Florida Elevator Accident Lawyers

Elevators are used every day in Florida hotels, condominiums, apartment buildings, hospitals, office towers, shopping centers, airports, parking garages, resorts, and other properties. Most rides end without incident. When an elevator suddenly drops, stops unevenly with a floor, closes on a passenger, opens when the car is not present, or otherwise malfunctions, however, the resulting injuries can be severe.

The Florida elevator accident lawyers at the Law Offices of Jason Turchin represent people who may have been injured because of negligent elevator maintenance, unsafe property conditions, defective components, improper repairs, inspection failures, or other potentially preventable problems. An elevator injury case can involve multiple companies and extensive technical evidence, so determining what happened may require much more than simply identifying the building owner.

If you or a family member was injured in an elevator accident anywhere in Florida, call 800-337-7755 or contact our firm online for a free consultation. Cases are handled on a contingency fee basis, which means there are no fees or costs owed to our firm unless there is a recovery.

What Is a Florida Elevator Accident Claim?

An elevator accident claim may arise when an injury is allegedly caused by negligence, unsafe maintenance, a defective elevator or component, a dangerous property condition, or another failure involving the design, installation, inspection, repair, or operation of an elevator.

Depending on what caused the incident, an elevator injury claim may involve principles of personal injury law, premises liability, or product liability.

The Florida Elevator Safety Act recognizes the potential danger of unsafe lifting devices and establishes requirements intended to promote public safety. Florida Statutes Chapter 399 regulates elevators and other vertical conveyances in the state and addresses matters including construction, maintenance, inspections, certificates of operation, accident reporting, and elevator industry professionals.

You can review the current Florida Elevator Safety Act, Chapter 399, through the Florida Legislature.

What Types of Elevator Accidents Can Lead to Injury Claims?

Elevator accidents can happen in many different ways. Some involve a sudden mechanical failure. Others may result from a condition that developed over time and allegedly should have been identified through proper maintenance or inspection.

Potential elevator accident scenarios include:

• An elevator car that suddenly drops or descends unexpectedly
• An elevator that abruptly rises or stops
• An elevator that stops above or below the landing, creating a trip or fall hazard
• Doors that close too quickly on a passenger
• Doors that fail to reopen when an object or person is detected
• Elevator doors opening when the car is not properly positioned at the landing
• A passenger becoming trapped between elevator doors
• A person becoming trapped inside an elevator
• Sudden starts or stops that cause a passenger to fall
• Problems involving leveling systems, brakes, sensors, interlocks, or controls
• Elevator equipment or debris falling onto a passenger or worker
• Freight or cargo elevator accidents
• Construction-site elevator accidents
• Service elevator accidents
• Accidents involving platform lifts or other regulated vertical conveyances

The particular malfunction can be important because it may help identify what records should be preserved, which components should be inspected, and which companies may have relevant information.

Elevator Misleveling and Trip and Fall Accidents

One common elevator injury scenario occurs when the elevator car does not stop level with the building floor. Even a relatively small difference in elevation can create a trip hazard for someone entering or exiting the elevator.

Older adults, people using mobility devices, hotel guests carrying luggage, parents pushing strollers, and anyone who reasonably expects the elevator floor to align with the landing may be particularly vulnerable to this type of accident.

An investigation into an alleged misleveling incident may include reviewing:

• Maintenance and repair records
• Service callbacks involving leveling problems
• Inspection reports
• Prior complaints from tenants or guests
• Elevator fault logs
• Work orders
• Surveillance footage
• Building incident reports
• Records involving relevant elevator components

A misleveling claim may overlap with general slip and fall or trip and fall law, but the mechanical and maintenance issues can make elevator cases substantially more technical than an ordinary premises liability claim.

Elevator Door Injuries

Elevator doors are intended to open and close in a controlled manner. Injuries may occur when doors allegedly close with excessive force, sensors fail to recognize a passenger, doors unexpectedly reopen or close, or the door system otherwise malfunctions.

A passenger may suffer injuries to an arm, shoulder, hip, hand, leg, head, or other part of the body when struck or trapped by elevator doors.

An investigation may focus on door operators, reopening devices, sensors, maintenance history, adjustment records, prior service calls, and whether technicians previously identified similar problems.

