacturer if a design flaw or defective part contributed to the incident. If an outside maintenance company was contracted to perform checks and repairs, they too could bear some responsibility. Consulting our personal injury attorneys for your elevator or escalator injury in Miami can help you to understand your legal rights and to see if you have a case against the property owner or the manufacturer. Contact our experienced Miami personal injury attorneys for a free case evaluation.
To succeed in a premises liability claim, you must demonstrate that the building owner owed a duty of care, breached that duty by failing to keep the equipment reasonably safe, and that the breach caused your injuries. Florida’s comparative negligence rules might come into play if the property owner alleges that you were reckless. For instance, if a person jumped up and down in an elevator, triggering a malfunction, the defense might argue that the occupant’s behavior was a significant factor. Nonetheless, property owners bear the primary responsibility to keep equipment functioning properly, especially when the public is invited to use it.
If you are injured because of a property owner’s failure to provide adequate security, Contact our legal team, for a free case evaluation.
Potential Injuries and Damages
Elevator and escalator accidents in Miami can yield a range of injuries, some of which are catastrophic. Sudden stops can jolt passengers, causing whiplash or spinal injuries. Entanglements in escalators may crush fingers, toes, or entire limbs, necessitating surgery or even amputation. Head traumas are common if someone is knocked to the ground during a malfunction, and the ensuing medical needs might involve long-term rehabilitation or permanent disability. Emotional distress should not be overlooked either, as individuals who experience a sudden free-fall in an elevator or a harrowing entanglement in an escalator often develop intense anxiety about enclosed spaces or mechanical devices. This psychological impact can be just as debilitating as physical injuries.
Victims typically seek compensation for their medical bills, lost wages, rehabilitation, and mental anguish. Pain and suffering may be especially high in these cases, given the terrifying nature of these accidents. If a family member loses their life due to a severe elevator or escalator malfunction, surviving relatives may file a wrongful death claim to recover funeral costs, loss of financial support, and the emotional toll of losing a loved one. The property owner’s liability insurance or the manufacturer’s product liability policy often comes into play when awarding or negotiating compensation, though the specific coverage limits can greatly influence the final outcome. Having our attorneys for personal injury by your side can increase your chance to get the maximum compensation you deserve.
Building Codes and Safety Regulations
Florida has adopted various building codes and safety regulations that govern the installation, inspection, and operation of elevators and escalators. These regulations can serve as a basis for establishing negligence if a property owner fails to comply. For example, the Florida Building Code incorporates guidelines from the American Society of Mechanical Engineers (ASME), including the A17.1 Safety Code for Elevators and Escalators, which stipulates standards for equipment design, routine inspections, and emergency features. Local jurisdictions may also conduct annual or semi-annual inspections, and property owners are required to address any cited deficiencies promptly.
In an elevator or escalator injury lawsuit, evidence that the building owner violated these codes can significantly strengthen your position. This may manifest as a building owner ignoring repeated inspector warnings or failing to address known hazards, such as worn mechanical parts or electronic sensors. Conversely, if the owner can prove full compliance with all relevant codes, they may argue they satisfied their duty of care. That said, adherence to codes does not always absolve them of liability if a specific hazard was overlooked or if the maintenance company performed substandard work. Our attorneys for personal injury in Miami can evaluate your case for free; if you are injured in an elevator or escalator accident in Miami, call our office to make an appointment.
The Importance of Prompt Investigation
Investigations into elevator and escalator accidents in Miami often require specialized knowledge. Experts in mechanical or electrical engineering may need to examine the site, test components, and review maintenance records to understand precisely how the malfunction occurred. Prompt legal representation is essential so that any defective parts can be preserved and studied. If an accident scene is cleared too quickly or critical data from the machine’s control system is lost, you may have a harder time proving what went wrong. Witness statements, surveillance footage, and maintenance logs can further illuminate whether the accident resulted from a sudden, unpredictable glitch or from long-standing negligence.
When our personal injury attorneys takes your case early, they can send preservation letters demanding that evidence not be altered or destroyed. We may also coordinate independent inspections of the elevator or escalator before any repairs are made, capturing a snapshot of its condition at the time of the accident. Such evidence can be indispensable during your settlement negotiations or at the trial, providing tangible proof that the property owner or maintenance crew failed to meet their obligations.
