California Elevator & Escalator Injury Demand Letter Guide

📋 Elevator & Escalator Injury Claims in California

California imposes heightened duties on elevator and escalator operators because they are classified as "common carriers" - entities that transport the public for compensation. Under California Civil Code Section 2100, common carriers must use the "utmost care and diligence" to safely transport passengers, a standard significantly higher than ordinary negligence.

Common Elevator & Escalator Injury Scenarios

Use this guide if you were injured due to:

🚫 Elevator Entrapment

Being trapped in a stalled elevator causing panic attacks, cardiac events, or injuries from attempted escape

🔄 Sudden Stops or Drops

Elevator jerking, sudden stops, or dropping between floors causing falls or whiplash injuries

🚨 Door Malfunctions

Elevator doors closing on passengers, failing to open, or opening when car is not level with floor

🛈 Escalator Falls

Sudden stops, loose or missing steps, handrail failures, or entrapment in gaps between steps

👍 What You Can Recover in Elevator/Escalator Cases

Medical expenses - ER, surgery, physical therapy, psychological treatment for trauma
Lost wages - Time missed from work and reduced earning capacity
Pain and suffering - Physical pain and emotional trauma, including PTSD and claustrophobia
Property damage - Damaged personal items, clothing, electronics
Wrongful death - Full survivor damages if a loved one was killed

Potentially Liable Parties

🏢 Property Owners & Building Managers

▼

Building owners have a non-delegable duty to maintain elevators and escalators in safe operating condition. This includes hiring qualified maintenance companies, responding to complaints, and ensuring proper inspections. The duty cannot be transferred away by hiring contractors - owners remain ultimately responsible.

🔧 Elevator/Escalator Maintenance Companies

▼

Companies contracted to maintain, inspect, and repair elevators (like OTIS, Schindler, ThyssenKrupp, KONE) can be held liable for negligent maintenance, failure to identify safety hazards, or improper repairs. Many elevator failures trace back to deferred maintenance or inadequate inspections.

🏭 Elevator Manufacturers

▼

If a design or manufacturing defect caused the injury, the manufacturer can be held strictly liable under product liability law. This applies to both original equipment manufacturers and companies that retrofit or upgrade elevator systems.

📈 State-Certified Inspectors

▼

California requires annual elevator inspections by certified inspectors through the Division of Occupational Safety and Health (Cal/OSHA). If an inspector negligently failed to identify obvious safety hazards, they and their employer may share liability.

⚠ California Elevator Safety Code Requirements

Under Labor Code Sections 7300-7324, all elevators and escalators in California must be inspected annually by a certified inspector. Buildings must display a valid permit. If the elevator that injured you lacked a current permit or had outstanding violation notices, this significantly strengthens your case.

⚖ Legal Basis

Elevator and escalator injury cases in California benefit from multiple legal theories, including the heightened "common carrier" standard that requires utmost care.

Key California Statutes & Case Law

📚

California Civil Code Section 2100 - Common Carrier Duty

"A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill." Elevators and escalators that carry the public are considered common carriers, triggering this heightened duty.

⚖

California Labor Code Sections 7300-7324 - Elevator Safety

Comprehensive elevator safety regulations administered by Cal/OSHA's Elevator Unit. Requires annual inspections, permits, licensed operators for certain types, and compliance with ASME A17.1 Safety Code for Elevators and Escalators. Violations create a presumption of negligence.

📖

California Civil Code Section 1714 - General Negligence

Standard premises liability applies in addition to common carrier duties. Property owners must exercise ordinary care to maintain property in a reasonably safe condition. Breach of this duty supports a negligence claim independent of common carrier liability.

📖

Bigbee v. Pacific Telephone (1983) 34 Cal.3d 49

Establishes that common carriers, including elevator operators, owe passengers the highest degree of care. The mere fact of a passenger's injury while riding creates a presumption of carrier negligence (res ipsa loquitur), shifting the burden to the defendant to prove they were not negligent.

Legal Theories for Elevator/Escalator Cases

🛡 Common Carrier Strict Liability

Highest duty of care. Injury while riding creates presumption of negligence. Must prove only injury and that it occurred on the conveyance.

🏗 Premises Liability

Property owner failed to maintain safe conditions or warn of known hazards. Standard "reasonable care" analysis.

