Every day in Upper Darby, people ride elevators and escalators at places like the 69th Street Transportation Center, the shopping centers along West Chester Pike, and the office buildings lining Baltimore Pike. Most of those rides go without incident. But when a building owner skips required maintenance, ignores a known defect, or fails to fix a dangerous condition, someone gets hurt. If that someone is you, Pennsylvania law gives you the right to pursue compensation. A Philadelphia personal injury lawyer at MyPhillyLawyer can help you understand your rights and fight for the money you deserve.

Table of Contents

• Why Elevator and Escalator Accidents Happen in Upper Darby
• Pennsylvania Law Holds Property Owners Responsible for Elevator and Escalator Safety
• Pennsylvania’s Comparative Negligence Law and How It Affects Your Claim
• What Compensation Can You Recover After an Elevator or Escalator Accident in Upper Darby?
• The Statute of Limitations Gives You Two Years to File Your Claim
• FAQs About Upper Darby Elevator and Escalator Accident Claims

Why Elevator and Escalator Accidents Happen in Upper Darby

Elevator and escalator accidents are not random events. They almost always trace back to a failure by someone responsible for the equipment’s safety. The Consumer Product Safety Commission estimated that there were approximately 7,300 escalator injuries and 9,800 elevator injuries requiring hospitalization in a single year. That scale of harm points to a systemic problem, not just bad luck.

Upper Darby has a dense mix of commercial and transit properties. The 69th Street Transportation Center alone sees thousands of commuters daily, and its escalators and elevators carry people of all ages and physical abilities. When those machines fail, the results can be serious.

Common causes of elevator and escalator accidents include:

• Failure to perform required inspections or maintenance
• Worn or broken steps, handrails, or door mechanisms
• Sudden stops or unexpected reversals
• Leveling errors that leave a gap between the elevator floor and the building floor
• Entrapment of clothing, shoes, or limbs in escalator components
• Malfunctioning doors that close on passengers
• Electrical failures that cause uncontrolled movement

The CPSC estimated that 75% of escalator injuries resulted from falls, 20% from entrapment at the bottom or top of an escalator or between a moving stair and escalator sidewall, and 5% from other causes. Falls and entrapments are preventable when property owners follow the law.

Pennsylvania’s 34 Pa. Code Chapter 7 and Chapter 405 set out detailed safety requirements for elevators and escalators. When a property owner ignores those requirements, that failure can form the basis of a negligence claim. The law does not require you to prove intent. You only need to show that the owner failed to meet a reasonable standard of care and that failure caused your injury.

Pennsylvania Law Holds Property Owners Responsible for Elevator and Escalator Safety

Pennsylvania premises liability law places a legal duty on property owners to keep their buildings reasonably safe for visitors. That duty extends directly to elevators and escalators. When an owner breaches that duty and someone is hurt as a result, the injured person can file a civil claim for damages.

Under Pennsylvania’s Uniform Construction Code, the Department of Labor and Industry has sole jurisdiction over elevator and escalator safety throughout the state, including Philadelphia. All elevators, escalators, dumbwaiters, and moving walks must be inspected annually by a state-certified inspector.

Pennsylvania regulations require that all passenger elevators and escalators be inspected at least once every three months, and freight elevators be inspected at least once every six months. These are not suggestions. They are legal requirements. A building owner who allows equipment to fall out of compliance is not just violating a regulation. That owner is creating a foreseeable danger for every person who uses that equipment.

When an approved inspector finds a violation that causes a dangerous condition, that inspector must immediately notify the building owner and advise them to take the elevator out of service. The inspector must then notify the local elevator inspector so a seal can be placed on the elevator. No elevator may be operated after being placed out of service until the violations have been corrected and approved by the Department.

If a property owner keeps a defective elevator running after receiving notice of a violation, that is strong evidence of negligence. In Upper Darby, where apartment buildings, retail centers near the 69th Street shopping district, and office buildings all rely on this equipment, these violations happen more than most people realize. A personal injury claim based on premises liability can hold the at-fault party accountable for the injuries that result.

Pennsylvania’s Comparative Negligence Law and How It Affects Your Claim

One of the most common defenses in elevator and escalator injury cases is that the injured person was partially at fault. Pennsylvania law has a direct answer to that defense. Under 42 Pa. C.S. § 7102, Pennsylvania follows a modified comparative negligence rule. This statute allows an injured person to recover damages even if they were partly responsible, as long as their share of the fault does not exceed 50%.

Under § 7102(a), any damages you recover are reduced in proportion to your percentage of fault. So if a jury finds you were 20% at fault and awards $100,000 in damages, you would receive $80,000. You only lose the right to recover entirely if you are found more than 50% responsible.

Defense lawyers for building owners and insurance companies often argue that an injured person was distracted, not holding the handrail, or wearing improper footwear. These arguments are designed to shift blame and reduce the amount the property owner must pay. An experienced attorney can counter those arguments with evidence showing the true cause of the accident.

Pennsylvania’s comparative negligence law also addresses situations where more than one party shares fault. Under § 7102(a.1), each defendant is generally liable only for their proportional share of damages. However, a defendant who is found at least 60% responsible is subject to joint and several liability, meaning they can be held responsible for the full amount of the judgment. This matters in cases involving multiple parties, such as a building owner and a maintenance contractor who both contributed to a dangerous condition.

