Elevator & Escalator Accident Lawyers in Wilkes-Barre & Northeastern PA
Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. Free consultation — no fee unless we win.
Get a Free Consultation
Our elevator and escalator accident attorneys are available 24/7 to discuss your case.
Elevator & Escalator Accident Lawyers Serving Wilkes-Barre, Scranton & Northeastern Pennsylvania
People in Wilkes-Barre, Scranton and across Luzerne County ride elevators and escalators every day — in the older office and apartment buildings downtown, at Wilkes-Barre General and Geisinger Wyoming Valley, at the Wyoming Valley Mall, the Viewmont Mall, Mohegan Pennsylvania and the parking garages that serve them. When a lift or moving staircase malfunctions or is poorly maintained, it can cause severe or life-altering injuries. If that happened to you, our elevator and escalator accident lawyers at PA Attorney Source are here to help.
These are premises liability cases with a technical core: who owned the building, who held the maintenance contract, when the Pennsylvania Department of Labor & Industry last inspected the unit, and what the service records show. Our attorneys handle building owner negligence, maintenance-company negligence and defective-equipment claims for injured people throughout the Wyoming Valley, the Scranton area and Harrisburg.
Did You Know?
According to the U.S. Bureau of Labor Statistics and Consumer Product Safety Commission, elevators and escalators cause approximately 30 deaths and about 17,000 serious injuries each year in the United States. Many of these incidents could be prevented with proper oversight and maintenance.
Common Causes of Elevator Malfunctions & Escalator Accidents
Understanding the common causes of escalator accidents and elevator malfunctions is crucial in determining liability. These incidents often stem from negligence in maintenance or design. Our team investigates these thoroughly.
Elevator Accident Causes & Malfunctions
- Sudden stops or drops due to mechanical failures (a key factor in elevator malfunction compensation claims)
- Doors closing too quickly or with excessive force
- Misleveling (elevator stopping above or below floor level)
- Electrical malfunctions causing entrapment
- Poor maintenance leading to component failures (often indicating building owner negligence in an elevator accident)
- Design defects creating unsafe conditions
- Control system failures affecting operation
Escalator Accident Causes & Sudden Stops
- Sudden stops or direction changes leading to escalator sudden stop injuries
- Excessive speed causing falls
- Missing or broken steps creating trip hazards
- Inadequate side panel protection
- Finger entrapment in moving parts
- Clothing or shoelaces caught in mechanisms
- Improper maintenance of handrails and steps on moving staircases
Many of these accidents are preventable with proper maintenance, inspections, and adherence to safety regulations. When property owners, maintenance companies, or manufacturers fail to meet these obligations, they may be held liable for resulting injuries. This is a core aspect of premises liability cases.
Common Injuries from Elevator and Escalator Incidents
Elevator and escalator accidents can result in a wide range of injuries, from minor to catastrophic injuries. These injuries often require extensive medical treatment, rehabilitation, and may cause permanent disability. An attorney can help you understand your rights to compensation for these harms.
Elevator Injuries
- Head and brain trauma from falling elevators
- Crush injuries from doors or between elevator and shaft
- Spinal cord injuries from sudden stops or falls
- Broken bones and fractures from falls or impacts
- Lacerations and soft tissue damage
- Amputations in severe entrapment cases
Escalator Injuries
- Broken bones from falls
- Finger, hand, or foot entrapments
- Lacerations from broken components
- Traumatic head injuries from falls
- Ankle and knee injuries from step entrapment
- Clothing entanglement injuries
If your injuries occurred due to unsafe property conditions, you may have a strong claim. It's also important to consider if the incident involved work-related injuries, as this could open additional avenues for compensation if the accident happened at your workplace.
Children & Elderly at Higher Risk
Children and elderly individuals are particularly vulnerable to escalator and elevator injuries. Children may be at risk of entrapment due to their small fingers and hands, while elderly individuals may be more susceptible to falls from sudden stops or movements. Specialized care and legal attention are often required in these cases.
