Imagine this: You’re in a hurry, trying to get to a meeting on the 15th floor of a Denver office building. You step into the elevator, press your button, and suddenly the car jerks to a stop between floors. The lights flicker, you hear grinding metal, and you’re stuck. Or maybe you’re at Cherry Creek Mall with your kids, stepping onto an escalator when it suddenly speeds up or stops dead, sending you tumbling forward.
These aren’t just scary thoughts – they actually happen more often than you might think, right here in Denver. And when they do, the injuries can be really serious. I’ve spent years helping people who’ve been hurt by faulty elevators and escalators, and believe me, these cases are tricky. They really need someone who knows their stuff.
The Scoop on Elevator and Escalator Accidents in Denver
Here’s a little fact that might surprise you: Denver sees dozens of elevator and escalator accidents every year. We’re talking about everything from small cuts and bruises to life-altering injuries like traumatic brain injuries, spinal cord damage, and even tragic wrongful death cases.
The thing is, most folks just assume these machines are totally safe. You push a button, and you get where you’re going, right? Nope. These are super complex mechanical systems with thousands of moving parts, and when even one of those parts acts up, people get hurt.
Why Denver’s Unique Challenges Matter
Denver has some specific quirks that can make elevator and escalator accidents more likely. First off, we get wild weather swings – from scorching summer heat to bone-chilling winter cold. That kind of extreme temperature change can really mess with mechanical systems. Metals expand and contract, and that can lead to parts failing.
Second, our city is growing like crazy. New buildings are popping up everywhere, and older ones are either getting updated or, sadly, not maintained well enough to keep up with demand. When building owners cut corners on maintenance to save a few bucks, accidents are just waiting to happen.
And don’t even get me started on our altitude. Being a mile high affects how machinery runs. Air pressure differences can impact hydraulic systems, and the dry air can make components wear out faster than they would at sea level. It all adds up!
What Happens When Machines Go Wrong: Understanding Mechanical Failure
Let me walk you through the most common types of mechanical problems I see. Knowing these can help you realize when an accident wasn’t just “bad luck,” but actually happened because someone was careless.
Elevator Problems
Cables and Pulley Systems Breaking Down
Modern elevators rely on super strong steel cables – usually a bunch of them for safety. But cables can fray, snap, or get out of whack. I once handled a case where a woman fell three floors because two of the four cables holding her elevator car failed. The building owner hadn’t replaced the cables in over 15 years, even though the manufacturer said to check them every year and replace them every 10-12 years. Big problem!
Door System Malfunctions
Elevator doors are supposed to open and close smoothly, and they should never close if something’s in the way. But door sensors can fail, motors can burn out, and sometimes safety features get bypassed. I’ve seen people get their arms crushed, fingers cut off, and even get trapped because door systems weren’t kept up properly.
Control System Glitches
Modern elevators are run by computer systems that control everything from picking your floor to emergency stops. When these systems glitch, elevators can shoot past floors, drop suddenly, or get stuck. One of my clients was trapped for six hours in a downtown office building because the control system failed, and the emergency call system was broken too.
Brake System Issues
Elevators have several brake systems designed to prevent free falls. When these don’t work, the results are awful. I worked on a case where an elevator’s emergency brake system had been disconnected during “routine maintenance” and never properly hooked back up. When the main system failed, there was nothing to stop the car from dropping four floors.
Escalator Problems
Step and Chain Issues
Escalator steps are connected by chains and powered by motors. When chains break or steps aren’t lined up right, people can get thrown off balance or have their feet caught. I represented a teenager whose foot was badly mangled when an escalator step collapsed because the chain connecting it had worn down to almost nothing.
Handrail Problems
Those moving handrails aren’t just for decoration – they’re supposed to move at the exact same speed as the steps. When they don’t, people lose their balance and fall. Handrails can also snap, leaving sharp metal edges that can cause serious cuts.
Speed Control Gone Wild
Escalators are designed to move at a specific, safe speed. But when speed control systems fail, escalators can suddenly speed up or slow down, making people lose their footing. I’ve seen cases where escalators were moving 30% faster than they should have been because speed governors were improperly adjusted.
Emergency Stop Button Not Working
Every escalator should have easily accessible emergency stop buttons that immediately halt the machine. But these systems can fail or not be maintained right. When someone falls and others try to stop the escalator to prevent more injury, a non-working emergency stop can turn a minor accident into a major tragedy.
The Legal Side: Who’s Really Responsible?
Here’s where things get interesting from a legal point of view. When you’re hurt in an elevator or escalator accident, figuring out who’s at fault can feel like solving a puzzle with pieces scattered all over the place.
Property Owners: The Buck Stops Here
Most of the time, the building owner is the main one responsible for elevator and escalator safety. This includes:
Keeping Things Maintained
Property owners are required to maintain elevators and escalators according to the manufacturer’s instructions and local building rules. This isn’t optional – it’s legally required. When they skip inspections, put off repairs, or hire cheap, unqualified maintenance companies, they’re setting themselves up for big trouble.
I had a case involving a tall apartment building in Capitol Hill where the property management company had been ignoring elevator maintenance for three years. They kept putting off repairs because “the elevators still worked.” When one finally failed and badly injured a resident, we found a maintenance log that read like a horror story – worn cables, faulty door sensors, and an emergency call system that hadn’t worked in months.
