Elevators and escalators are everywhere in Bensalem and the greater Philadelphia area, from the multi-level corridors of Neshaminy Mall to the parking garages near Parx Casino and the office buildings lining Street Road (Route 132). Most people step onto these machines without a second thought. But when a property owner or building manager fails to keep them safe, the results can be devastating, including broken bones, spinal cord damage, traumatic brain injuries, and worse. If you or someone you love was hurt in an elevator or escalator accident in Bensalem, Pennsylvania, you have legal rights, and a Philadelphia abogado de lesiones personales En MyPhillyLawyer podemos ayudarte a conseguir la indemnización que te mereces.

Índice

• Pennsylvania Law Places Strict Duties on Property Owners to Maintain Safe Elevators and Escalators
• Common Causes of Elevator and Escalator Accidents in Bensalem, PA
• Who Can Be Held Liable for an Elevator or Escalator Accident in Bensalem?
• What Damages Can You Recover After a Bensalem Elevator or Escalator Accident?
• The Pennsylvania Statute of Limitations Gives You Two Years to File Your Claim
• FAQs About Bensalem PA Elevator and Escalator Accident Claims

Pennsylvania Law Places Strict Duties on Property Owners to Maintain Safe Elevators and Escalators

Property owners in Pennsylvania are legally required to keep their elevators and escalators in safe operating condition. This duty comes from both state premises liability law and a specific regulatory framework that governs elevator safety across the Commonwealth.

Under Pennsylvania’s Uniform Construction Code, the Department of Labor and Industry has sole jurisdiction to approve the construction and use of all elevators and other lifting devices, no matter where they are located in Pennsylvania. That means every elevator in a Bensalem shopping center, hotel, or apartment building answers to the same state authority.

Pennsylvania regulations require periodic inspections at intervals not exceeding six months for electric and hydraulic elevators. All passenger elevators and escalators must be inspected at least once every three months under 34 Pa. Code Chapter 7. When a building owner skips those inspections, ignores a known defect, or fails to take a dangerous unit out of service, they can be held liable for any injuries that result.

Under OSHA regulations at 29 C.F.R. § 1917.116, no elevator or escalator with a defect that affects safety shall be used. Under 34 Pa. Code § 7.15, approved inspectors who find a violation causing a dangerous condition must immediately notify the building owner or agent and advise them to take the elevator out of service. If the building owner keeps a dangerous elevator running anyway, that decision can be powerful evidence of negligence in your personal injury claim.

Under 34 Pa. Code § 405.6, an elevator or lifting device may not be operated unless the Department issues a certificate of operation for its designated classification. A missing or lapsed certificate of operation is a red flag that a property owner was not meeting their legal obligations.

Common Causes of Elevator and Escalator Accidents in Bensalem, PA

Elevator and escalator accidents do not happen randomly. They almost always trace back to a specific mechanical failure, a maintenance lapse, or a design problem that someone failed to fix. Understanding the cause of your accident is the first step toward identifying who is legally responsible.

Elevator accidents in the Bensalem area often involve sudden drops or free falls caused by cable or pulley failures, doors that close too quickly or fail to reopen when a person is in the way, leveling problems that leave a gap between the elevator floor and the landing, and entrapments caused by electrical or mechanical failures. These types of incidents can cause serious crush injuries, falls, and traumatic brain injuries.

Escalator accidents carry their own set of risks. Under Pennsylvania regulations, escalator treads and landings must be constructed of material that provides a secure foothold, and concrete landings must have edge insertions of antislip material. When these requirements are ignored, riders can slip, trip, or fall. Other common escalator hazards include handrail failures, sudden stops, reverse-direction incidents, and clothing or footwear entrapments in the comb plate area.

Pennsylvania regulations require emergency stop buttons at the top and bottom landings of every escalator, accessible to the public, and their operation must interrupt the power supply, apply the brake, and stop the escalator. When those emergency stops are broken or blocked, a minor mechanical issue can turn into a serious injury event.

Other contributing factors include poor lighting in elevator lobbies and machine rooms, wet or slippery floors near escalator landings, and failure to post required warning signs. Buildings along the I-95 corridor and near the Pennsylvania Turnpike interchange in Bensalem see heavy foot traffic, which puts even more pressure on property managers to keep these systems properly maintained.

Who Can Be Held Liable for an Elevator or Escalator Accident in Bensalem?

Liability in elevator and escalator accident cases is rarely limited to one party. Multiple defendants may share responsibility, and Pennsylvania law allows your claim to reflect that reality.

The building owner or property manager is the most common defendant. They have a legal duty to maintain the premises in a reasonably safe condition, schedule required inspections, and respond to known defects. If a Bensalem mall, hotel, or commercial property owner knew about a problem and did nothing, they can be held accountable.

The elevator maintenance company is another potential defendant. These contractors are hired specifically to keep equipment safe. If a maintenance technician missed a critical defect or performed faulty repair work, that company shares liability for the resulting injuries.

In some cases, the elevator or escalator manufacturer can be held liable under product liability law. If a component was defectively designed or manufactured, the maker of that equipment can be named as a defendant regardless of how well the property owner maintained it.

Pennsylvania’s comparative negligence statute, codified at 42 Pa. C.S. § 7102, governs how fault is divided among multiple parties. Under this law, a plaintiff can recover damages as long as their own negligence is not greater than the combined negligence of all defendants. Any damages awarded are then reduced in proportion to the plaintiff’s share of fault. This means that even if an insurance company tries to blame you for the accident, you may still be entitled to substantial compensation.

