Elevator Accident Lawyer in Miami

Miami's skyline is defined by elevators. Brickell, Edgewater, downtown, Sunny Isles, Aventura, and Coral Gables collectively contain thousands of high-rise residential and office buildings, every one of which depends on elevators that operate dozens or hundreds of times every day. Most of those rides are uneventful. When something goes wrong, the consequences can be catastrophic — sudden falls, mis-leveling injuries, door entrapments, and freefall events. If you or a loved one has been hurt in a Miami elevator accident, a Florida premises liability and negligence lawyer can help you sort out which parties are responsible and pursue them.

Common Elevator Accident Scenarios

• Mis-leveling. The elevator stops with the cab floor an inch or more above or below the landing floor — a common cause of trip-and-fall injuries, especially for elderly riders.
• Door incidents. Doors that close on a passenger, fail to retract on contact, or open while the cab is between floors.
• Entrapments. Passengers trapped inside a stopped elevator, sometimes for extended periods, often resulting in claustrophobic-distress and panic-induced injuries.
• Freefall and uncontrolled descent. Rare but catastrophic — typically caused by brake or governor failures.
• Sudden stops and jerks. Often producing back, neck, and shoulder injuries.
• Falls into the hoistway. Doors that open on an empty shaft.
• Tripping on cab floor edges or worn flooring.
• Maintenance worker injuries — pinch points, falls, electrocution.

Who Can Be Liable

An elevator injury case typically involves more than one potential defendant:

• The property owner for premises liability — negligent maintenance, failure to inspect, failure to warn
• The condominium or homeowners' association in a residential high-rise
• The property manager hired to operate the building
• The elevator maintenance company under its service contract — often the largest pocket in a serious case, with substantial commercial general liability coverage
• The elevator manufacturer or installer in product-defect cases
• A contractor who recently performed work on the elevator

Florida law treats elevators as "common carriers," and Florida courts have applied a heightened duty of care to those who operate and maintain them — similar to the duty owed by airlines and bus operators. That heightened duty makes the property owner and maintenance company more easily liable for ordinary negligence than a typical premises case would allow.

Florida Regulation of Elevators

Elevators in Florida are regulated by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, under Chapter 399 of the Florida Statutes and Rule 61C-5 of the Florida Administrative Code. Elevators must be permitted, inspected at least annually, and operated and maintained in compliance with the ASME A17.1 Safety Code for Elevators and Escalators. Inspection records, maintenance logs, and citation history are usually obtainable through DBPR public records requests, and they often establish exactly when a problem with the elevator was first identified and what was (or was not) done about it.

Evidence in an Elevator Case

• The maintenance contract between the building and the elevator service company
• Maintenance logs and service tickets for the elevator
• Inspection reports and DBPR citation history
• Surveillance video from inside the cab and from the lobby
• The elevator's controller log (event history, fault codes)
• Witness statements from other passengers, building staff, and security
• The make, model, and age of the elevator and its components

Some of this evidence — particularly the controller log and internal cab video — can be lost or overwritten quickly. We send a written preservation-of-evidence letter to the building owner and the elevator service company immediately upon being retained.

Statute of Limitations

For elevator injuries occurring on or after March 24, 2023, Florida's statute of limitations on negligence claims is two years from the date of the incident. Wrongful-death claims must be filed within two years of the date of death. Product-liability claims against the elevator manufacturer are also subject to Florida's statute of repose, which generally bars actions filed more than 12 years after delivery of the product to the original purchaser, with some exceptions.

If you or a loved one has been hurt in an elevator incident in Miami-Dade or Broward County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.