Following the Rules
Denver has specific building codes that cover elevator and escalator safety. Building owners must keep their systems up to current code standards, and when codes change, they might need to update older systems. Ignoring these rules isn’t just risky – it’s against the law.
Maintenance Companies: When the Pros Mess Up
Many building owners hire specialized companies to take care of their elevators and escalators. When these companies do a sloppy job, they can be held responsible for accidents that happen.
Bad Repairs
I’ve seen cases where maintenance companies used cheap, non-standard parts, skipped safety checks, or installed things incorrectly. In one memorable case, a maintenance company had been using generic parts instead of the ones the manufacturer specified to save money. When a generic brake part failed, it caused a serious accident that could have been prevented with the right parts.
Poor Inspections
Maintenance companies are supposed to thoroughly inspect elevators and escalators during regular service calls. When they just sign off on inspections without actually checking important parts, they’re putting people at risk. I represented a family whose elderly father was killed when an escalator step collapsed. The maintenance company had been marking the step chains as “satisfactory” for months without actually looking at them.
Manufacturers: When Design Meets Disaster
Sometimes the problem isn’t maintenance – it’s how the elevator or escalator was designed or built in the first place. When manufacturers make faulty equipment or don’t warn about known dangers, they can be held responsible under product liability laws.
Design Flaws
Some elevator and escalator accidents happen because the equipment was poorly designed from the start. Maybe the safety systems aren’t good enough, or the design creates unnecessary dangers. These cases can be tough because you’re usually going up against huge corporations with deep pockets and lots of lawyers.
Building Defects
Even well-designed elevators and escalators can be dangerous if they’re made wrong. Faulty parts, bad quality control, or assembly mistakes can create dangerous conditions that don’t show up until the equipment has been used for months or years.
Not Warning People
Manufacturers have a duty to warn property owners and maintenance companies about potential dangers and how to properly maintain their products. When they don’t provide good warnings or instructions, they can be held responsible for accidents that happen.
The Injuries: When Rides Turn Dangerous
The injuries I see from elevator and escalator accidents range from minor to life-threatening. Let me tell you about the most common types and what they mean for injury claims.
Head Injuries
Head injuries are sadly common in elevator and escalator accidents. When people fall or get thrown around in a malfunctioning elevator, they often hit their heads on walls, doors, or the floor. Escalator accidents frequently result in head injuries when people tumble down moving steps.
I represented a woman who suffered a severe brain injury when an elevator dropped suddenly and then stopped hard. She was thrown against the ceiling and then slammed down onto the floor. Her medical bills were over $800,000, and she’ll need ongoing care for the rest of her life.
The Hidden Costs of Brain Injuries
What many people don’t realize is that brain injuries often have effects that don’t show up right away. Thinking problems, personality changes, and memory issues can pop up weeks or months after the accident. That’s why it’s so important to work with attorneys who understand the long-term impact of these kinds of injuries.
Spinal Cord Injuries
The sudden jolts and falls from elevator and escalator accidents can cause serious spinal cord damage. I’ve seen everything from slipped discs to complete spinal cord breaks that lead to paralysis.
Compression Fractures
When elevators drop suddenly or stop hard, the force on passengers’ spines can be huge. I worked on a case where a man suffered multiple broken bones in his spine when an elevator fell two floors before the emergency brakes kicked in. He’ll need multiple surgeries and may never walk normally again.
Crushing Injuries
Elevator doors can exert a lot of force – sometimes thousands of pounds of pressure. When safety features fail, people can suffer devastating crushing injuries to arms, legs, hands, or even their whole bodies.
I’ll never forget a case involving a child whose arm got caught in an elevator door. The safety sensors had been disconnected during maintenance and never reconnected. The door closed with such force that it caused permanent nerve damage and required multiple reconstructive surgeries.
Cuts and Amputations
Escalators, in particular, can cause severe cuts and even lost limbs. The moving parts, sharp edges, and powerful motors can catch clothing, shoelaces, or body parts with terrible results.
The Shoelace Trap
One of the most common escalator accidents involves shoelaces or loose clothing getting caught in the machinery. What starts as a minor tangle can quickly become a serious injury as the powerful motors keep pulling. I’ve handled several cases where children suffered severe foot and ankle injuries because their shoelaces got caught in escalator mechanisms.
Psychological Trauma
Don’t underestimate the emotional impact of elevator and escalator accidents. Many of my clients develop claustrophobia, anxiety, or post-traumatic stress disorder after being trapped in elevators or hurt on escalators.
I represented a businessman who was trapped in a downtown elevator for eight hours during a power outage. The emergency call system wasn’t working, and he truly thought he was going to die. Even after he was rescued physically unharmed, he developed severe claustrophobia and couldn’t go back to work in his high-rise office building. The emotional damages in his case were actually larger than any physical injury would have been.
Building Your Case: What We Need to Show
If you’ve been hurt in an elevator or escalator accident, building a strong legal case means proving a few key things. Let me explain what we need to establish to hold the responsible parties accountable.
Showing a Duty of Care
First, we need to prove that the person or company we’re suing (the “defendant,” whether it’s the building owner, maintenance company, or manufacturer) had a responsibility to keep you safe. This is usually the easy part – building owners clearly have a legal duty to maintain safe premises, and maintenance companies have professional obligations to their clients.
Who You Were Matters (A Little)
Your legal status when you were injured matters somewhat. If you were a business visitor (like a customer in a store or an office visitor), you’re owed the highest level of care. If you were a social guest, the duty is a bit lower. But in elevator and escalator cases, most people are business visitors, which works in your favor.
