Las Vegas draws over 40 million visitors to its world-famous hotels and casinos annually. Almost all of these guests use elevators to reach their rooms and escalators to move throughout the strip. Most of the time, these machines do their jobs without issue. Unfortunately, elevator and escalator accidents occasionally happen at Las Vegas hotels and casinos.

When an accident does happen, guests are at risk of suffering serious injuries. Whether you’re a hotel guest, employee, or simply visiting the property, you have the right to expect a safe environment. If you’re injured in a hotel elevator or escalator accident because the property failed to meet its legal obligation to keep visitors safe, you may have grounds for a personal injury claim.

At the Cottle Firm, our team of experienced Las Vegas hotel injury lawyers helps our clients seek fair compensation for injuries caused by hotel negligence. We’re prepared to evaluate your case and guide you through each step of the claims process. Give us a call today at 866-755-9111 to discuss your case in a free consultation.

Causes of Elevator and Escalator Accidents

Accidents involving elevators and escalators don’t just happen randomly. When something goes wrong, it’s often due to a breakdown in maintenance, equipment failure, or human oversight. Here are some of the most common contributing factors in these accidents.

Mechanical Failures and Malfunctions

Elevators and escalators rely on a series of components to function smoothly, including motors, pulleys, gears, sensors, and brakes. If any of these parts fail, an accident could occur. For elevators, this might mean sudden drops between floors, doors closing on passengers, or failure to level properly when stopping. Malfunctioning steps, handrails, or emergency stop mechanisms on escalators can cause sudden jolts, and guests using the escalator may fall or become entrapped.

Poor Maintenance and Inspections

Hotels are responsible for ensuring their equipment is regularly inspected and maintained. Unfortunately, maintenance is sometimes delayed, performed incorrectly, or skipped altogether. Routine inspections can catch early signs of wear and tear, loose wiring, or lubrication issues before they escalate into dangerous problems. Neglecting maintenance increases the likelihood of accidents.

Human Error and Misuse

Not all accidents are due to mechanical failure. Human error by hotel staff can also cause accidents and injuries. For example, hotel employees may fail to post warning signs during repair or allow too many people on an elevator at once.

Environmental Factors and External Conditions

Environmental conditions like power surges, flooding, and construction debris can all cause elevator or escalator accidents. Electrical failures during storms or power outages can trap people between floors. Leaks or spills near escalators can create slippery surfaces, which can lead to slip-and-fall accidents. In hotels undergoing renovations, poorly managed construction zones can introduce dust or debris into elevator shafts or escalator mechanisms, which can cause malfunctioning and accidents.

Who Can Be Held Liable for Hotel Elevator and Escalator Accidents?

When an elevator or escalator accident occurs in a Las Vegas hotel, one of the most important questions to ask is, “Who is legally responsible?” Liability can be complex in these cases because multiple parties are often involved in the design, installation, maintenance, and operation of the equipment. Determining fault requires a close look at how the accident happened and who had control over the conditions that led to it.

Hotels

Hotels owe a legal duty of care to their guests and visitors. This includes ensuring that common areas like hallways, stairwells, elevators, and escalators are safe and properly maintained. If a hotel fails to perform routine inspections, ignores warning signs, or delays necessary repairs, it may be held liable for negligence.

For example, if the hotel staff knew an escalator was making strange noises but failed to shut it down or call for service, the hotel could be liable for any resulting injuries. Hotels can also be held liable if they fail to post warnings or block access to malfunctioning equipment, or if staff members improperly supervise the use of service elevators or maintenance areas that guests should not enter.

Manufacturers

Some elevator and escalator accidents may stem from design flaws or manufacturing defects. If a piece of equipment fails because it was poorly designed or assembled, the manufacturer could be held liable under product liability law. All product manufacturers have a legal obligation to ensure their products are safe when used as intended and to warn users about any known risks. 

Examples might include faulty sensors, defective wiring, or structural weaknesses that cause the system to break down under normal use. 

Maintenance and Service Companies

Hotels often contract with third-party companies to inspect, repair, and maintain their elevator and escalator systems. If one of these companies fails to properly service the equipment or overlook a critical issue during inspection, they could be liable for any resulting injuries.

