Colorado Springs Elevator Accident Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- Who is liable: Usually two parties, and they blame each other.
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
Who is liable for an elevator or escalator accident?
Usually two parties, and they blame each other.
The building owner is responsible under C.R.S. 13-21-115 for the condition of the premises; the maintenance company is responsible under its service contract for the equipment itself. The documents that separate them are the maintenance and callback logs, the state inspection certificates and any outstanding repair orders — and a recurring fault reported and not fixed is what turns a malfunction into a claim.
What should I do after an elevator accident?
Note the elevator's identifying number and the inspection certificate posted in the car — photograph both before you leave, because they are how the equipment is identified later.
Report it to building management and insist on an incident report. Then get treated: misleveling and sudden-stop injuries are frequently orthopaedic and frequently delayed, and the maintenance record you need will be requested long before your symptoms have settled.
Legal Representation for Victims of Elevator Accident Injuries in Colorado Springs
For many people, elevators are part of our daily lives. At our apartment building, the office, and other professional buildings, they quickly get us to the right floor. But an elevator is a complicated piece of machinery with many moving parts that all need to be functioning properly for it to work safely.
Over time, regular wear and tear may cause an elevator to break down. And if they don’t receive the required maintenance, elevators can become very dangerous. That’s why there are strict regulations to make sure elevators are inspected and repaired on a regular basis.
If you or someone you love has been injured or killed in an elevator accident, you may be able to seek compensation to recover the costs of your medical care and other expenses. Call a Colorado Springs elevator accident lawyer at The Bussey Law Firm, P.C. at (719) 475-2555 to set up a free consultation.
What Causes Elevator Accidents?
According to the Center for Disease Control, over 17,000 people are injured in elevator accidents every year. The overwhelming majority of these injuries could have been prevented if the right precautions had been taken. Causes of elevator accidents include:
- Doors closing on people. There are mechanisms designed to prevent door strikes, but elevator doors can be very temperamental, requiring regular adjustment. If working properly, detector edges will sense the presence of an arm or leg and automatically reopen the door as long as they are working properly.
- Free falls. A snapped wired or faulty elevator track can cause an elevator to become totally unrestrained and fall a great distance. These are among the scariest and most hazardous types of elevator accidents.
- Shocks and electrocution may occur as a result of faulty wiring.
- Mis-leveling. Problems with brake linings, springs, or the drum may cause an elevator to fail to reach the same level as the floor of the building where passengers are boarding and exiting. This can lead to dangerous falls.
- Falling into an empty shaft is the most frequent cause of elevator fatalities.
- Speed malfunctions may cause an elevator to crash or stop abruptly.
- Getting stuck in an elevator. An elderly Denver man died after getting stuck in an elevator. He didn’t get any response when he pushed the emergency button.
Who Is Responsible for an Elevator Accident?
Everyday use causes a lot of wear and tear on an elevator, increasing the risk of malfunction. That’s why OSHA requires regular annual inspections. If you were injured in an elevator that did not receive regular maintenance and inspections, the property owner should have been aware of the situation, and they may be help liable for your injuries.
Landlords, property owners, and building managers are required to make sure elevators are in proper working condition, and they must take an elevator offline if there are any signs that it’s not functioning properly. Maintenance companies and elevator inspectors may also be held liable for signing off on an elevator when it wasn’t safe to use.
Elevator manufactures may be responsible for injuries if an elevator malfunctions due to faulty or poorly designed parts. That’s why worn-out elevator parts must be reported to the United States Consumer Product and Safety Commission (CPSC.)
Elevator Accident Injuries
Elevator accidents are extremely traumatizing and likely to result in catastrophic injuries, including:
- Head and brain injuries (TBI)
- Bone fractures
- Loss of limb
- Nerve damage
- Crush injuries
- Spinal cord injuries
- Wrongful death
What to Do After a Colorado Springs Elevator Accident
Dial 911 immediately if you have been injured in a Colorado Springs elevator accident. Then check to see if how the people around you are doing, and apply first aid if necessary.
If you are able to, use your cell phone camera to record conditions that may have caused the accident. This will make it easier for your Colorado Springs personal injury lawyer to begin their in-depth investigation to determine what caused the accident and who is liable for your injuries.