Proving They Messed Up
This is where things get a bit more involved. We need to show that the defendant failed to meet their responsibility to keep you safe. This might involve:
Maintenance Records
Getting a hold of maintenance and inspection records is often key. These papers can show whether the defendant was properly maintaining the equipment or cutting corners. I’ve won cases based on maintenance logs that showed obvious problems were ignored for months.
Building Rule Violations
If we can show that the elevator or escalator wasn’t up to current building codes, or that required inspections weren’t done, that’s strong proof that they messed up.
Expert Opinions
In cases where machines fail, we almost always need experts who can examine the equipment and explain what went wrong. These experts can talk about industry standards, proper maintenance procedures, and how the defendant’s actions fell short.
Connecting the Dots: Causation
We need to prove that the defendant’s mistake actually caused your injuries. This can be tricky in mechanical failure cases because there might be several things that contributed.
The Direct Link
It’s not enough to show that the defendant was careless – we need to prove that their carelessness was a direct cause of your injuries. For example, if an elevator hadn’t been inspected in two years and then broke down, causing your injuries, we can establish that direct link. But if the elevator was properly maintained and failed because of an unexpected manufacturing defect, connecting the dots gets more complicated.
What You’ve Lost: Damages
Finally, we need to document all the ways you’ve been hurt or lost out. This includes:
Medical Bills
All your medical bills, from the emergency room to ongoing therapy. Don’t forget about future medical expenses – if you’ll need ongoing treatment, we need to include those costs in your claim.
Lost Income
If you’ve missed work because of your injuries, you’re owed money for lost wages. We also need to think about lost earning potential if your injuries will affect your ability to work in the future.
Pain and Suffering
Physical pain, emotional distress, and not being able to enjoy life like you used to are all things you can get money for. These can be pretty substantial in serious injury cases.
Damaged Property
Don’t forget about damaged clothing, jewelry, or other personal items. While these damages are usually small compared to personal injuries, they’re still part of your claim.
The Investigation Process: Uncovering the Truth
When I take on an elevator or escalator accident case, the investigation is absolutely essential. Evidence can disappear fast, witnesses forget details, and mechanical systems get fixed or replaced. Here’s how we build a strong case.
Immediate Scene Documentation
The first day or two after an accident are super important. We need to get everything documented before it gets changed or “fixed.”
Photos and Video
We take tons of photos of the accident scene, including the elevator or escalator, any visible damage, warning signs (or lack thereof), and the area around it. If we can, we also try to get video of the equipment as it was right after the accident.
I once had a case where an escalator had been making weird noises for weeks before it finally broke down and hurt my client. We were able to get security camera footage showing the escalator jerking and hesitating in the days leading up to the accident, which proved the building owner knew or should have known about the problem.
Witness Statements
Witnesses can vanish quickly, and memories fade. We try to talk to witnesses as soon as possible while their memories are fresh. In one case, a maintenance worker who saw an elevator accident gave us key information about shortcuts his company had been taking to save time.
Maintenance and Inspection Records
Getting a hold of maintenance records can make or break a case. These papers tell the story of how well (or poorly) the equipment was being maintained.
What We Look For
- How often inspections happened
- What kinds of repairs were done
- Which parts were replaced (or should have been)
- Any problems or concerns that were noted
- If they followed the manufacturer’s suggestions
- Training records for maintenance staff
Reading Between the Lines
Sometimes what’s not in the maintenance records is just as important as what is. Missing inspection dates, vague repair descriptions, or obvious problems that were noted but not fixed can all be proof of carelessness.
Expert Analysis
In cases where machines fail, expert help is usually a must-have. We work with engineers, elevator/escalator technicians, and safety experts who can analyze the equipment and explain what went wrong.
Testing Parts
Sometimes we need to have parts of the equipment tested to figure out what caused the failure. This might mean taking apart motors, looking at metal fatigue in cables, or testing electronic control systems.
Industry Standards
Our experts can talk about industry standards and how the defendant’s actions (or lack of action) didn’t meet those standards. This is especially important in cases involving maintenance companies or manufacturers.
Common Defense Strategies and How We Handle Them
The other side won’t just roll over in these cases. They have their own set of defense tricks, and knowing what’s coming helps us get ready from day one.
“It Was an Act of God”
Defendants often try to claim that mechanical failures are unpredictable “acts of God” that no one could have prevented. This is usually just plain nonsense.
Our Response
Mechanical systems don’t just randomly break down – there are usually warning signs that were ignored. Good maintenance and inspection programs are designed to catch problems before they cause accidents. When defendants claim an accident was unforeseeable, we dig into maintenance records to show all the red flags they ignored.
“The Victim Was at Fault”
This is a classic defense – blame the person who got hurt. They’ll claim you were using the elevator or escalator wrong, not paying attention, or somehow contributed to your own injuries.
How Fault Works in Colorado
Colorado has a rule called “modified comparative negligence.” This means that if you’re found to be partly at fault for your accident, the money you get will be reduced by your percentage of fault. If you’re more than 50% at fault, you can’t recover anything.
Our Approach
We focus on the defendant’s responsibility to make their property safe, even for people who might be a little careless. Elevators and escalators are supposed to be designed with safety systems that protect people even when they make mistakes. If someone trips on an escalator, the emergency stop systems should prevent serious injury. If those systems don’t work, that’s not the victim’s fault.