Do not let an insurance adjuster convince you that your own actions disqualify your claim. Even if you bear some responsibility, you may still have a strong case under Pennsylvania law.

What Compensation Can You Recover After an Elevator or Escalator Accident in Upper Darby?

Elevator and escalator accidents cause a wide range of injuries. Falls from sudden stops or leveling failures can result in traumatic brain injuries, spinal cord damage, and broken bones. Entrapment incidents can cause amputations and crush injuries. These are life-changing events that carry serious financial consequences.

Pennsylvania personal injury law allows injured victims to pursue compensation for both economic and non-economic losses. Economic damages include:

• Medical bills, including emergency care, surgery, hospitalization, and rehabilitation
• Future medical costs if the injury requires ongoing treatment
• Lost wages from time missed at work
• Reduced earning capacity if the injury affects your ability to work long-term

Non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disfigurement or disability

If a loved one died in an elevator or escalator accident, Pennsylvania’s Wrongful Death Act at 42 Pa. C.S. § 8301 allows surviving family members to pursue compensation for their losses. Under this statute, eligible survivors can recover damages for the economic support and services the deceased provided. The personal representative of the estate may also recover reasonable hospital, nursing, medical, and funeral expenses caused by the fatal injury.

Every case is different. The value of your claim depends on the severity of your injuries, the strength of the evidence, and the parties involved. What matters most is that you act quickly to preserve that evidence and protect your rights.

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

Pennsylvania law sets a strict deadline for filing personal injury claims. Under 42 Pa. C.S. § 5524, you generally have two years from the date of your injury to file a lawsuit. If you miss that deadline, the court will almost certainly dismiss your case, and you will lose your right to recover any compensation.

Two years may sound like a long time, but it passes quickly when you are focused on recovering from a serious injury. Evidence fades. Witnesses move. Security camera footage gets overwritten. Inspection records get lost. The sooner you take action, the better your chances of building a strong case.

There are limited exceptions to the two-year rule. If the injured person was a minor at the time of the accident, the clock may not start running until they turn 18. In rare cases involving delayed discovery of an injury, the deadline may be extended. But these exceptions are narrow, and you should not count on them applying to your situation.

If your accident happened at a government-owned facility, such as a transit station operated by SEPTA near the 69th Street Transportation Center, additional notice requirements may apply. Claims against government entities often require formal written notice within a much shorter window, sometimes as few as six months from the date of the accident. Missing that notice deadline can bar your claim entirely, even if the two-year statute of limitations has not yet expired.

The safest course of action is to contact an attorney as soon as possible after your accident. MyPhillyLawyer serves clients throughout the Philadelphia area and Delaware County, including Upper Darby. Call us at (215) 227-2727 to schedule a free consultation. You pay nothing unless we recover compensation for you. (Note: clients may be responsible for certain case expenses regardless of outcome; your attorney will explain the details during your consultation.)

FAQs About Upper Darby Elevator and Escalator Accident Claims

Who can be held liable for my elevator or escalator accident in Upper Darby?

Multiple parties can share responsibility for an elevator or escalator accident. The building owner is typically the first party to look at, since they have a legal duty to maintain safe premises under Pennsylvania premises liability law. A maintenance company hired to service the equipment can also be liable if their negligence caused or contributed to the defect. In some cases, the manufacturer of the elevator or escalator may be responsible if a design or manufacturing defect caused the accident. A thorough investigation is needed to identify all potentially liable parties.

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

Your first priority is your health. Seek medical attention right away, even if your injuries seem minor. Some serious injuries, including traumatic brain injuries and internal damage, may not show symptoms immediately. Report the accident to the building owner or property manager and ask for a written incident report. Take photos of the scene, the equipment, and your injuries if you are able to do so safely. Collect contact information from any witnesses. Preserve any clothing or footwear you were wearing. Then contact an attorney before speaking with any insurance company representative.

Does Pennsylvania law require elevators and escalators to be regularly inspected?

Yes. Pennsylvania’s 34 Pa. Code Chapter 7 and Chapter 405 require passenger elevators and escalators to be inspected at regular intervals by certified inspectors. Building owners must also maintain current certificates of operation, which must be posted in each elevator cab. Pennsylvania’s Department of Labor and Industry oversees elevator safety statewide. When a building owner fails to meet these inspection requirements and someone is hurt as a result, that failure is strong evidence of negligence in a personal injury claim.

Can I still recover compensation if I was partially at fault for my accident?

Yes, in most cases. Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. As long as your share of the fault does not exceed 50%, you can still recover damages. Your total compensation will be reduced by your percentage of fault. For example, if you are found 25% at fault and your damages are $80,000, you would receive $60,000. Do not assume that partial fault eliminates your claim. Talk to an attorney to get an accurate assessment of your situation.

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

There is no single answer that applies to every case. Some claims resolve through settlement negotiations within several months. Others require filing a lawsuit and going through the court process, which can take a year or longer depending on the complexity of the case and the court’s schedule. Cases filed in the Delaware County Court of Common Pleas, which handles civil matters from Upper Darby, follow their own scheduling procedures. The strength of the evidence, the number of parties involved, and the willingness of the insurance company to negotiate fairly all affect how long the process takes. An attorney can give you a more specific estimate after reviewing the facts of your case.