Who is Responsible for Elevator and Escalator Accidents in Georgia?

An elevator or escalator is supposed to be one of the safest parts of a building. When one malfunctions, the results can be serious: a fall down an open shaft, a hand or foot pulled into a moving part, or a sudden drop that throws a rider off balance. If you were hurt in an elevator or escalator accident in Georgia, you may be able to hold a property owner, maintenance company, or manufacturer responsible.

At Marks Law Group, our personal injury attorney helps injured Georgians after these accidents happen in commercial buildings, apartment complexes, hotels, hospitals, and shopping centers across the state.

Who’s Responsible When it Fails?

Georgia law treats elevator and escalator accidents as premises liability or product liability claims, depending on the cause. If poor maintenance, a code violation, or a known hazard caused the accident, the property owner or maintenance contractor may be liable.

If a mechanical defect or design flaw caused it, the manufacturer of the parts may share responsibility. Most injury claims must be filed within two years of the accident under Georgia law.

Related: Marks Law Group has successful experience handling slip and fall accident cases.

Common Causes of Elevator and Escalator Accidents

Elevator and escalator accidents usually fall into a few categories:

• Mechanical failures. Pulley system malfunctions, elevator control malfunctions, or a stop switch that fails to work.
• Door malfunctions. Elevator doors that close on a rider or fail to align with the floor, sometimes causing elevator shaft falls.
• Escalator defects. Missing teeth on the escalator track, a broken comb plate, or loose screws that catch clothing, shoes, or fingers.
• Maintenance issues. Skipped inspections, incomplete maintenance logs, or a maintenance company that ignored a known problem.
• Installation errors. Faulty wiring or improper setup that leads to a mechanical breakdown soon after installation.

A claim may name the building owner, the maintenance contractor, or the manufacturer of a defective part, and more than one may share the blame. Sorting out who is responsible usually means reviewing inspection reports, service reports, and maintenance histories.

The Georgia Clock and Fault Rules

Georgia sets a two-year deadline for most injury claims. Under Georgia Code § 9-3-33, an injured person generally has two years from the date of the accident to file a lawsuit. Missing this deadline can bar a claim entirely, so it helps to act early, even while you are still recovering.

Georgia also uses a modified comparative negligence rule. Under Georgia Code § 51-12-33, an injured person can still recover damages if they are less than 50 percent at fault for the accident, though their recovery is reduced by their percentage of fault. If a property owner argues that a rider ignored a posted warning or misused the equipment, this rule can affect the outcome.

Right After an Accident Happens

If an accident happens, get medical attention, even if the injury seems minor. Many soft-tissue injuries take a day or two to show symptoms. Report the accident to the property manager and ask for an incident report.

Take photos of the elevator or escalator, including any visible defect, warning sign, or missing part. Get the names of any witnesses. Avoid giving a recorded statement to an insurance adjuster before speaking with an attorney.

From Incident Report to Resolution: The Legal Process

After an accident, we follow a few steps through the accident claim process.

1. We gather incident reports, surveillance footage if it exists, and any available maintenance or inspection records.
2. We look at whether the elevator or escalator had a history of safety violations or prior complaints.
3. From there, we deal directly with the property owner’s insurance company, which often tries to minimize the claim or shift blame to the injured person.
4. If a fair resolution isn’t reached, filing a lawsuit may become necessary.

Learn More: You can read about our catastrophic injury attorney in Georgia.

What Can Make a Claim Stronger

No two claims are valued the same way. Factors that can matter include:

• the severity of the injury, whether it caused soft-tissue injuries or something more serious
• the strength of the maintenance and inspection records, and whether the property owner or maintenance contractor had prior notice of a problem.

We can’t promise a specific outcome or dollar amount, since the facts of each case drive the result.

Filing in Decatur and DeKalb County

Elevator and escalator claims in DeKalb County typically proceed through DeKalb County State or Superior Court, depending on the amount at stake and the parties involved. Marks Law Group represents injured clients throughout Decatur, DeKalb County, and statewide across Georgia.

Why Clients Call Attorney Aaron Directly

Aaron Marks personally reviews every case that comes through the office. We work on a contingency basis and offer free case reviews. Our team works closely with clients throughout the process to keep communication clear from the first call to the resolution of the claim.

If you were hurt in an elevator or escalator accident anywhere in Georgia, we’re ready to talk with you about what happened. Call us at (678) 251-9309 for a free case review today.