“The Equipment Met Code Requirements”
Defendants often argue that as long as their equipment met the basic building code requirements, they shouldn’t be responsible for accidents.
Why This Doesn’t Fly
Building codes set minimum standards, not the highest ones. Just because something meets code doesn’t mean it’s safe or properly maintained. We argue that building owners have a duty to maintain their equipment according to manufacturer instructions and industry best practices, not just the bare minimum code requirements.
“It Was the Maintenance Company’s Fault”
Building owners often try to shift the blame to maintenance companies, saying they relied on professionals and shouldn’t be held responsible for the contractors’ mistakes.
You Can’t Just Pass the Buck
While building owners can hire maintenance companies, they can’t completely hand off their ultimate responsibility for tenant and visitor safety. We argue that property owners have non-transferable duties to maintain safe premises, no matter who they hire to do the actual work.
Working with McCormick & Murphy: What Makes Us Different
When Kirk McCormick and Jay Murphy started our firm back in 1995, they brought something special to Denver’s legal scene – a mix of technical know-how and genuine care for clients that’s pretty rare in this business.
Our Technical Approach
Here’s what sets us apart in elevator and escalator cases: we actually understand the machinery. While a lot of personal injury attorneys treat these cases like any other fall, we know that mechanical failure cases need specialized knowledge.
Engineering Mindset
We work closely with mechanical engineers and elevator/escalator experts who help us understand exactly what went wrong. But beyond that, we’ve developed our own deep understanding over the years. We can look at maintenance records and spot problems that other attorneys might miss.
Manufacturer Know-How
Different elevator and escalator manufacturers have different common ways of failing. Otis elevators have certain typical problems, Schindler escalators have others. We’ve built up a database of knowledge about common defects and maintenance issues with different brands and models.
Our Investigation Resources
Quick Response Team
When you call us about an elevator or escalator accident, we can have investigators on the scene within hours. We’ve got connections with photographers, engineers, and other experts who can help us save evidence before it disappears.
National Expert Network
Some elevator and escalator cases need specialized experts who might not be available locally. We’ve built relationships with top experts across the country who can provide testimony in complex mechanical failure cases.
The Personal Touch
What truly makes us different is how we treat our clients. We know that being injured in an elevator or escalator accident is traumatic, and we’re here to guide you through both the legal process and your recovery.
No Fee Unless We Win
Like most personal injury cases, we handle elevator and escalator accident cases on a contingency fee basis. That means you don’t pay attorney fees unless we recover money for you. If we don’t win your case, you don’t owe us anything for our time.
Personal Attention
When you work with McCormick & Murphy, you’re not just another case number. Kirk and Jay personally handle major cases, and you’ll have direct access to your attorney throughout the process. We’re located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, and we’re always happy to meet with clients in person.
The Claims Process: What to Expect
If you’ve been injured in an elevator or escalator accident, here’s what you can expect when we handle your case.
Initial Chat
The first step is a good look at your case. We’ll want to know:
- Exactly what happened
- When and where the accident occurred
- What injuries you got
- What medical treatment you’ve received
- Whether you’ve talked to any insurance companies
Free Consultation
We offer free consultations for potential clients. During this meeting, we’ll check out how strong your case is and explain your legal options. There’s no pressure to hire us.
Investigation Phase
Once you hire us, we immediately start digging into your case. This includes:
- Documenting the accident scene
- Gathering maintenance and inspection records
- Talking to witnesses
- Consulting with experts
- Reviewing your medical records and treatment
Saving Evidence
One of the first things we do is send a “spoliation letter” to all the parties who might be responsible. This legal document tells them they must save all evidence related to your accident, including maintenance records, security camera footage, and the equipment itself.
Medical Treatment and Documentation
Getting You the Care You Need
Your health is the top concern. We can help you find the right medical care if you’re having trouble getting treatment. We also work with your doctors to make sure all of your injuries are properly written down.
Medical Liens
If you don’t have health insurance or if your insurance doesn’t cover all of your treatment, we can often arrange for medical providers to treat you on a lien basis. This means they’ll wait to get paid until your case is resolved.
Demand and Negotiation
Once your condition has stabilized (meaning you’ve reached “maximum medical improvement”), we’ll put together a detailed demand package for the insurance companies. This includes:
- A full account of the accident
- Medical records and bills
- Expert reports
- Paperwork showing lost wages
- A demand for settlement
The Negotiation Process
Most elevator and escalator accident cases settle out of court, but that doesn’t mean the insurance companies make it easy. We’re ready to negotiate hard to get you the money you deserve.
Going to Court if Needed
If we can’t reach a fair settlement, we’re ready to take your case to court. Our trial experience in complex mechanical failure cases gives us an edge in negotiations and the ability to win at trial if necessary.
Settlement vs. Trial: Making the Right Call
One of the most important decisions in any personal injury case is whether to settle or go to trial. Each choice has its good points and bad points, and the right decision depends on the specific details of your case.
The Good Things About Settling
Certainty
When you settle a case, you know exactly what you’re getting. There’s no risk of losing at trial or getting a verdict that’s less than the settlement offer.
Speed
Settlements can happen pretty quickly, while trials can take years. If you need money for medical bills or living expenses, settling might be the better choice.
Privacy
Settlement agreements are usually private, while court proceedings are public. Some clients prefer to keep their personal information out of the spotlight.
Lower Costs
Trials are expensive. Expert witness fees, court costs, and other legal expenses can add up fast. These costs are taken out of any money you get from a verdict.