Elevator Drop and Sudden Movement Claims

Passengers sometimes describe an elevator accident as the elevator “dropping.” The precise mechanical event can vary considerably. The elevator may have moved unexpectedly, descended rapidly for a short distance, stopped abruptly, experienced a control problem, or undergone another event that felt like a fall to the passengers inside.

It is important not to assume the mechanical cause based only on how the event felt. Elevator systems are complex, and technical records may help determine what actually happened.

Evidence in a sudden-movement case may include fault codes, controller data, repair records, maintenance logs, inspection records, technician notes, surveillance footage, witness statements, and a physical examination of the equipment when appropriate.

Passenger Elevator Accidents

Passenger elevators are found throughout Florida, particularly in hotels, condominiums, apartment buildings, hospitals, office buildings, airports, retail centers, and resorts.

A passenger elevator injury may occur because of alleged problems involving leveling, door operation, sudden movement, braking, controls, maintenance, or other equipment.

Depending on the facts, the property owner, property manager, elevator maintenance company, repair contractor, manufacturer, installer, or another entity could potentially become relevant to the investigation.

Freight and Cargo Elevator Accidents

Freight and cargo elevators may be used in hotels, warehouses, restaurants, commercial buildings, construction projects, and industrial facilities. Injuries involving these elevators can be especially serious because of the equipment involved and the loads being transported.

Potential claims may involve sudden movement, door failures, loading issues, mechanical defects, negligent maintenance, unsafe operation, or other conditions.

When a worker is injured, additional questions can arise concerning workers’ compensation and whether a separate claim may exist against a third party other than the worker’s employer.

Who May Be Responsible for a Florida Elevator Accident?

There is no single defendant in every elevator accident case. Responsibility may depend on who owned, maintained, serviced, inspected, repaired, manufactured, installed, or controlled the elevator and surrounding premises.

Potentially responsible parties may include:

• The building owner
• A condominium association
• An apartment complex owner
• A hotel or resort owner
• A property management company
• An elevator maintenance company
• An elevator repair contractor
• An elevator installation company
• The manufacturer of the elevator
• A manufacturer of a defective component
• A contractor or subcontractor
• Another entity responsible for inspection, maintenance, or operation

Florida law specifically provides that after a certificate of operation has been issued, the elevator owner is responsible for safe operation, proper maintenance, inspection, and correction of code deficiencies, although those responsibilities may be assigned by lease in some circumstances.

That statutory responsibility does not necessarily determine civil liability by itself. A personal injury case still requires analysis of what happened, the relationships among the parties, contractual obligations, applicable law, causation, and the available evidence.

What Is the Florida Elevator Safety Act?

Florida regulates elevators through Chapter 399 of the Florida Statutes, commonly known as the Elevator Safety Act. The stated purpose of the law includes promoting public safety and protecting people from unsafe and defective lifting devices.

The law applies to several types of vertical conveyances and addresses issues including:

• Elevator construction and installation
• Alterations and relocation
• Certificates of operation
• Maintenance responsibilities
• Elevator inspections
• Correction of deficiencies
• Elevator companies and technicians
• Certified elevator inspectors
• Accident reporting
• Enforcement and penalties

Florida’s Department of Business and Professional Regulation, through the Division of Hotels and Restaurants and Bureau of Elevator Safety, regulates elevators and other covered conveyances. The Florida Bureau of Elevator Safety maintains regulatory information, inspection resources, accident information, and other elevator safety records.

How Often Do Elevators Have to Be Inspected in Florida?

Florida Statutes section 399.061 generally requires elevators and other conveyances subject to Chapter 399 to be inspected annually by a certified elevator inspector or by a county or municipality operating under an agreement with the state.

There is an important exception. Under the current statute, an elevator that is not an escalator or dumbwaiter, serves only two adjacent floors, and is covered by a qualifying service maintenance contract may not require the annual inspection while that service contract remains in effect.

Because exceptions may apply, it is more accurate to review the specific elevator’s inspection and maintenance history than to assume every Florida elevator is subject to precisely the same inspection schedule.

The Bureau of Elevator Safety publishes statewide elevator inspection information, including inspection extracts and violation codes.

What Is an Elevator Certificate of Operation?

A certificate of operation is a document issued by the Florida Department of Business and Professional Regulation indicating that the conveyance has undergone the required safety inspection and testing and that applicable fees have been paid.

Florida law generally prohibits the normal operation of a newly installed, relocated, or altered elevator until the required tests and inspections have been completed and a certificate of operation has been issued, subject to limited provisions permitting temporary use.

