In the towering hotels and sprawling casinos of Las Vegas, elevators and escalators are essential for moving millions of people every day. We use them without a second thought, trusting that they are safe. When they malfunction, however, they can cause horrific injuries. These cases are complex because they can involve negligence on the part of both the property owner and the company contracted to maintain the equipment.
Common Causes of Elevator and Escalator Accidents
These accidents are almost always preventable and stem from mechanical failure or poor maintenance. Common causes include:
- Misleveling: The elevator fails to stop level with the floor, creating a serious trip-and-fall hazard.
- Sudden Drops or Stops: An abrupt, unexpected movement can throw passengers to the floor, causing fractures and other impact injuries.
- Door Malfunctions: Doors that close unexpectedly on a person, or doors that fail to open, trapping passengers inside.
- Entrapment: Clothing, shoes, or limbs can get caught in the gaps between escalator steps or between the steps and the side wall.
- Falls from Escalators: Sudden jerks or missing steps can cause passengers to lose their balance and fall.
Determining Liability: A Two-Pronged Approach
Liability in these cases can be complicated. An investigation will typically focus on two main parties:
- The Property Owner (Hotel/Casino): The owner has a "non-delegable duty" to keep their premises safe. This means they are ultimately responsible for the safety of their elevators and escalators, even if they hire an outside company for maintenance. They can be held liable if they knew or should have known about a problem and failed to address it.
- The Maintenance Company: The company contracted to inspect, service, and repair the equipment can be held liable if they performed negligent work, used substandard parts, or failed to identify and fix a dangerous condition during their inspections.
An experienced personal injury attorney will often file a claim against both parties. They will obtain all maintenance logs, inspection reports, and work orders for the specific elevator or escalator involved to determine where the failure occurred and who is responsible for the resulting injuries.