For instance, if a technician skips safety checks, uses the wrong replacement parts, or fails to address a known hazard, the maintenance company could be legally responsible for any accidents related to these issues.

Shared Liability

In many cases, liability doesn’t fall on just one party. The hotel, a manufacturer, and a maintenance company could all potentially share liability for an elevator or escalator accident. Nevada allows for shared liability in personal injury cases, which means multiple defendants may be held liable for different degrees of fault.

In addition, Nevada follows a modified comparative negligence standard for personal injury cases. This means that you will also be evaluated for fault and will be assigned a percentage of fault based on the circumstances of the case. You can file a personal injury claim as long as you are deemed to be no more than 50 percent at fault.

Filing a Personal Injury Claim for an Elevator or Escalator Accident

If you’ve been injured in an elevator or escalator accident at a Las Vegas hotel, you may have grounds for a personal injury claim if negligence was involved. Filing a claim allows you to seek financial compensation for medical bills, lost income, pain and suffering, and other damages. You must file your claim within Nevada’s two-year statute of limitations for personal injury cases. 

But the process isn’t always straightforward, especially when multiple parties may be involved. Knowing what steps to take after your injury can help protect your rights and strengthen your case.

Seek Medical Care Immediately

Your health should be the top priority after an injury. Even if your injuries seem minor at first, you should see a medical professional as soon as possible. Not only is this important for your recovery, but it also creates a formal medical record that will be a key piece of evidence in your personal injury claim.

Insurance companies and hotel attorneys may look for gaps between the incident and the date of treatment to argue that the injuries weren’t serious, or that they are unrelated to the accident. 

Report the Incident to the Hotel

Notify hotel management or security staff of the incident right away, and ask them to create an incident report. This report should document details like the location and time of the accident, names of witnesses, and the condition of the elevator or escalator at the time. Request a copy of the report and avoid signing anything that waives your rights or downplays your injuries.

Document the Scene

If you’re physically able, take photos or videos of the elevator or escalator, any visible damage or hazards, and the surrounding area. Note the date and time, and try to capture conditions like warning signs (or a lack of them), poor lighting, wet floors, or broken components. Also, collect the names and contact information of any witnesses.

Consult a Personal Injury Attorney

Liability in elevator and escalator accidents can be complicated, so it is generally best to discuss your case with an experienced Las Vegas hotel injury lawyer. A lawyer can investigate the incident, gather evidence, and communicate with insurers and opposing attorneys on your behalf. An attorney will also be able to identify all potentially liable parties and assess the full value of your claim.

Proving Negligence or Fault

To recover compensation after an elevator or escalator accident, you and your lawyer will need to prove that someone else was legally responsible. This typically means establishing negligence – a failure to use reasonable care that directly led to your injuries.

Elements of a Negligence Claim

In a personal injury claim involving an elevator or escalator accident, your attorney will need to prove the following four elements of negligence:

  • Duty of Care: The hotel (and possibly other parties) had a legal duty to ensure the safety of the elevator or escalator for guests and visitors.
  • Breach of Duty: That duty was breached – for example, the hotel failed to maintain the equipment, or a maintenance company did not conduct proper inspections.
  • Causation: The breach of duty caused the accident. In other words, if not for the defendant’s negligence, the accident would not have occurred.
  • Damages: You suffered actual harm as a result of the accident, such as physical injuries, medical expenses, lost wages, and pain and suffering.

Evidence of Negligence

Evidence is the foundation of any negligence claim. Your legal team will work to gather the following evidence that your accident was caused by negligence:

  • Surveillance footage
  • Maintenance logs and inspection records
  • Incident reports
  • Witness statements
  • Medical records

Discuss Your Legal Options with a Las Vegas Hotel Injury Lawyer

Have you been injured in an elevator or escalator accident at a Las Vegas hotel? These properties may be held liable when guests or visitors are injured due to negligence. At the Cottle Firm, our Las Vegas hotel injury lawyers take pride in helping our clients seek full compensation for their injuries and related damages. Contact us today at 866-755-9111 to learn more about your legal options in a free consultation.