Elevators and escalators are everywhere in Las Vegas. Thousands of people use them to move up and down in casinos, hotels, shopping malls, and other commercial properties. Most of the time, they work exactly as they should. But when something goes wrong, the results can be serious.
Elevator and escalator accidents can lead to painful and sometimes life-changing injuries. These accidents aren’t always random. In many cases, they only occur due to negligence by the companies responsible for keeping these systems safe, such as poor maintenance or faulty equipment.
If you were hurt in an elevator or escalator accident in Las Vegas, you may have legal options. An experienced Las Vegas elevator and escalator injury lawyer from the Cottle Firm can help you figure out what went wrong, who’s responsible, and what kind of compensation you may be entitled to. Call us today at 702-722-6111 to learn more about your legal options in a free consultation.
Common Causes of Elevator and Escalator Accidents
Elevators and escalators are complex machines with many moving parts. When they’re designed well and properly maintained, they’re generally safe. But if something goes wrong, people can get seriously hurt. Here are some of the most common causes of elevator and escalator accidents in Las Vegas.
Elevator Accidents
Elevator accidents can happen in numerous ways, but they often come down to problems that should have been caught or fixed ahead of time. Some of the most common causes include:
- Sudden drops or stops: A malfunctioning control system or mechanical failure can cause the elevator to stop abruptly or fall between floors. Passengers may be thrown off balance and suffer injuries as a result.
- Misleveling: When an elevator doesn’t stop evenly with the floor, people can trip or fall while entering or exiting. Misleveling is especially dangerous for older adults and people with mobility issues.
- Door malfunctions: If the doors close too quickly or fail to detect someone in their path, they can hit passengers or trap body parts or clothing.
- Entrapment: Faulty electronics or power failure can leave people trapped in an elevator for extended periods, which can be both physically and emotionally traumatic.
- Electrical or control issues: Errors in wiring or faulty buttons and sensors can cause the elevator to move erratically or leave the car inoperable between floors.
Escalator Accidents
Escalators can also cause serious harm when an accident occurs. Common causes of escalator injuries include:
- Sudden stops or reversals: If an escalator’s motor or brakes fail, it may come to a jarring stop or suddenly reverse direction. This can cause people to lose their footing and fall.
- Broken or missing steps: A damaged step or gap between steps can easily trip someone, especially if they’re distracted or carrying luggage or shopping bags.
- Entrapment hazards: Loose shoelaces and long clothing can get caught in the sides, comb plates, or moving parts of an escalator.
- Poor maintenance or debris: Escalators must be regularly cleaned and inspected. Trash, spills, or worn-out components can all increase the risk of a fall or entrapment.
- Overcrowding: During peak hours, too many people packed onto an escalator can lead to accidents.
Types of Injuries Suffered
Elevator and escalator accidents can cause a wide range of injuries, from relatively minor to life-altering. The nature and severity of the injury often depend on how the accident happened and the person’s age, health, and physical condition at the time.
Here are some of the most common injuries associated with elevator and escalator accidents in Las Vegas hotels, casinos, and other commercial properties.
Broken Bones
Falls on escalators and elevators can easily lead to fractures. Wrists, ankles, and hips are especially vulnerable when someone tries to catch themselves while falling. Older adults are at a greater risk of serious fractures, which can require surgery and lengthy rehabilitation.
Head and Brain Injuries
Falls on hard surfaces like elevator floors or metal escalators can lead to head injuries. A blow to the head might result in everything from a mild concussion to a severe traumatic brain injury (TBI). These injuries can have lasting effects on memory, mood, and cognitive function.
Spinal Cord Injuries
Spinal cord injuries can occur when someone falls down an escalator or drops several feet in a malfunctioning elevator. Spinal injuries can range from herniated discs to partial or complete paralysis, depending on the severity of the trauma.
Lacerations and Deep Cuts
Sharp cuts and lacerations are especially common in escalator accidents. These often occur when body parts or clothing get caught in moving parts or exposed machinery. Deep cuts may require stitches or surgery and can leave permanent scarring.
Crush Injuries and Amputations
While rare, severe accidents involving entrapment in an escalator’s moving parts or between elevator doors can cause crush injuries. In the most extreme cases, fingers, toes, or even limbs may be so badly damaged that amputation becomes necessary.
Soft Tissue Injuries
Even when bones aren’t broken, elevator and escalator accidents can cause sprains, strains, and torn ligaments. These soft tissue injuries often affect the neck, shoulders, knees, and back. Though they may not seem serious at first, they can take weeks or months to fully heal and may affect mobility and quality of life.
Liability in Elevator and Escalator Accidents
When someone is injured in an elevator or escalator accident, it’s important to determine who’s responsible. The property owner, maintenance crew, manufacturer, and other parties may each have a role to play in keeping things safe. Determining liability depends on how the accident happened and whether any party failed to meet their legal responsibilities.
Property Owners and Operators
Most Las Vegas elevator and escalator accidents happen on private property, such as resorts, casinos, and retail complexes. Under Nevada premises liability law, property owners have a legal duty to keep their premises reasonably safe for guests.
This includes ensuring elevators and escalators are in good working condition and free from known hazards. Property owners must also abide by the elevator safety regulations set forth in Chapter 455C of the Nevada Administrative Code (NAC).
