Elevator Accidents

ELEVATORS/ESCALATOR ACCIDENTS ARE SUBJECT TO THE COMMON CARRIER HEIGHTENED DUTY: Most people do not realize that elevators are also subject to the common carrier law in California. Generally, the law recognizes elevator operators or owners to be common carriers. Courts in California have held that elevator owners and operators must exercise a particularly high level of care to have the elevator work properly. 

The California Supreme Court held in Treadwell v. Whittier held that the owner or operator of an elevator or escalator is a common carrier and therefore must use the “utmost care and diligence” in operating and maintaining the elevator or escalator. (Treadwell v. Whittier (1889) 80 Cal. 574.) The court emphasized:

“[p]ersons who are lifted by elevators are subjected to great risks to life and limb. They are hoisted vertically, and are unable, in case of the breaking of the machinery, to help themselves. The person running such elevator must be held to undertake to raise such persons safely, as far as human care and foresight will go. The law holds him to the utmost care and diligence of very cautious persons, and responsible for the slightest neglect.”

If you have been in an elevator accident, or escalator accident, you should call our firm to assist you in pursuing your legal claims under the common carrier laws. Elevator accidents require extensive litigation, review of maintenance records, and inspection to determine and establish liability for the causation of injuries. Child & Jackson has experience litigating elevator cases and will retain the experts needed to establish your case to obtain fair compensation for your injuries.