Pennsylvania Elevator & Escalator Safety Regulations
Pennsylvania has specific regulations governing the installation, maintenance, and inspection of elevators and escalators to ensure public safety. These regulations are enforced by the Pennsylvania Department of Labor & Industry, whose inspection certificates and violation records are often central evidence in an elevator or escalator injury case.
Key Pennsylvania Regulations Your Attorney Will Know
- The Uniform Construction Code (UCC) adopts the American Society of Mechanical Engineers (ASME) standards for elevators and escalators
- Mandatory annual safety inspections by certified elevator inspectors
- Required permits for installation and major alterations
- Maintenance record keeping requirements
- Specific safety feature mandates including emergency phones, alarms, and automatic stop mechanisms
Violations of these safety regulations often play a crucial role in determining liability in elevator and escalator accident cases. Our attorneys investigate potential regulatory violations as part of building a strong case.
Who Is Liable for an Elevator or Escalator Accident?
Determining liability in elevator and escalator accident cases can be complex, as multiple parties may share responsibility. This often involves aspects of premises liability cases. Potential liable parties include:
Property Owners & Managers
Responsible for maintaining safe premises, which includes ensuring regular inspections and maintenance are performed on elevators and escalators. Failure to address known issues or comply with safety regulations can establish building owner negligence in an elevator accident.
Maintenance Companies
Companies contracted to service and maintain elevators and escalators may be liable if they perform substandard work, miss critical safety issues, or fail to properly repair known problems leading to elevator malfunction compensation needs.
Manufacturers
If a defective component or design flaw in the elevator or escalator contributed to the accident, the manufacturer may be held liable under product liability laws.
Installation Companies
Improper installation that fails to meet safety codes and standards can create dangerous conditions leading to accidents and injuries, making them liable.
Pennsylvania follows the "modified comparative negligence" rule. This means injured parties may still recover damages even if partially at fault, as long as their fault doesn't exceed 50%. However, their compensation will be reduced by their percentage of fault. An attorney can explain how this applies to your specific situation and help navigate claims related to unsafe property conditions.
"Proving liability in elevator and escalator accident cases requires thorough investigation, expert testimony, and a deep understanding of both premises liability law and specific mechanical regulations. This is why having an experienced Elevator Accident Lawyer or Escalator Accident Lawyer is crucial."
Steps to Take After an Elevator or Escalator Accident
If you've been injured in an elevator or escalator accident, taking the right steps immediately can protect your health and your legal rights when filing a claim for lift injury or other damages. These initial actions are vital.
1. Seek Medical Attention
Your health comes first. Even if injuries seem minor, some symptoms may develop later. Medical records are also crucial evidence.
2. Document Everything
Take photos/videos of the scene (malfunctioning elevator/escalator, warning signs or lack thereof), your injuries, and any visible defects or hazards.
3. Gather Witness Information
Collect names and contact information from anyone who witnessed the accident or the conditions leading to it.
4. Report the Accident
Report the incident to the property manager, building security, or owner. Request a copy of the report if one is made.
5. Keep Records
Maintain copies of all medical records, bills, receipts for related expenses, and documentation of lost wages.
6. Contact an Attorney
Consult with an elevator or escalator accident lawyer before speaking with insurance companies or accepting any settlement offers.
Important: Time Limitations Apply in Pennsylvania
In Pennsylvania, the statute of limitations for personal injury claims, including elevator and escalator accidents, is generally two years from the date of the accident.
If you're considering legal action, it's crucial to speak with an attorney as soon as possible to preserve your rights and ensure evidence is collected promptly. This is especially true for complex escalator claims.
Compensation for Elevator & Escalator Accident Victims: Filing a Claim
Victims of elevator and escalator accidents may be entitled to various types of compensation depending on the circumstances of their case and the severity of their injuries. A skilled Elevator Accident Lawyer can help maximize your recovery and ensure all potential damages, including those from long-term disability claims, are considered.