🔧 Negligent Maintenance

Maintenance company failed to properly inspect, repair, or maintain the elevator/escalator according to industry standards.

🏭 Product Liability

Design or manufacturing defect in the elevator or escalator. Strict liability applies - no need to prove negligence.

Elements You Must Prove

Common Carrier Status - The elevator/escalator was available to the public (shopping center, office building, hotel, etc.)
Passenger Status - You were a passenger using the conveyance for its intended purpose
Injury While Riding - Your injury occurred while on or directly interacting with the elevator/escalator
Damages - You suffered actual harm (physical injuries, emotional trauma, financial losses)

💡 Res Ipsa Loquitur - "The Thing Speaks for Itself"

Under California law, when an elevator or escalator injures a passenger, negligence is presumed because such equipment does not normally injure people without some form of negligence. The burden shifts to the defendant to prove they were not negligent - a significant advantage for injured plaintiffs.

✅ Evidence Checklist

Gather these documents and evidence before sending your demand letter. Click to check off items as you collect them.

📷 Scene Documentation

✓ Photos of the elevator/escalator where incident occurred
✓ Photos of inspection certificate posted in cab
✓ Photos of any visible damage, malfunctions, or defects
✓ Note the elevator/escalator ID number and building location

📝 Reports & Records

✓ Incident report from building management
✓ Cal/OSHA inspection records (FOIA request)
✓ Maintenance logs from service company
✓ Prior complaint records for this elevator

🏥 Medical Records

✓ Emergency room records immediately after incident
✓ Follow-up treatment records
✓ Psychological treatment records (for trauma/PTSD)
✓ All medical bills and payment records

👥 Witness Information

✓ Names and contact info of other passengers
✓ Building security or staff who responded
✓ Fire department/paramedic personnel
✓ Elevator technician who responded to malfunction

📝 Request Cal/OSHA Records Immediately

File a California Public Records Act request with Cal/OSHA's Elevator Unit for all inspection records, violation notices, and complaints related to the elevator or escalator. These records may reveal a history of problems and deferred maintenance. Send request to: Division of Occupational Safety and Health, Elevator Unit, 1515 Clay Street, Suite 1103, Oakland, CA 94612.

💰 Calculate Your Damages

Elevator and escalator injuries often result in significant damages due to the traumatic nature of entrapment and mechanical failures.

Category	Description
Past Medical Expenses	ER, surgery, hospitalization, physical therapy, psychological counseling for trauma
Future Medical Expenses	Ongoing treatment for permanent injuries, future surgeries, lifetime therapy needs
Lost Wages	Income lost during recovery period, including bonuses and benefits
Loss of Earning Capacity	Reduced ability to work due to permanent physical or psychological injuries
Pain and Suffering	Physical pain, emotional trauma, PTSD, claustrophobia, fear of elevators
Loss of Enjoyment of Life	Inability to use elevators affecting daily activities, employment, housing choices

💰 Psychological Trauma is Compensable

Being trapped in an elevator often causes lasting psychological harm. California recognizes PTSD, claustrophobia, panic disorder, and generalized anxiety as compensable injuries. Document any psychological symptoms with a mental health professional and request a diagnosis that connects your condition to the incident.

📊 Sample Damages Calculation

Example: Elevator Entrapment with Back Injury

Emergency room and initial treatment $12,500

MRI and diagnostic imaging $4,500

Physical therapy (6 months) $15,000

Psychological treatment for PTSD/trauma $8,000

Lost wages (3 months recovery) $25,000

Pain and suffering (2.5-3x medical) $120,000

ESTIMATED TOTAL VALUE $185,000

💡 Common Carrier Cases Often Settle Higher

Because common carrier cases benefit from the presumption of negligence and the "utmost care" standard, insurance companies often evaluate these claims higher than ordinary premises liability cases. The heightened duty makes it harder for defendants to escape liability.

📝 Sample Language

Copy and customize these paragraphs for your demand letter.

Opening Paragraph

I am writing to formally demand compensation for injuries I sustained on [DATE] while riding the elevator/escalator at [BUILDING NAME AND ADDRESS]. As the owner/operator of this conveyance, you are classified as a common carrier under California Civil Code Section 2100 and owed me the "utmost care and diligence" for my safe transport. Your failure to meet this heightened standard of care caused me to suffer serious injuries and substantial damages.