Defenses Raised by Property Owners or Manufacturers
Owner of the property in elevator and escalator cases may argue that your actions contributed to the accident. They might claim that you tried to stop elevator doors from closing with an object, you jumped on an escalator step, or disregarded posted signs about weight limits or child supervision. If you are shown to be more than fifty percent at fault, you may be barred from recovery under Florida’s modified comparative negligence system.
Manufacturers or maintenance companies might contend that they adhered to all contractual obligations and safety standards, suggesting that the property owner was negligent in allowing unauthorized modifications or ignoring professional advice. In some cases, multiple defendants could point fingers at each other, complicating the litigation and potentially requiring a thorough parsing of contractual documents to see who was truly responsible for the day-to-day upkeep of the equipment. Our Miami personal injury attorneys can fight for you in court, defend your rights and may get you a fair compensation for your damages. Call us for a free case evaluation today.
Frequently Asked Questions About Elevator and Escalator Accidents in Miami
Do I have a claim if I was injured in an elevator that stopped suddenly but I wasn’t seriously hurt at the time?
You may still have a claim if you sustained any injury requiring medical evaluation or if delayed symptoms, such as back pain, manifest later. It is crucial to document the incident, get medical attention, and consult our personal injury lawyers in Miami to determine the viability of your case.
What if the elevator was installed recently? Could the manufacturer be liable?
Yes, if a design or manufacturing defect is discovered. For instance, if newly installed brakes fail prematurely, the manufacturer or installer could bear liability. An engineering expert might be needed to confirm that the product was defective when it left the manufacturer’s control. Our experienced attorney for personal injury in Miami can assist you with your injury case.
The property owner says they hired a reputable maintenance company. Can I sue both parties?
Potentially, yes. You can bring a claim against any party whose negligence contributed to the accident. It may be the property owner, the maintenance company, the manufacturer, or all of them if their combined actions or omissions led to your injuries.
Is there a time limit to file an elevator or escalator injury lawsuit in Florida?
Generally, you have two years to file personal injury lawsuits arising from incidents after March 24, 2023, but you should consult with our personal injury attorney to confirm the specific statute of limitations for your situation. Waiting too long can jeopardize your case if key evidence is lost.
Can I handle the claim on my own without a lawyer?
While it’s possible, elevator and escalator cases often involve complex technical investigations and multiple defendants. Our Miami personal injury attorneys can help you gather expert testimony, negotiate with insurance companies, and ensure you have the best chance of recovering a fair settlement or verdict.
Conclusion
Elevators and escalators are fixtures of modern life, essential to moving people efficiently through Miami’s high-rises and sprawling commercial centers. Yet a single mechanical failure or oversight in maintenance can lead to consequences far more serious than a mere inconvenience, as victims can suffer broken bones, lacerations, head trauma, and profound psychological distress. Florida’s premises liability law acknowledges these dangers by holding property owners and other responsible parties liable when they neglect the duty to keep equipment in safe working order.
Navigating the technical and legal complexities of elevator and escalator accidents in Miami demands a thorough investigation, expert input, and strategic advocacy. By seeking medical care immediately, preserving evidence, and hiring our seasoned personal injury lawyers, you stand a far greater chance of recovering fair compensation. Through the pursuit of justice, we also encourage safer building operations and stricter adherence to maintenance standards, potentially preventing future tragedies for others who rely on these crucial conveyances.
If you or a loved one has been injured in an elevator or escalator accident in Miami, reaching out to our personal injury lawyers in Miami for legal advice can be a decisive step toward healing and financial recovery. Schedule a free consultation with our dedicated team of Miami personal injury attorneys to discuss your case, learn about your rights under Florida law, and explore potential avenues for pursuing compensation. Let our top rated Miami personal injury attorneys handle the negotiations with insurance adjusters and coordinate specialized inspections so you can focus on your recovery. Don’t let time slip away or allow key evidence to vanish—contact us promptly to safeguard your legal interests.
Injured in an elevator or escalator accident in Miami? Get the right legal representation to ensure your voice is heard and your rights are protected.
DISCLAIMER: The information on this website is intended for informational purposes only and is not and should not be used as legal advice. You should consult our personal injury attorney for advice regarding your individual situation. Using this website does not create an attorney-client relationship between you and Adriana P. Santiesteban, P.A. Before the attorney-client relationship is formed, we must make sure there are no conflicts of interest and come to an agreement to represent you. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Contact our office for additional information on Adriana P. Santiesteban, Esq.’s, qualifications and experience.
