There are thousands of elevators and escalators installed in the Atlanta area and in Georgia in office buildings, retail stores, apartment buildings, public buildings and in other facilities. Unfortunately, injuries as a result of malfunctioning elevators and escalators is a fairly common event. William P. Evans has extensive experience in representing individuals injured as a result of malfunctioning elevators and escalators.
Fortunately, Georgia law helps innocent victims recover monetary damages which arise from injuries or death as a result of malfunctioning elevators and escalators. Georgia law provides that owners and operators of elevators are “common carriers” and that as a common carrier of passengers they must exercise extraordinary diligence to protect the lives and persons of their passengers. O.C.G.A. § 46-9-132. A building owner owes a duty of extraordinary diligence to elevator passengers. Lane v. Montgomery Elevator Co., 225 Ga. App. 523, 484 S.E.2d 249 (1997). The owner of an office building equipped with elevators operating for conveying tenants and their employees to and from various floors has the same duty to passengers as a common carrier of passengers to exercise extraordinary diligence to protect the lives and persons of passengers. Gaffney v. EQK Realty Investors, 213 Ga. App. 653, 445 S.E.2d 771 (1994). The duty of a landlord towards passengers in elevators located within the building to exercise extraordinary diligence to protect the lives and persons of passengers may not be waived, released, or delegated, even by express contract. Gaffney, supra.
If you have been injured by a malfunctioning elevator or escalator it is very important to immediately seek representation for your injuries. Please contact William P. Evans immediately as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in the recovery obtained.
Elevator and escalator accidents causing injury and death are fairly common in Georgia. Many elevator accidents occur when the elevator floor is not flush with the building floor thereby creating a tripping hazard to passengers exiting or entering the elevator. Other injuries occur as a result of elevator entrapment or from elevator doors closing improperly.
The majority of elevator and escalator accidents are caused by worn, damaged, or faulty equipment that could have been prevented if the elevator and escalator systems had been regularly inspected, serviced, and maintained. In cases where manufacturers or owners of the elevators have failed to regularly inspect, service, and maintain elevators and escalators upon their property, they can be held liable under Georgia law for the injuries or deaths that occur as the result of an elevator or escalator accident.
Builders, manufacturers, operators and owners of properties where elevators and escalators are located can be held legally liable under Georgia law for the following:
- Faulty or inherently flawed elevators or escalators
- Improperly installed elevators or escalators
- Failure to properly maintain, inspect, and repair elevators and escalators
- Negligent maintenance or repairs of elevators and escalators
- Failure to properly adhere to applicable building and safety codes regarding elevators and escalators
- Failure to comply with local, state, and federal laws regarding elevators and escalators
If you or a friend or family member has been seriously injured or killed in an accident involving an elevator or escalator, contact William P. Evans immediately as a quick and thorough investigation to establish facts, contact witnesses, and preserve evidence can make a dramatic difference in the recovery obtained.