Elevator and Escalator Injuries in Texas: Who Is Responsible?

Most people step onto an elevator or escalator without a second thought. When the equipment fails, though, the injuries can be catastrophic: traumatic brain injuries, spinal injuries, crushed hands and feet, and amputations. Children and older adults face especially serious risks. If you or a family member was hurt on an elevator or escalator in Texas, here is what to know about responsibility and next steps.

How do elevator and escalator injuries happen?

Common causes include:

• Mis-leveling: the elevator stops above or below the floor, creating a trip-and-fall hazard
• Sudden drops or abrupt stops that throw riders off balance
• Door malfunctions that close on a person or fail to reopen
• Escalator entrapment: clothing, shoelaces, hands, or feet caught between steps, at the comb plate, or along the side panels
• Handrail problems when the handrail moves at a different speed than the steps, or stops suddenly
• Broken or missing steps and poor maintenance

Who may be responsible?

Depending on the facts, responsibility may fall on one or more of these:

• The building owner or manager that provides the elevator or escalator for public use
• The maintenance company hired to inspect, service, and repair the equipment
• The manufacturer or installer if a defect in design or manufacturing contributed

Texas law can treat these parties differently. A Texas appeals court held that those who furnish elevators for the use of their invitees owe the high degree of care required of common carriers, while a company whose only role is maintenance owes ordinary care to keep the equipment in reasonably safe condition (Brewer v. Otis Elevator Co., 422 S.W.2d 766 (Tex. Civ. App.—Houston [1st Dist.] 1967)). Which standard applies, and to whom, depends on each party’s role. Falls caused by ramps, handrails, and walkways are covered in our article on the Texas Accessibility Standards.

What does Texas require of building owners?

Under Texas Health and Safety Code § 754.019, the owner of an elevator or escalator must:

• Have the equipment inspected annually by a registered elevator inspector
• File the inspection report with the state
• Display the certificate of compliance in a publicly visible area
• Maintain the equipment in compliance with the adopted codes and standards

When deficiencies are found, the owner must show they were fixed or that a contract to fix them is in place. Inspection reports, repair records, and maintenance contracts can be important evidence in showing what went wrong and who knew about it.

What should I do after an elevator or escalator injury?

• Get medical care right away, even if the injury seems minor.
• Report the incident to building management in writing and ask for a copy of any incident report.
• Take photos of the elevator or escalator, the area around it, and the posted certificate of compliance.
• Get names and phone numbers of witnesses.
• Ask that video be preserved. Security footage is often recorded over within days.
• Keep your shoes and clothing from the incident, especially if they were caught in the equipment.

Frequently Asked Questions

Can I make a claim if the elevator was in a store or apartment building?

Possibly. Elevators and escalators in stores, malls, hotels, offices, apartment complexes, and medical buildings are all subject to Texas inspection rules. The owner, manager, or maintenance company may be responsible depending on the facts. Elevator problems in nursing homes raise additional issues; see nursing home injuries that may not be malpractice claims.

What if my child was hurt on an escalator?

Children’s small hands and feet are especially vulnerable to escalator entrapment. Get medical care first, then document the scene and request that video be preserved. Claims involving minors can have different deadlines, so it is best to ask a lawyer early.

How long do I have to file a lawsuit?

The general deadline for a personal injury lawsuit in Texas is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). If the property is owned by a government entity, a written notice of claim may be required within six months, or sooner under some city charters (§ 101.101).

Related reading

• Slip, Trip and Fall Injuries and the Texas Accessibility Standards
• Nursing Home and Care Facility Injuries That May Not Be Medical Malpractice Claims

Learn more on our Serious Injury, Slip and Fall Accident, and Product Injury pages.

Talk With Caquias Law Group, PLLC

If you or a loved one was hurt on an elevator or escalator, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. We have offices in San Antonio and Harlingen and represent injured people across Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.