Elevator Entrapment Incident

On [DATE] at approximately [TIME], I entered the elevator at [FLOOR]. After pressing the button for [DESTINATION FLOOR], the elevator stopped abruptly between floors and I became trapped for approximately [DURATION]. During this time, the emergency phone [was not functioning/was not answered]. The experience caused me extreme distress, panic, and physical harm when I [DESCRIBE ANY PHYSICAL INCIDENT - attempted to force doors, fell when elevator jerked, etc.]. I was eventually freed by [fire department/maintenance personnel].

Escalator Malfunction Incident

On [DATE], while riding the escalator located at [SPECIFIC LOCATION IN BUILDING], the escalator [suddenly stopped/reversed direction/a step collapsed/the handrail detached]. This malfunction caused me to [fall forward/fall backward/become entangled/lose my balance], resulting in [DESCRIBE INJURIES]. The escalator showed signs of inadequate maintenance, including [worn steps/loose components/missing comb teeth/debris in gaps].

Common Carrier Standard Citation

As an elevator operator, you are classified as a common carrier under California law. Civil Code Section 2100 requires you to use the "utmost care and diligence" for my safe transport. Under Bigbee v. Pacific Telephone (1983) 34 Cal.3d 49 and its progeny, the fact that I was injured while riding your elevator creates a presumption of negligence, shifting the burden to you to prove you exercised utmost care. Additionally, California Labor Code Section 7300 et seq. establishes detailed safety requirements with which you failed to comply.

Damages Demand

Based on the foregoing, I hereby demand the total sum of $[AMOUNT] to compensate me for all damages arising from this incident, including: past medical expenses ($[AMOUNT]); future medical expenses ($[AMOUNT]); lost wages ($[AMOUNT]); psychological treatment ($[AMOUNT]); and pain and suffering, including post-traumatic stress, claustrophobia, and loss of enjoyment of life ($[AMOUNT]). Given your status as a common carrier and the presumption of negligence that applies to this case, prompt resolution is in your best interest. Please respond within [30 DAYS].

🚀 Next Steps

What to do after sending your demand letter and how to proceed with your elevator or escalator injury claim.

Regulatory Complaints

📌 File a Complaint with Cal/OSHA Elevator Unit

Report the incident to Cal/OSHA's Elevator Unit, which enforces California's elevator safety laws. They may investigate the equipment and issue citations that support your civil claim. File online at dir.ca.gov/dosh or call (510) 286-7000. Cal/OSHA investigation findings are discoverable and can provide powerful evidence.

Timeline After Sending Demand

Week 1-2

Property owner/insurer receives demand and begins claim investigation

Week 2-4

Insurance adjuster may request maintenance records, inspection reports, and medical documentation

Week 4-8

Initial response or settlement offer; negotiations begin

Week 8-12

Continued negotiations; if unsuccessful, prepare for litigation

If They Do Not Respond or Offer Too Little

Consult a Personal Injury Attorney
Elevator and escalator cases often involve complex technical evidence and multiple defendants. An experienced attorney can hire elevator safety experts, obtain maintenance records through discovery, and maximize your recovery. Most work on contingency.
Preserve All Evidence
Send a spoliation letter demanding the building owner preserve all maintenance records, security footage, prior incident reports, and the elevator/escalator itself. Destruction of evidence can result in adverse inference instructions at trial.
File Lawsuit Before Deadline
You have 2 years from the date of injury to file a lawsuit under CCP 335.1. If any defendant is a government entity (public building, transit authority), you must file a Government Claim within 6 months.

Need Legal Help?

Elevator and escalator cases benefit from technical expertise and the heightened common carrier standard. Get a free case evaluation from an experienced personal injury attorney.

Free Case Evaluation

California Resources

Cal/OSHA Elevator Unit: dir.ca.gov/dosh/elevator.html - File complaints, check inspection records
California Courts Self-Help: courts.ca.gov/selfhelp - Forms and guides for filing lawsuits
CA State Bar Lawyer Referral: calbar.ca.gov - Find a certified personal injury attorney
Consumer Protection Unit: oag.ca.gov - Report safety violations to Attorney General