When Going to Trial Makes Sense
Lowball Offers
If the insurance companies aren’t offering fair money, trial might be your only option to get what you deserve.
Punitive Damages
In cases where someone acted really badly, you might be able to get extra money called punitive damages, which are usually only available through a trial.
Setting a Precedent
Sometimes taking a case to trial can help prevent similar accidents in the future by setting important legal examples.
Our Recommendation
We’ll never pressure you to settle or go to trial. Instead, we’ll give you all the information you need to make a smart decision:
- The strengths and weaknesses of your case
- Realistic settlement amounts based on similar cases
- How likely you are to win at trial
- The possible costs and time involved in going to court
Preventing Future Accidents: What Building Owners Should Know
While my job is helping accident victims, I also believe in preventing accidents before they happen. If you own a building with elevators or escalators, here’s what you need to know to keep your tenants and visitors safe.
Best Practices for Maintenance
Follow the Rules
Don’t cut corners on maintenance. Stick to the manufacturer’s suggested maintenance schedule, use approved parts, and hire qualified technicians.
Document Everything
Keep detailed records of all maintenance, repairs, and inspections. These records not only help you track your equipment’s condition but also offer legal protection if an accident occurs.
Fix Problems Fast
When maintenance technicians find problems, fix them right away. Don’t put off repairs to save money – the cost of an accident lawsuit will be way more than any maintenance savings.
Regular Inspections
Professional Eyes
Have your elevators and escalators inspected by qualified professionals regularly. Don’t just rely on your maintenance company – consider hiring independent inspectors sometimes.
Daily Visual Checks
Train your staff to do daily visual checks of elevators and escalators. They should look for obvious problems like strange noises, jerky movements, or visible damage.
Following Building Codes
Stay Current
Building codes change over time, and older elevators and escalators might need to be updated to meet current standards. Don’t wait for an accident to bring your equipment up to code.
Permits and Inspection Rules
Make sure you’re following all local permit and inspection requirements. In Denver, elevators and escalators must be inspected annually by certified inspectors.
Emergency Procedures
Working Emergency Systems
Make sure emergency communication systems in elevators are working and monitored. Test them regularly and have a plan for responding to emergency calls.
Staff Training
Train your staff on what to do in elevator and escalator accidents. They should know how to shut down equipment, call for help, and give first aid if needed.
Insurance Talk: Understanding Your Coverage
If you’re a building owner, having enough insurance for elevator and escalator accidents is super important. Here’s what you need to know.
Commercial General Liability
Most commercial general liability policies cover elevator and escalator accidents, but there are often limits and things that aren’t covered that you need to understand.
Coverage Limits
Make sure your coverage limits are enough for how serious elevator and escalator accident claims can be. Serious injuries can lead to million-dollar verdicts.
Exclusions
Some policies might not cover mechanical breakdowns or equipment failures. Make sure you understand what’s covered and what isn’t.
Equipment Breakdown Coverage
This special coverage can help pay for repairs when elevators or escalators break down, but it usually doesn’t cover responsibility for injuries.
Professional Liability for Maintenance Companies
If you’re a maintenance company, you need professional liability coverage that specifically covers elevator and escalator work.
Building Codes and Rules: What You Need to Know
Understanding the rules is key for both preventing accidents and figuring out who’s legally responsible.
Denver Building Codes
Denver has adopted the International Building Code with local changes. These codes set requirements for:
- Elevator and escalator installation
- Safety systems and features
- Inspection and maintenance rules
- Accessibility compliance
State Rules
Colorado has state-level rules about elevator and escalator safety, including:
- Licensing requirements for installers and repair technicians
- Inspection schedules and procedures
- Rules for reporting accidents
Federal Standards
The Americans with Disabilities Act (ADA) has specific requirements for elevators, and OSHA has safety standards that apply to elevator and escalator maintenance work.
Code Violations and Responsibility
Breaking building codes doesn’t automatically make you responsible for accidents, but it’s strong proof of carelessness. On the flip side, just following codes doesn’t necessarily protect you from responsibility if your equipment is still unreasonably dangerous.
New Tech and New Challenges
The elevator and escalator industry is changing fast, and new technologies are creating both opportunities and challenges.
Smart Elevators
Modern elevators increasingly rely on computer systems and internet connections. While these “smart” elevators can be more efficient and offer better service, they also create new ways for things to go wrong.
Cybersecurity Worries
Internet-connected elevators could potentially be hacked, creating new safety risks. Building owners need to think about cybersecurity as part of their overall safety plan.
Software Bugs
Complex software systems can have bugs that cause unexpected behavior. Unlike mechanical failures that often give warning signs, software failures can happen suddenly.
Predictive Maintenance
New sensor technologies allow for “predictive maintenance” that can spot problems before they cause failures. While this is generally good for safety, it also raises the bar for what counts as reasonable maintenance.
Who’s Responsible for New Tech?
As elevators and escalators get more sophisticated, questions about who’s responsible become more complex. When a smart elevator breaks down, is it the fault of the manufacturer, the software developer, the maintenance company, or the building owner? These questions are still being figured out in the courts.
Special Things to Think About for Different Buildings
Different kinds of buildings have different challenges when it comes to elevator and escalator safety.
Tall Office Buildings
Traffic Volume
Office buildings often have tons of elevator traffic during busy hours, which can wear out equipment faster.