A current certificate and inspection history may become relevant evidence after an elevator accident. An investigation may also examine whether prior deficiencies were identified and whether corrective work was completed.

Florida Elevator Accident Reporting Requirements

Florida Statutes section 399.125 contains a specific accident-reporting requirement. Under the current law, the certificate of operation holder must report an accident occurring in or upon an elevator to the state division within 5 working days using the prescribed form.

The Florida Bureau of Elevator Safety also maintains an accident database containing reported elevator accidents throughout the state. Depending on the incident, this information may help identify the regulatory history associated with a particular elevator or property.

The state’s Elevator Safety accident resource provides information concerning accident reporting and statewide accident records.

What Evidence Should Be Preserved After an Elevator Accident?

Evidence can be especially important in an elevator case because the equipment may be repaired or adjusted soon after the incident. By the time an injured passenger decides to investigate, the condition that allegedly caused the accident may no longer exist.

Depending on the circumstances, relevant evidence could include:

• The elevator involved in the accident
• Photographs and video of the elevator and landing
• Building surveillance footage
• Elevator controller or fault data
• Maintenance records
• Repair records
• Service tickets and technician notes
• Prior callback records
• Inspection reports
• Certificates of operation
• Violation notices
• Prior complaints involving the elevator
• Property management communications
• Incident reports
• Witness statements
• Contracts between the property owner and elevator company
• Manufacturer documents
• Relevant parts that were removed or replaced after the accident

In some cases, preserving the elevator or a failed component before repairs are completed may be important. An attorney can evaluate whether a preservation letter, inspection, expert examination, public records request, or other investigative step may be appropriate.

Can Previous Elevator Problems Help Prove a Case?

Potentially. Prior complaints, service calls, malfunction reports, repairs, or inspection deficiencies may become relevant depending on the specific theory of liability and evidentiary rules.

For example, if a passenger is injured when an elevator repeatedly stops below the landing, prior records showing similar leveling complaints may become significant to an investigation.

The same could be true for recurring door problems, unusual noises, shutdowns, fault codes, entrapments, abrupt movement, or other reported conditions.

An important part of an elevator accident investigation can therefore be obtaining the historical records rather than looking only at what happened on the day of the injury.

Elevator Maintenance Company Liability

Commercial elevators are often maintained under contracts between property owners and specialized elevator companies. The scope of those agreements can vary.

An elevator maintenance company could potentially become relevant if an injury is connected to work it performed, a dangerous condition it allegedly failed to detect, an improper adjustment, an inadequate repair, or another issue within its responsibilities.

Maintenance records may show when technicians visited the property, what complaints were reported, which components were inspected or replaced, and whether recurring problems were identified.

The actual maintenance agreement can also matter because it may help establish which entity agreed to perform particular inspection, maintenance, testing, or repair functions.

Florida Elevator Product Liability Claims

Not every elevator accident is necessarily a maintenance case. Some incidents may involve an allegedly defective component or system.

A Florida product liability claim may potentially arise when an injury is caused by a defect involving an elevator or one of its components.

Potential issues may involve:

• Door systems
• Sensors
• Control systems
• Braking components
• Leveling equipment
• Interlocks
• Electrical components
• Hydraulic equipment
• Other elevator parts or systems

Product liability cases can involve different legal theories and evidence than ordinary negligent maintenance claims. Preserving the allegedly defective component may be particularly important.

What Injuries Can an Elevator Accident Cause?

Elevator malfunctions can cause injuries ranging from relatively minor soft-tissue injuries to catastrophic trauma. The nature of the injury often depends on the type of incident, passenger’s position, force involved, and whether a fall occurred.

Possible injuries can include:

• Broken bones
• Hip fractures
• Knee injuries
• Ankle and foot injuries
• Shoulder injuries
• Back injuries
• Neck injuries
• Spinal injuries
• Head injuries
• Traumatic brain injuries
• Crush injuries
• Nerve injuries
• Lacerations
• Permanent scarring
• Psychological trauma following an entrapment or fall

A severe elevator accident may also result in death. When an elevator incident is fatal, surviving family members may have potential rights under Florida’s wrongful death laws.

What Compensation May Be Available After a Florida Elevator Accident?

The damages potentially available depend on the facts, injuries, applicable law, insurance coverage, and responsible parties.