If you or a loved one has been injured in an elevator accident, contact The Bussey Law Firm, P.C. by calling (719) 475-2555 today. We’ll know how to hold the liable parties responsible and help you get compensation to cover the cost of your injuries and other expenses caused by your elevator accident.
Additional Information
What does a Colorado building owner owe a person riding its elevator?
It depends on why you were in the building. A tenant, customer or other invitee can recover for the owner's unreasonable failure to use reasonable care against dangers it knew or should have known about; a social guest must show the owner actually knew of the danger.
The Premises Liability Act defines "landowner" broadly: an authorized agent, a person in possession, and a person legally responsible for the condition of the property or for the activities on it. Where the owner and a management company are both sued, the court applies the Act to each of them separately. The same rules govern slip and fall claims and every other Colorado Springs premises liability case.
| Rider | Examples | Owner is liable for |
|---|---|---|
| Invitee | A tenant, shopper, patient or client, or anyone the public is invited to be | Unreasonable failure to use reasonable care against dangers it actually knew or should have known about |
| Licensee | A social guest, or someone there for their own purposes with permission | Dangers it created and actually knew about, or failure to warn of unusual dangers it actually knew about |
| Trespasser | Someone in the building without consent | Only damages it caused willfully or deliberately |
Can the elevator's manufacturer be sued as well as the building?
Yes, when a defect in the equipment itself caused the injury. Colorado calls that a product liability action; it lies against the manufacturer of the product or of the defective part, not against a seller that merely sold it, and it has a two-year deadline.
A product liability action covers defects in manufacture, design, installation, assembly or testing, and a failure to warn or give proper instructions. A claim against the building owner or the maintenance company is a separate negligence claim. A manufacturer is not liable where the equipment was used in a way that was not intended and could not reasonably have been expected, and that misuse caused the injury. Serious elevator injuries are often covered on our catastrophic injury lawyer page; see also the firm's case results.
| Question | Colorado rule | C.R.S. |
|---|---|---|
| What counts as a product liability action? | Any action against a manufacturer or seller for injury from a product's manufacture, design, installation, assembly, testing or labeling, or a failure to warn or instruct | 13-21-401(2) |
| Can a seller that did not make it be sued? | Not in a product liability action, unless it also made the product or the defective part | 13-21-402(1) |
| What if the manufacturer cannot be brought into court? | Its principal distributor or seller within reach is treated as the manufacturer | 13-21-402(2) |
| Is misuse a defense? | Yes, if the use was unintended, could not reasonably have been expected, and caused the injury | 13-21-402.5 |
| Deadline | Two years for strict liability and failure-to-warn claims | 13-80-102(1)(b) |
What if the elevator is in a courthouse, school or other public building?
Colorado waives governmental immunity for injuries caused by a dangerous condition of a public building, so a claim is possible, but written notice must reach the public entity within 182 days of discovering the injury or the claim is forever barred.
A "dangerous condition" under the Governmental Immunity Act must be a physical condition the entity knew or should have known about, caused by negligent construction or maintenance; inadequate design alone does not qualify. Because the notice period is far shorter than the ordinary deadline, talk to a Colorado Springs personal injury lawyer promptly after an injury in a government building.
| Rule | What the statute says | C.R.S. |
|---|---|---|
| Immunity | Waived for injuries resulting from a dangerous condition of any public building | 24-10-106(1)(c) |
| Dangerous condition | Known or should have been known, and caused by negligent construction or maintenance; not solely inadequate design | 24-10-103(1.3) |
| Notice | Written notice within 182 days after discovering the injury; failure forever bars the action | 24-10-109(1) |
Sources
Personal injury claim videos from The Bussey Law Firm
What is the process of a personal injury claim?
Understanding the personal injury claim process is crucial when seeking compensation for your injuries. In this video, we delve into the initial steps involved, emphasizing the importance of hiring an experienced law firm to represent you. From gathering evidence to negotiating with insurance adjusters, our goal is to maximize the value of your claim and ensure you receive the compensation you deserve.
· 0:49 · Watch on YouTube
What a Colorado Personal Injury Lawyer Actually Does for You
Hurt in a Colorado car accident? You need an experienced trial attorney from day one, not after the insurance company has already started building a case against you.
· 0:23 · Watch on YouTube
What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| Injury on someone else's property | Colorado Premises Liability Act — C.R.S. 13-21-115 |
|---|---|
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
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