Emergency Evacuation
Tall buildings have special challenges for emergency evacuation when elevators are out of service. Building owners need to have detailed emergency plans.
Shopping Centers and Malls
Public Access
Malls and shopping centers have elevators and escalators used by the general public, including kids and older folks who might be more likely to get hurt.
Heavy Use
Retail elevators and escalators often run non-stop during business hours, meaning they need more frequent maintenance.
Residential Buildings
Cost Pressures
Owners of residential buildings often feel pressure to keep costs low, which can lead to putting off maintenance.
Accessibility Needs
Residential buildings must follow fair housing laws that require accessible elevators for residents with disabilities.
Hospitals and Healthcare Facilities
Super Important
Elevator failures in hospitals can be life-threatening when they stop people from getting emergency care.
Cleanliness
Healthcare facility elevators must be maintained in a way that doesn’t mess with infection control procedures.
The Human Side: Real Stories from Real Cases
Behind every elevator and escalator accident case are real people whose lives have been changed forever. Let me share some stories (with details changed to protect privacy) that show the real impact of these accidents.
Sarah’s Story: A Mother’s Nightmare
Sarah was shopping at a Denver mall with her 4-year-old daughter when they stepped onto an escalator. The little girl’s shoelace got caught in the escalator, and before Sarah could react, her daughter’s foot was pulled into the machinery.
The emergency stop button didn’t work – it had been broken for weeks, but the mall hadn’t bothered to fix it or shut down the escalator. By the time mall security manually stopped the escalator, the little girl had suffered severe injuries to her foot and ankle that needed multiple surgeries.
The emotional trauma was just as bad as the physical injuries. The little girl developed a severe fear of escalators and elevators that required months of therapy. Sarah blamed herself for not watching more carefully, even though the accident could have been totally prevented if the mall had maintained their equipment properly.
We were able to get a substantial settlement that covered all the medical expenses and provided for the little girl’s future care. But no amount of money could undo the trauma she and her family went through.
Robert’s Ordeal: Trapped and Forgotten
Robert was a maintenance worker in a downtown office building. He was working late one evening when he got on an elevator to go to the parking garage. The elevator got stuck between floors, and when he pressed the emergency call button, nothing happened.
The building’s emergency monitoring system had been “temporarily” disconnected six months earlier during renovations and never hooked back up. Robert spent 14 hours trapped in that elevator before someone finally heard him yelling for help.
The physical effects were bad enough – dehydration, back problems from sleeping on the elevator floor, and panic attacks. But the emotional impact was worse. Robert developed severe claustrophobia and couldn’t return to work in any building with elevators. For a maintenance worker, this basically ended his career.
The building owner’s insurance company tried to argue that Robert’s injuries weren’t that serious because he wasn’t physically hurt in a traditional sense. But we were able to show that the psychological injuries were just as real and just as disabling as any physical injury.
Maria’s Fight: When Insurance Companies Play Games
Maria was a nurse who was seriously injured when an elevator in her apartment building dropped suddenly because a cable failed. She suffered broken bones in her spine that needed surgery and months of rehabilitation.
The building owner’s insurance company seemed cooperative at first, paying for her initial medical treatment and admitting that their insured was at fault. But when it became clear that Maria’s injuries were more serious than they first thought, the insurance company changed tactics.
They hired private investigators to follow Maria around, trying to catch her doing things that they claimed didn’t match her injuries. They demanded that she go to multiple medical examinations by doctors they chose. They dragged out settlement negotiations for years, hoping she would get desperate and take a low offer.
This is sadly common in serious injury cases. Insurance companies know that injured people need money for medical bills and living expenses, and they use that desperation as leverage in negotiations.
We fought back hard, documenting every delay tactic and bad behavior by the insurance company. In the end, we not only got Maria fair money for her injuries but also extra money for the insurance company’s bad faith conduct.
What to Do If You’re in an Elevator or Escalator Accident
If you or someone you know is hurt in an elevator or escalator accident, here’s what you should do:
Immediate Steps
Get Medical Help
Your health is the top priority. Even if your injuries seem minor, get checked out by a doctor. Some injuries, especially head injuries, might not be obvious right away.
Report the Accident
Make sure the accident is reported to the building owner or manager. Get a copy of the incident report if you can.
Document Everything
Take photos of the scene, your injuries, and any damaged stuff. Get contact info for any witnesses.
Don’t Give Statements
Don’t give recorded statements to insurance companies without talking to an attorney first. Insurance adjusters are trained to get you to say things that can hurt your case later.
Save the Evidence
Keep Everything
Save damaged clothing, shoes, or other personal items. These can be important proof.
Medical Records
Keep copies of all medical records, bills, and treatment notes related to your injuries.
Document Your Recovery
Keep a journal documenting your pain levels, what you can’t do, and how your injuries affect your daily life.
Legal Things to Consider
Time Limits
In Colorado, you generally have three years from the date of an accident to file a personal injury lawsuit. However, there might be shorter time limits for filing claims against government agencies.
Don’t Wait
Evidence can disappear fast in elevator and escalator cases. The sooner you contact an attorney, the better chance we have of saving key evidence.
Choose the Right Attorney
Not all personal injury attorneys have experience with elevator and escalator cases. These cases need specialized knowledge of mechanical systems, building codes, and industry standards.
Common Challenges in Elevator and Escalator Cases
These cases bring unique challenges that need specialized knowledge and experience to overcome.