Where multiple defendants are found liable, each is generally responsible for their proportional share of the damages. However, under 42 Pa. C.S. § 7102(a.1)(3), a defendant who is found to bear at least 60% of the total liability can be held jointly and severally liable for the full award.

What Damages Can You Recover After a Bensalem Elevator or Escalator Accident?

A serious elevator or escalator accident can turn your life upside down. Medical bills pile up fast, and many injured people cannot work while they recover. Pennsylvania personal injury law allows you to seek compensation for the full scope of your losses.

Economic damages cover the financial costs of your injury. These include past and future medical expenses, rehabilitation and physical therapy costs, lost wages from time missed at work, and reduced earning capacity if your injuries affect your ability to work long-term. If your injuries are severe enough to require in-home care or permanent assistive devices, those costs are also recoverable.

Non-economic damages address the personal toll of your injury. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for a spouse or partner are all recognized categories of non-economic harm under Pennsylvania law. These losses are real even though they do not come with a bill attached.

In the most tragic cases, an elevator or escalator accident causes a fatality. Pennsylvania’s Wrongful Death Act, codified at 42 Pa. C.S. § 8301, allows eligible family members to recover economic damages including medical expenses, funeral costs, and lost financial support. A separate survival action can also be brought on behalf of the decedent’s estate to recover for the pain and suffering the victim experienced before death. These cases require prompt legal attention, and the team at MyPhillyLawyer is ready to stand by your family.

Injuries in elevator and escalator accidents often overlap with other serious harm categories, including traumatic brain injuries from falls, spinal cord damage from sudden drops, and severe burns from electrical failures. The severity of these injuries is one reason why having experienced legal representation matters so much.

The Pennsylvania Statute of Limitations Gives You Two Years to File Your Claim

Time is one of the most critical factors in any personal injury case. In Pennsylvania, the general statute of limitations for personal injury claims is set by 42 Pa. C.S. § 5524. You have two years from the date of your injury to file a lawsuit in court.

Missing that deadline almost always means losing your right to any compensation, no matter how serious your injuries are. Pennsylvania courts enforce this deadline strictly, and defendants routinely use it as a defense to have cases dismissed. Do not wait to speak with an attorney.

There are limited circumstances where the clock may be paused or “tolled,” such as when the injured person is a minor or when the full extent of an injury is not immediately apparent. But these exceptions are narrow and do not apply in most standard elevator accident cases. Assuming you have extra time is a risk you cannot afford to take.

Starting your claim early also preserves critical evidence. Elevator inspection records, maintenance logs, surveillance footage from Bensalem properties, and witness statements all become harder to obtain as time passes. The Pennsylvania Department of Labor and Industry maintains inspection records, and those documents can be central to proving your case. Acting quickly gives your legal team the best opportunity to gather everything needed to build a strong claim.

If a loved one was killed in an elevator or escalator accident, the two-year limitation period applies to wrongful death and survival actions as well. Contact MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572 as soon as possible so we can protect your rights and begin investigating what happened.

FAQs About Bensalem PA Elevator and Escalator Accident Claims

What should I do immediately after an elevator or escalator accident in Bensalem?

Seek medical attention right away, even if you feel only mild pain. Adrenaline can mask serious injuries, and a medical record created close to the time of the accident is important evidence. Report the incident to the property manager or building owner and ask for a written incident report. If possible, photograph the scene, the equipment, and any visible injuries before you leave. Save all clothing and footwear you were wearing. Then contact a personal injury attorney before giving any recorded statement to an insurance company.

Can I file a claim if the elevator had a current inspection certificate?

Yes. A valid inspection certificate does not automatically protect a property owner from liability. Inspections happen at scheduled intervals, and a defect can develop between inspection dates. If the property owner or maintenance company knew about a problem and failed to fix it, or if the inspection itself was inadequate, you may still have a strong claim. The existence of a certificate is one fact among many that an attorney will evaluate when assessing your case.

What if I was partly at fault for the elevator or escalator accident?

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. You can still recover compensation as long as your share of fault does not exceed the combined fault of all defendants. If you are found to be 20% at fault, your damages are reduced by 20%. Only if your fault exceeds 50% are you barred from recovery. Do not assume that partial fault eliminates your claim. Let an attorney review the facts before you decide anything.

How long does an elevator or escalator accident case take to resolve?

Every case is different. Some claims are resolved through settlement negotiations within several months. Others, particularly those involving disputed liability or severe injuries, may take longer and require litigation. Factors that affect the timeline include the complexity of the evidence, the number of defendants, the severity of your injuries, and whether all parties negotiate in good faith. Your attorney can give you a more specific assessment once they have reviewed the details of your situation.

Does MyPhillyLawyer handle elevator and escalator accident cases in Bensalem?

Yes. MyPhillyLawyer handles personal injury cases for clients in Bensalem and throughout the greater Philadelphia region, including Bucks County. Our office serves clients in these areas, and we handle premises liability claims involving elevator and escalator accidents. If you were injured at a commercial property, mall, hotel, casino, or any other location in Bensalem, call us at (215) 227-2727 or Toll Free: 866-352-4572 to discuss your situation. MyPhillyLawyer is not certified by the Pennsylvania Supreme Court in any specialty area of law.

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