A claim may potentially include compensation for:

• Past medical expenses
• Future medical treatment
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Disability
• Disfigurement or scarring
• Loss of enjoyment of life
• Other economic or noneconomic damages permitted by law

In a wrongful death case, a different set of damages may apply to qualifying survivors and the estate.

What If the Building Says the Elevator Company Is Responsible?

It is common for multiple parties to point to one another after an elevator accident. A property owner may contend that the elevator maintenance company was responsible. The maintenance company may argue that the owner failed to authorize repairs, that another contractor altered the equipment, or that the incident was unrelated to maintenance.

An injured person does not necessarily have to accept any defendant’s explanation without investigation.

Determining potential responsibility may require reviewing contracts, service histories, inspection records, communications, technician testimony, expert opinions, and other evidence.

What Should I Do After an Elevator Accident in Florida?

If you are injured in an elevator accident, your health should generally come first. Depending on the circumstances, practical steps may include:

1. Get medical attention. Some injuries may not be immediately apparent.
2. Report the incident. Notify building management, security, hotel staff, or another appropriate representative.
3. Document the elevator. If possible, take photographs or video showing the elevator number, floor, doors, landing, and any visible condition involved.
4. Identify witnesses. Obtain names and contact information from people who saw the incident.
5. Save your records. Keep medical bills, photographs, incident reports, receipts, correspondence, and other documentation.
6. Avoid assuming the elevator will remain unchanged. Repairs or adjustments may occur quickly after an accident.
7. Consider contacting an elevator accident lawyer. An attorney can evaluate what evidence may need to be preserved and which parties may have relevant records.

How Long Do You Have to File an Elevator Accident Lawsuit in Florida?

Florida Statutes section 95.11 currently provides a two-year limitations period for actions founded on negligence. However, the actual deadline in an elevator case can depend on the legal theory, date of the incident, identity of the defendant, whether a governmental entity is involved, whether the claim concerns the design or construction of an improvement to real property, and other factors.

You can review Florida Statutes section 95.11 through the Florida Legislature.

There is another reason not to wait until a limitations deadline is approaching. Elevator equipment can be repaired, surveillance footage may be overwritten, employees may change jobs, and records may become more difficult to obtain. Investigating early can sometimes be as important as filing before the legal deadline.

Florida Comparative Fault and Elevator Injury Claims

Florida uses a modified comparative fault system for many negligence actions. Depending on the type of case and applicable law, a claimant’s percentage of fault can affect the damages that may be recovered.

An elevator defendant could potentially argue, for example, that the injured person failed to exercise reasonable care while entering or exiting the elevator. Whether that argument has factual or legal support depends on the circumstances.

The existence of a defense allegation does not necessarily determine the outcome. Photographs, video, witness testimony, elevator records, and other evidence may help establish how the accident actually occurred.

Are Elevator Accident Records Public in Florida?

Some elevator regulatory information may be available from the Florida Bureau of Elevator Safety, including statewide inspection and accident data. Local jurisdictions operating under agreements with the state may also maintain records concerning elevators within their jurisdiction.

Public records can sometimes provide useful information concerning inspections, violations, accidents, certificates, and elevator history. They are only one part of a potential investigation, however. Private maintenance records, service contracts, internal communications, video, repair logs, and other important evidence may need to be obtained separately.

Frequently Asked Questions About Florida Elevator Accidents

Can I sue if an elevator suddenly dropped in Florida?

Potentially. Whether there may be a viable claim depends on what caused the movement, whether negligence or a defect contributed to the incident, whether the event caused an injury, and which parties may have been responsible for the elevator.

Can I sue if an elevator was not level with the floor?

Potentially. Elevator misleveling can create a trip and fall hazard. A claim may require investigation into why the elevator stopped unevenly and whether the condition was connected to maintenance, a mechanical problem, inspection issues, or another cause.

Who is responsible for maintaining an elevator in Florida?

Florida law generally makes the elevator owner responsible for safe operation, proper maintenance, inspection, and correction of code deficiencies after a certificate of operation has been issued, although the statute permits those responsibilities to be assigned by lease. Other companies may also have contractual or legal responsibilities depending on the circumstances.

How often do elevators have to be inspected in Florida?

Florida law generally requires annual inspections for elevators and other conveyances covered by Chapter 399. An exception currently exists for certain elevators serving only two adjacent floors when they are covered by a qualifying service maintenance contract.

Does a Florida elevator accident have to be reported?