If an owner fails to inspect, maintain, or repair a dangerous condition and someone gets hurt as a result, they can be held liable for the injury.
Maintenance Companies
Hotels and casinos often hire third-party companies to service and inspect their elevators and escalators. If a maintenance crew fails to identify a worn-out part, ignores signs or mechanical trouble, or performs substandard repairs, their negligence could directly lead to an accident. In these cases, the maintenance company may share legal responsibility.
Manufacturers and Installers
Some accidents are caused by defective parts or flawed designs. If the elevator or escalator had a manufacturing defect or design flaw that made it unreasonably dangerous, the company that made or installed the equipment could be held liable under product liability laws.
Government Entities
In rare cases, a person might be injured on an elevator or escalator located in a public building, such as a government facility. If the accident was caused by poor maintenance or a known hazard on public property, a city or county agency could be legally responsible. However, claims against government entities involve special rules and shorter filing deadlines, so it’s important to act quickly.
Proving Negligence for an Elevator or Escalator Injury
To recover compensation after an elevator or escalator accident, the injured person must typically prove that someone else’s negligence caused the accident. That means showing that a person or company had a legal duty to prevent harm and failed to do so. While this may sound straightforward, proving negligence can be complicated.
Note that Nevada also follows a comparative negligence standard under NRS 41.141, meaning both parties are evaluated for negligence after an accident. The injured party may file a claim if they are deemed to be less than 50% at fault, but any financial award will be reduced by their percentage of fault.
Duty of Care
The first step in any negligence case is establishing that the defendant had a legal duty to act with reasonable care. For example, property owners are expected to keep common areas (including elevators and escalators) safe for guests. Maintenance companies have a duty to inspect and service equipment properly. Manufacturers must ensure that their products are reasonably safe for use.
Breach of Duty
Next, the plaintiff must show that the defendant failed to meet their duty of care. Common examples include skipping regular safety inspections, ignoring known defects, hiring unqualified technicians, or using faulty replacement parts. In product liability cases, a breach might involve selling or installing a defective component.
Causation
It’s not enough to show that someone was careless: their actions (or inaction) must have directly caused the accident. For example, if a hotel failed to repair a misleveling elevator and a guest tripped and fell as a result, that’s a clear link between the breach and the injury. An experienced attorney will work to prove causation through evidence like maintenance records, surveillance footage, and inspection logs.
Damages
Finally, the injured person must demonstrate that they suffered actual harm, such as physical injuries, emotional distress, lost wages, and medical expenses. Medical records, employment documents, and personal testimony can all be used to show the extent of the damages.
What to Do After an Elevator or Escalator Accident
It can be hard to think clearly in the moments after an elevator or escalator accident, especially if you’re in pain. But the steps you take right away can affect your health, your recovery, and any legal claim you may decide to pursue. Here’s what you should do if you or a loved one is injured in one of these accidents.
Seek Medical Attention
Your health is the top priority. Even if your injuries seem minor at the time, get checked out by a doctor as soon as possible. Some injuries may not show symptoms right away but can worsen quickly if left untreated. Medical records from this initial visit will also serve as evidence in your case.
Report the Incident
Report the incident to someone in charge right away, such as hotel security or casino staff. Ask them to make a written report and request a copy for your records. If there’s a delay in reporting the accident, the property owner or their insurance company may later argue that your injuries weren’t caused by their equipment.
Document Everything
Take photos of the scene, including any visible damage to the elevator or escalator, broken steps, poor lighting, warning signs (or lack of them), and your injuries. If anyone witnessed the accident, try to get their names and contact information. These details may be useful when building your case later on.
Avoid Giving Recorded Statements
Insurance companies may reach out quickly to get your version of events. Be cautious. Do not agree to give a recorded statement or sign anything without speaking to a Las Vegas personal injury lawyer first. These statements can be used against you to minimize or deny your claim.
Compensation Available to Elevator & Escalator Injury Victims
If you’ve been injured in an elevator or escalator accident, you may be facing a pile of medical bills, time away from work, and a lot of physical and emotional pain. A personal injury claim can help you recover compensation for these and other losses. The exact amount depends on the details of your case, but in general, victims may be entitled to both economic and non-economic damages. In rare cases, punitive damages may also be on the table.
Economic Damages
These are tangible financial losses you’ve suffered because of your injury, such as:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Rehabilitation and assistive devices
Non-Economic Damages
These damages aren’t as easy to quantify, but they can majorly affect your quality of life:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
Courts may award punitive damages in rare cases involving gross negligence or intentional harm, such as knowingly ignoring a dangerous mechanical issue. These aren’t meant to compensate the victim, but to punish the wrongdoer and discourage similar behavior in the future.
Discuss Your Case With a Las Vegas Elevator & Escalator Injury Lawyer
An elevator or escalator accident can leave you struggling with painful injuries, mounting medical bills, lost income, and other personal and financial difficulties. If your injuries were caused by the negligence of a property owner, maintenance company, manufacturer, or another party, you have the right to seek compensation. Our experienced Las Vegas elevator and escalator injury lawyers are here to guide you through the legal process. Contact the Cottle Firm today at 702-722-6111 for a free consultation and find out how we can help you move forward.