Getting to Evidence
Equipment Changes
Building owners often repair or change elevators and escalators right after accidents, which can destroy evidence. That’s why we move quickly to save evidence and get court orders preventing changes when needed.
Maintenance Records
Getting a hold of complete maintenance records can be tough. Building owners and maintenance companies don’t always keep good records, and they might not want to hand over papers that show carelessness.
Technical Stuff
Understanding the Machines
Elevators and escalators are complex mechanical systems. Understanding what went wrong needs technical expertise that many attorneys don’t have.
Industry Standards
The elevator and escalator industry has its own standards and practices that might not be obvious to outsiders. We need to understand these standards to prove that defendants didn’t meet industry norms.
Many Defendants
Blame Game
In many cases, there are several parties who could be responsible – the building owner, maintenance company, equipment manufacturer, and others. These defendants often try to blame each other for the accident.
Insurance Issues
Different defendants might have different insurance companies, each with their own agenda. Coordinating settlements with multiple insurance companies can be complex.
Figuring Out Damages
Future Medical Bills
Serious injuries often need ongoing medical treatment for years or even decades. We need to work with medical experts and economists to figure out these future costs.
Lost Earning Potential
If your injuries stop you from working or limit how much you can earn, we need to calculate the current value of your future lost earnings.
Pain and Suffering
Putting a number on pain and suffering is always tough, but it’s especially hard in cases involving emotional trauma or ongoing pain.
The Role of Insurance in Elevator and Escalator Claims
Understanding how insurance works in these cases can help you know what to expect during the claims process.
Building Owner Insurance
Commercial General Liability
Most building owners carry commercial general liability insurance that covers elevator and escalator accidents. However, these policies often have coverage limits that might not be enough for serious injury cases.
Umbrella Policies
Many building owners also carry umbrella liability policies that provide extra coverage above their main liability limits.
Maintenance Company Insurance
Professional Liability
Maintenance companies usually carry professional liability insurance that covers mistakes in their work.
General Liability
Maintenance companies also need general liability coverage for accidents that happen while they’re working.
Manufacturer Insurance
Product Liability
Equipment manufacturers carry product liability insurance that covers defects in their products.
Professional Liability
Manufacturers may also have professional liability coverage for design mistakes.
Insurance Company Tricks
Delay and Deny
Insurance companies often use delay tactics to pressure injured people into taking small settlements. They know that people with growing medical bills and lost wages might be desperate for money.
Surveillance
In serious injury cases, insurance companies often hire private investigators to watch injured people, looking for anything that contradicts their claimed injuries.
“Independent” Medical Exams
Insurance companies have the right to have injured people examined by doctors they choose. These “independent” medical examinations are often anything but independent.
Working with Medical Providers
Getting the right medical treatment is super important both for your recovery and for building a strong legal case.
Choosing the Right Doctors
Specialists
Elevator and escalator accidents often cause complex injuries that need treatment by specialists. We can help you find the right doctors for your specific injuries.
Good Documentation
Some doctors are better than others at writing down injuries and how they affect your life. We work with medical providers who understand how important good documentation is.
Treatment on a Lien Basis
What It Means
If you don’t have health insurance or if your insurance doesn’t cover all of your treatment, some medical providers will treat you on a lien basis. This means they agree to wait for payment until your case is resolved.
Good Points and Bad Points
Lien treatment can help you get the care you need when you can’t afford to pay upfront. However, lien providers often charge higher rates than insurance companies pay, and you’re personally responsible for the bills if your case doesn’t win.
Medical Records and Privacy
HIPAA Releases
We’ll need you to sign releases allowing us to get your medical records. These records are key proof in your case.
Privacy Concerns
Once you file a personal injury lawsuit, your medical privacy is somewhat limited. The defendants have a right to get records related to the injuries you’re claiming.
The Settlement Process: What to Expect
Most elevator and escalator accident cases settle out of court, but the settlement process can be complicated and take a while.
Demand Packages
Detailed Paperwork
We put together detailed demand packages that include all the important evidence – medical records, expert reports, witness statements, and documentation of your damages.
Smart Timing
We usually don’t make settlement demands until you’ve reached maximum medical improvement and we have a clear idea of your future needs.
Negotiation Strategies
Starting High
We usually start with demands that are higher than what we expect to settle for, knowing that there will be back-and-forth negotiations.
Finding Your Edge
Understanding the strengths and weaknesses of your case helps us find points we can use to our advantage in negotiations.
Mediation
What It Is
Mediation is a process where a neutral third party helps settlement negotiations. It’s often required by courts before cases can go to trial.
Benefits
Mediation can be a good way to resolve cases without the expense and uncertainty of trial. The mediator can help both sides see the strengths and weaknesses of their positions.
Settlement Paperwork
Release Agreements
Settlement agreements include releases that prevent you from pursuing more claims related to your accident. It’s important to understand exactly what you’re signing away.
Confidentiality
Many settlement agreements include confidentiality rules that prevent you from talking about the terms of the settlement.
When Cases Go to Trial
While most elevator and escalator cases settle, some do go to trial. Here’s what you can expect if your case doesn’t settle.
Getting Ready for Trial
Witness Prep
We’ll get you and other witnesses ready to testify at trial. This includes practice sessions where we go over likely questions and how to answer them well.
Expert Witnesses
We’ll work with our expert witnesses to prepare their testimony and visual aids that can help the jury understand complex technical issues.
Jury Selection
Picking the right jury is really important in elevator and escalator cases. We look for jurors who can understand technical evidence and who don’t have biases against injury claims.
