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Elevator & Escalator Accident Lawyers in Wilkes-Barre & Northeastern PA

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Read by Joseph J. Mashinski, Esq., Pennsylvania attorney since 2005 (PA ID 201414). We respond within one hour.

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.

Attorney reviewing a client's injury case file

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

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Read by Joseph J. Mashinski, Esq., Pennsylvania attorney since 2005 (PA ID 201414). We respond within one hour.

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

Lackawanna County

Dauphin County

Joseph J. Mashinski, Esq.

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.

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