Texas Elevator & Escalator Injury Lawyer: Free Review
Why Elevator and Escalator Cases Are Different
Elevator and escalator incidents often involve complex machinery, multiple contractors, and detailed maintenance and inspection requirements. In Texas, these systems are regulated by statute and administrative rules, including Texas Health & Safety Code Chapter 754 and 16 Tex. Admin. Code Chapter 74, administered by the Texas Department of Licensing and Regulation (TDLR). Unlike a typical slip-and-fall, these claims can hinge on service logs, inspection compliance, controller data, and adherence to applicable codes and manufacturer guidance. Prompt investigation helps preserve technical evidence that may be critical in evaluating fault.
Common Causes We Investigate
- Sudden stops, misleveling, or door strikes
- Escalator entrapment, gaps, or abrupt speed changes
- Defective components (controllers, brakes, door operators, comb plates)
- Poor maintenance, skipped inspections, or inadequate repairs
- Hazardous design, manufacturing defects, or missing safety guards
- Wet, slippery, or debris-covered approaches and landings
- Inadequate warnings or failure to remove unsafe equipment from service
Who May Be Liable
Depending on the facts, responsibility may involve property owners and managers, elevator or escalator maintenance contractors, installers, manufacturers and component suppliers, and third-party custodial or security providers. Texas premises-liability and product-liability principles can both apply, and each party’s duties are evaluated under the circumstances.
What To Do After an Elevator or Escalator Injury
- Get medical care promptly and follow provider instructions.
- Report the incident to on-site management; you may request that the equipment be taken out of service.
- Photograph the scene, the equipment, control panels, warning signs, floor conditions, your shoes/clothing, and any visible injuries.
- Ask witnesses for names and contact information.
- Preserve footwear and clothing in a clean, dry bag.
- Avoid giving recorded statements or signing forms until you have spoken with counsel.
- Contact a lawyer promptly so preservation notices can be issued and technical evidence secured.
Practical Tips
- Act fast on evidence: Request that video and maintenance logs be preserved before routine overwrites.
- Document pain and limitations: Keep a brief daily log of symptoms, missed work, and activities you cannot perform.
- Mind footwear: Save the shoes you wore; do not clean them.
- Centralize records: Keep all medical bills, EOBs, and receipts organized for reimbursement.
Key Evidence To Preserve
- Surveillance footage and incident reports
- Maintenance and inspection logs, service tickets, and deficiency lists
- Work orders, contractor agreements, and scope of maintenance responsibilities
- Controller error codes, diagnostic downloads, and event logs
- Manufacturer manuals, bulletins, and safety notices
- Prior incident history and complaints
- Training records for technicians and onsite staff
Incident Checklist
- Seek medical evaluation within 24 hours
- Report the incident and obtain a copy of any report number
- Photograph the area, equipment, and any posted warnings
- Collect witness names and contact details
- Preserve footwear/clothing and store safely
- Write down a timeline while details are fresh
- Contact a Texas attorney to send preservation letters
Types of Compensation
Depending on the case, you may seek medical expenses, lost income, diminished earning capacity, pain and suffering, physical impairment, disfigurement, and property damage. In product-defect matters, additional remedies may be available under Texas law. Available damages and recoverability depend on the facts and applicable statutes.
How Texas Claims Typically Proceed
Most matters begin with a detailed investigation, notice to potentially responsible parties, and requests to preserve evidence. If the insurer does not offer a fair resolution, a lawsuit may be filed in a Texas court. Discovery can include depositions of maintenance personnel, production of service records, and expert inspections of the equipment. Many cases resolve by settlement, but your attorney should prepare as though trial is possible. Deadlines apply, and Texas generally has a two-year limitations period for personal-injury claims (Tex. Civ. Prac. & Rem. Code § 16.003); exceptions and case-specific rules may alter timing, so consult counsel promptly.
FAQs
Do I need an expert?
Often, yes. Engineering and maintenance experts help explain fault, code requirements, and industry practices.
Will I have to go to court?
Many claims settle, but some require litigation to obtain full value. No outcome is guaranteed.
What if I may be partially at fault?
Texas follows proportionate responsibility, which can affect recovery when fault is shared among parties. See Tex. Civ. Prac. & Rem. Code Chapter 33.
How much does it cost to hire your firm?
We offer free reviews and work on a contingency fee—no attorney fee unless we recover compensation—subject to a written fee agreement. Court costs and case expenses are addressed in the agreement.
Why Choose Our Texas Team
- Rapid preservation letters to secure logs, downloads, and video
- Access to elevator/escalator engineering experts
- Experience with premises and product-liability strategies
- Clear communication and contingency representation
- Free, no-obligation case review
Free Case Review
If you or a loved one was injured on an elevator or escalator in Texas, we can evaluate potential liability, help preserve evidence, and outline next steps tailored to your situation. Contact us for a free case review.
Sources
- Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility)
- Texas Health & Safety Code, Chapter 754 (Elevators, Escalators, and Related Equipment)
- 16 Tex. Admin. Code, Chapter 74 (Elevators, Escalators, and Related Equipment)
- Texas Department of Licensing and Regulation (TDLR) Elevator Program
- Texas Civil Practice & Remedies Code § 16.003 (Limitations Period)
Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Texas law applies to Texas incidents; if your matter arose elsewhere, other laws may apply. Consult a Texas attorney about your situation.