Trial Strategy
Telling Your Story
Trials are about telling stories, and we need to tell your story in a powerful way that helps the jury understand what happened and why you deserve money.
Visual Proof
We use photos, videos, computer animations, and other visual proof to help the jury understand how the accident happened.
Expert Testimony
Our experts need to explain complex technical issues in terms that everyday jurors can understand.
Verdict and Appeals
Jury Decisions
After all the evidence is presented, the jury talks it over and makes a decision. This can take anywhere from a few hours to several days.
Post-Trial Motions
The losing side often files motions after the trial asking the judge to overturn or reduce the jury’s decision.
Appeals
Either side can appeal the trial court’s decision to the Colorado Court of Appeals and possibly the Colorado Supreme Court.
The Future of Elevator and Escalator Safety
The elevator and escalator industry keeps changing, and new technologies are altering how we think about safety and who’s responsible.
Smart Building Integration
IoT Sensors
Internet of Things (IoT) sensors can watch elevator and escalator performance in real-time, potentially preventing accidents by spotting problems before they cause failures.
Predictive Maintenance
Artificial intelligence and machine learning can analyze sensor data to predict when parts are likely to break, allowing for preventive maintenance.
Changing Rules
Updated Codes
Building codes are always changing to deal with new safety worries and to include new technologies.
Federal Oversight
There’s ongoing talk about whether elevator and escalator safety should be regulated at the federal level instead of just state and local.
Who’s Responsible for New Tech?
As elevators and escalators get more advanced, questions about who’s responsible become more complicated. When a smart elevator breaks down, is it the fault of the manufacturer, the software developer, the maintenance company, or the building owner? These questions are still being worked out in the courts.
Choosing the Right Attorney for Your Case
If you’ve been hurt in an elevator or escalator accident, choosing the right attorney can make a big difference in how your case turns out.
What to Look For
Experience with Mechanical Failure Cases
Not all personal injury attorneys have experience with elevator and escalator cases. These cases need specialized knowledge that comes from handling similar situations.
Technical Knowledge
Your attorney should understand how elevators and escalators work and what can go wrong. This knowledge is essential for building a strong case.
Resources
Elevator and escalator cases can be expensive to fight. Your attorney should have the resources to hire the best experts and conduct a thorough investigation.
Track Record
Look for attorneys who have successfully handled similar cases and gotten good results for their clients.
Questions to Ask
- How many elevator and escalator cases have you handled? Experience matters in these complex cases.
- Who are your expert witnesses? The quality of expert witnesses can make or break a case.
- What’s your take on my case? A good attorney should be able to give you a realistic idea of your case’s strengths and weaknesses.
- How will you keep in touch with me? Make sure you understand how and how often your attorney will update you on your case.
Things to Watch Out For
Guarantees of Results
No ethical attorney can guarantee the outcome of your case.
Pressure to Settle Quickly
While some cases should settle quickly, complex elevator and escalator cases often need time to develop properly.
Lack of Resources
If an attorney doesn’t have the resources to properly investigate and fight your case, you might not get the money you deserve.
Why McCormick & Murphy Is a Great Choice for You
At McCormick & Murphy, we’ve built our reputation on successfully handling complex personal injury cases, including elevator and escalator accidents. Here’s why we’re a good choice for your case.
Proven Success
Since 1995, we’ve been helping injured people throughout Colorado get the money they deserve. Our professional services show our dedication to doing excellent work and making clients happy.
Specialized Knowledge
We understand the technical side of elevator and escalator systems, building codes, and industry standards. This knowledge helps us spot issues that other attorneys might miss.
Thorough Investigation
We have the resources and know-how to conduct detailed investigations, including working with top experts in the field. Our team can save key evidence and build strong cases.
Client-Focused Approach
We treat every client with the personal attention they deserve. When you work with us, you’re not just another case number – you’re a person whose life has been affected by someone else’s carelessness.
No Fee Unless We Win
We handle elevator and escalator cases on a contingency fee basis. That means you don’t pay attorney fees unless we recover money for you. If we don’t win your case, you don’t owe us anything.
Easy to Find Location
Our office is conveniently located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, making it easy for clients throughout the Denver area to meet with us in person.
Taking Action: Your Next Steps
If you’ve been hurt in an elevator or escalator accident, don’t wait to take action. Evidence can disappear fast, and there are time limits for filing legal claims.
Contact Us Today
Call us at (720) 782-8595 for a free consultation. We’ll check out your case and explain your legal options with no pressure on your part.
What to Bring
When you meet with us, bring any papers related to your accident, including:
- Incident reports
- Medical records and bills
- Photos of the scene or your injuries
- Insurance letters
- Contact information for witnesses
What Happens Next
If we agree to take your case, we’ll immediately start investigating and saving evidence. We’ll handle all communication with insurance companies and keep you in the loop throughout the process.
Don’t let the people responsible get away with cutting corners on safety. If you’ve been hurt in an elevator or escalator accident, we’re here to help you get the justice and money you deserve.
The road to recovery after an elevator or escalator accident can be long and challenging, but you don’t have to walk it alone. At McCormick & Murphy, we’re committed to fighting for your rights and helping you rebuild your life. Contact us today to learn how we can help you.
Remember, there are time limits for filing personal injury claims, so don’t delay. The sooner you contact us, the better we can protect your rights and save the evidence needed to build a strong case. Your future may depend on the actions you take today.
