Elevator and Escalator Accidents in NYC: Who Can Be Held Responsible?

New York City is one of the most vertical places on earth. With more than 70,000 elevators and escalators in service across the five boroughs, these machines are as much a part of daily life here as the subway or the sidewalk. Most of the time, they work exactly as they should. But when they don’t, the consequences can be serious. According to the New York City Department of Buildings, elevator and escalator accidents resulting in injuries rose to 100 incidents in 2023, up from 76 in 2022 and just 50 in 2021. That upward trend is worth paying attention to, especially if you or someone you care about has already been hurt.

When Things Go Wrong: Common Causes of These Accidents

Elevator and escalator accidents do not happen at random. They typically trace back to someone’s failure to properly maintain, inspect, or repair the equipment. Some of the most frequent causes include:

• Doors that close too quickly or fail to reopen when someone is in the way
• Elevators that stop above or below the floor level, creating a tripping hazard when passengers step in or out
• Escalator steps that are broken, uneven, or missing safety plates
• Mechanical failures caused by worn cables, faulty brakes, or defective components
• Inadequate lighting or warning signs near the equipment

In many cases, these problems existed well before the accident happened and could have been addressed with routine maintenance or timely repairs.

Who May Bear Responsibility After an Accident?

Liability in elevator and escalator cases is rarely limited to a single party. Depending on how and where the accident occurred, multiple parties may potentially share responsibility. Property owners have a legal obligation to keep common areas, including elevators and escalators, in a reasonably safe condition. That duty does not disappear simply because they have hired someone else to handle maintenance. Building management companies can also face exposure when they are responsible for overseeing day-to-day operations and fail to act on known problems.

Maintenance and service contractors play a central role in keeping this equipment operational, and when their negligence contributes to a malfunction, they too can be brought into a claim. In situations where a defect in the equipment itself caused the accident, the manufacturer or installer may face liability under product liability law. And when an accident takes place in a public building, transit hub, or public housing complex, a government entity such as the City of New York, the MTA, or NYCHA could potentially be involved. It is worth knowing that claims against government entities come with strict procedural requirements and very short deadlines, including in many cases a requirement to file a Notice of Claim within just 90 days of the accident.

What New York Law Says About These Obligations

New York City requires that all elevators and escalators pass installation inspections and undergo regular checks by the Department of Buildings to remain in legal operation. These requirements follow both the NYC Building Code and standards set by the American Society of Mechanical Engineers. Under New York City Rules, Title 1, Chapter 11 (§ 11-02), specific elevator and escalator conditions are classified as dangerous to human life and safety, and property owners who fail to address violations can face civil penalties that accrue daily. Beyond these code requirements, New York courts have long recognized that property owners owe a nondelegable duty of care when it comes to the safety of vertical transportation in their buildings.

Let Us Help You Today

If you have been injured in an elevator or escalator accident anywhere in New York City, the path forward can feel complicated. Questions about who is at fault, what evidence matters, and how much time you have to act all need careful attention as early as possible. We encourage you to contact us right away. At Jaroslawicz & Jaros, PLLC, our New York City construction accident lawyers have extensive experience handling cases involving elevator and escalator injuries, and we are ready to put that experience to work for you. Call us today at 212-227-2780 or reach out online to schedule a free consultation.

Source:

nyc.gov/site/buildings/dob/pr-elevator-and-escalator-safety-week-2023.page