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Elevator Accident Lawyer in Massachusetts
Elevator accidents are almost always preventable. Attorney Jeffrey C. Lavey holds property owners and elevator companies accountable for failures that injure Massachusetts residents. Free consultation. No fees unless we win.
Elevator Accidents and Liability in Massachusetts
Elevators are complex mechanical systems that require regular inspection, maintenance, and repair to operate safely. Massachusetts law requires that elevators be inspected and certified by the Department of Public Safety, and that building owners maintain their elevators in compliance with applicable safety codes. When an elevator malfunction, maintenance failure, or design defect injures a passenger, multiple parties may be liable, the building owner, the elevator maintenance company, and the manufacturer of any defective component. Attorney Jeffrey C. Lavey represents elevator accident victims throughout Massachusetts.
Common Elevator Accident Scenarios
- Sudden drops or free falls caused by mechanical failure of the hoisting system
- Misleveling: where the elevator stops above or below the floor level, creating a trip hazard
- Door entrapment: doors that close on passengers before they have fully exited
- Door reopening failures: sensors that fail to detect a person in the doorway
- Entrapment between floors when the elevator stops mid-shaft
- Sudden lurching or acceleration that throws passengers inside the car
- Falls into an open elevator shaft when a door opens with no car present
Building Owner Responsibility
The building owner or property manager is responsible for ensuring that elevators on the property are properly maintained, that required inspections are conducted and certificates are current, and that any known defects are repaired promptly. A building owner who allows an elevator with known maintenance issues to continue operating, or who fails to conduct required maintenance, is directly negligent in addition to potentially being vicariously liable for the elevator maintenance company’s failures.
Elevator Maintenance Company Liability
Most commercial elevator systems are maintained under service contracts with specialized elevator maintenance companies. When an elevator accident is caused by inadequate maintenance, failure to lubricate components, failure to replace worn parts, failure to identify and address developing mechanical problems, the maintenance company bears professional liability for that maintenance failure. Attorney Lavey obtains and reviews all service records, inspection reports, and maintenance logs in every elevator accident case.
Manufacturer and Installer Liability
When an elevator component fails due to a manufacturing defect or design flaw, the manufacturer of that component may be liable under product liability law. When improper installation creates a structural or mechanical hazard, the installing company may bear installation liability. Attorney Lavey evaluates all potentially responsible parties, building owner, maintenance company, and manufacturer, in every elevator accident case.
Frequently Asked Questions
Responsibility depends on the specific cause of the accident. The building owner is responsible for the overall maintenance program and inspection compliance. The elevator service company is responsible for the quality of maintenance performed. The component manufacturer is responsible for any defects in specific parts. All three may share responsibility, and all three are potential defendants in an elevator accident lawsuit. Attorney Lavey investigates all three levels of responsibility in every case.
Misleveling, where the elevator floor does not align with the building floor, is a recognized elevator defect that creates a foreseeable trip hazard. It is the responsibility of the building owner and elevator maintenance company to ensure the elevator stops at floor level. A mistrip caused by misleveling that results in injury is a clear case of elevator negligence. Attorney Lavey handles misleveling trip and fall cases as elevator accident claims.
The elevator itself is the critical evidence and should not be repaired before it can be inspected by an elevator engineering expert. The building’s elevator inspection records, service contracts, and maintenance logs must be preserved. Any security camera footage showing the accident or the events leading up to it must be requested immediately. Attorney Lavey issues preservation demands for all of this evidence the day he is retained.
If an elevator malfunction trapped you between floors and the effort to exit caused your injury, the building owner and elevator maintenance company may be liable for the malfunction that created the situation. If emergency personnel caused your injury during a rescue, different considerations apply. Attorney Lavey evaluates the full sequence of events in every elevator entrapment injury case.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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