Florida Statutes section 399.125 generally requires the certificate of operation holder to report an accident occurring in or upon an elevator to the division within five working days.

Can I obtain the inspection history for a Florida elevator?

Potentially. The Florida Bureau of Elevator Safety publishes statewide inspection information and maintains regulatory records. Additional records may also exist with a local contracted jurisdiction or property owner.

What if the elevator company repaired the elevator immediately after my accident?

A repair after an incident does not necessarily prevent a claim, but it may make preservation of evidence more important. Service records, removed components, fault data, photographs, surveillance video, technician notes, and other documentation may help establish what occurred.

Can a hotel be responsible for an elevator accident?

Potentially. Liability depends on the facts, including ownership, maintenance arrangements, notice of prior problems, applicable contracts, and the cause of the malfunction. Hotels may also have maintenance companies or other contractors whose conduct should be evaluated.

Can a condominium association be liable for an elevator injury?

Potentially. A condominium association may own or control common-area elevators and may have responsibilities concerning their operation and maintenance. The governing documents, maintenance contracts, inspection history, and facts of the incident may all be relevant.

What if I was injured in a freight elevator at work?

A workplace elevator accident may involve workers’ compensation as well as a potential third-party claim against another company, depending on who caused the incident and the relationships among the parties.

Can a defective elevator lead to a product liability claim?

Potentially. If an injury is linked to an allegedly defective elevator component or system, manufacturers, distributors, installers, or other entities may become relevant to a product liability investigation.

What happens if someone dies in an elevator accident?

A fatal elevator accident may lead to a wrongful death claim if the evidence supports liability against one or more parties. Florida law determines who may bring the claim and what categories of damages may potentially be available.

Why Choose the Law Offices of Jason Turchin for a Florida Elevator Accident Case?

Elevator accident cases can involve premises liability, mechanical systems, maintenance companies, property owners, contractors, product liability, regulatory records, and technical expert analysis. Identifying the potential cause and preserving evidence early can be important.

Jason Turchin has been selected to Super Lawyers each year from 2020 through 2026 and was previously selected as a Super Lawyers Rising Star in 2011 and from 2013 through 2016. He has received an Avvo 10.0 Superb Rating and was AV Preeminent Peer Rated for Highest Level of Professional Excellence by Martindale-Hubbell in 2026.

The firm received the Martindale-Hubbell Client Champion Platinum Award in 2026 and has maintained an A+ BBB rating annually from 2014 through 2026.

Jason is a Lifetime Charter Member of Best Attorneys of America and a member of the Million Dollar Advocates Forum list and Multi-Million Dollar Advocates Forum list. He was also named to America’s Top 100 Personal Injury Attorneys® list in 2026, 7 Figure Litigators® – America’s Premier High-Stakes Trial Lawyers® in 2026, and the 2026 MyLegalWin Top Attorneys in America list.

His legal commentary and work have been featured in or on CBS Evening News, CBS This Morning, CNN, The New York Times, The Wall Street Journal, The Washington Post, Bloomberg News, USA Today, and Rolling Stone.

Ratings, awards, memberships, media recognition, and prior results do not guarantee a similar outcome in any future matter.

Florida Elevator Accident Lawyers Serving Clients Statewide

Our firm represents injury clients throughout Florida, including Miami, Fort Lauderdale, Broward County, Palm Beach County, Boca Raton, West Palm Beach, Orlando, Tampa, Jacksonville, Naples, Fort Myers, Key West, and surrounding communities.

Elevator accidents may occur in condominiums, apartment buildings, hotels, resorts, hospitals, offices, cruise terminals, parking garages, shopping centers, airports, and other properties. The location of the accident can affect which companies, property records, regulatory agencies, and courts may become relevant.

You can also review additional information about elevator injury claims through VictimAid.com’s elevator accident resource.

Speak With a Florida Elevator Accident Lawyer

If you or a loved one was injured because an elevator allegedly dropped, misleveled, malfunctioned, trapped a passenger, closed unexpectedly, or otherwise operated unsafely, the Law Offices of Jason Turchin can review the circumstances and discuss potential options.

An early investigation may help identify maintenance records, inspection reports, video, prior complaints, service records, responsible companies, and other evidence that could become important to a potential claim.

Call 800-337-7755 or chat with our live agents for a free consultation. Cases are handled on a contingency fee basis, which means there are no fees or costs owed to our firm unless there is a recovery.