Economic Damages
- Medical expenses (past and future treatment, surgeries, medication)
- Rehabilitation and physical therapy costs
- Lost wages and loss of future earning capacity
- Home modifications for accessibility (e.g., ramps, lifts)
- In-home care expenses
- Medical equipment and assistive devices
Non-Economic Damages
- Pain and suffering (physical and mental)
- Emotional distress and trauma (anxiety, PTSD)
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on spousal relationships)
In cases involving extreme negligence or intentional misconduct by the responsible parties, punitive damages may also be available, though these are less common. Pennsylvania generally does not place caps on compensatory damages in most personal injury cases, allowing victims to pursue full compensation for their losses. If the accident happened while you were injured on the job, workers' compensation might also be a factor, which your attorney can discuss.
Frequently Asked Questions about Elevator and Escalator Accident Claims
In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. However, there may be exceptions. It's best to consult an elevator accident lawyer promptly to understand the specific deadline for your case. Lawsuits for accidents in Luzerne County are filed in the Court of Common Pleas in Wilkes-Barre; Lackawanna County cases are filed in Scranton.
Pennsylvania follows the modified comparative negligence rule. This means you may still recover damages as long as you were 50% or less responsible for the accident. Your compensation will be reduced by your percentage of fault. An escalator accident lawyer can assess how this rule might affect your claim.
At PA Attorney Source, we handle elevator and escalator accident cases on a contingency fee basis. This means you pay no upfront costs or attorney fees. We only get paid if we secure compensation for you.
Important evidence includes maintenance records for the elevator/escalator, inspection certificates, surveillance footage of the incident, witness statements, photographs of the accident scene and your injuries, detailed medical records, and expert testimony regarding safety violations, elevator malfunctions, or mechanical failures.
The timeline for an elevator or escalator accident case varies depending on its complexity, the severity of injuries, the clarity of liability (e.g., clear building owner negligence in an elevator accident), and whether the case settles or proceeds to trial. Some cases settle in a few months, while others, especially those requiring litigation, may take 1-2 years or longer. Your attorney will work to resolve your case as efficiently as possible without shortchanging your compensation.
Usually more than one party. The building owner or property manager is responsible for keeping the equipment safe — and Pennsylvania courts hold elevator and escalator operators to a heightened duty of care, similar to a common carrier. The maintenance company under contract is responsible for the service it performed or skipped, and the manufacturer can be liable for a defective component. Each of these defendants carries its own insurance, which is why we identify every responsible party before presenting a demand.
Yes. Elevators and escalators in Pennsylvania are subject to certification and inspection requirements administered through the state Department of Labor & Industry, and the current certificate is typically posted in or near the equipment. Those certification records — together with the maintenance contractor's service logs and prior violation or shutdown history — are often the heart of the case. We obtain them early, because a missed inspection or a string of unresolved service calls tells the jury exactly why the accident happened.
You likely have two claims. Workers' compensation pays medical bills and partial wages through your employer regardless of fault — but it never pays for pain and suffering. Because the building owner, the elevator maintenance company and the equipment manufacturer are not your employer, you can also bring a full third-party lawsuit against them for all of your damages. This matters for warehouse, hospital and office workers who use freight elevators daily. We coordinate both claims, including the workers' comp insurer's repayment right, so nothing is left behind.
Contact Elevator and Escalator Attorneys
Fill out the form below to schedule your free consultation. A member of our team will contact you shortly to discuss your case.
On This Page
Areas We Serve
Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:
Luzerne County
- Wilkes-Barre
- Hazleton
- Kingston
- Pittston
- Nanticoke · Plymouth · Mountain Top
- All Luzerne County Locations
Lackawanna County
- Scranton
- Dunmore · Carbondale · Clarks Summit · Dickson City
- All Lackawanna County Locations
Dauphin County
- Harrisburg
- Hershey · Middletown · Colonial Park
- All Dauphin County Locations
Reviewed by
Joseph J. Mashinski, Esq.
— Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.