Indianapolis Elevator & Escalator Accident Lawyer
Getting paid for a serious elevator or escalator injury usually means finding out who was actually responsible for that machine, and that is rarely the person who owns the building. Whitfield Crosby & Flynn is a personal injury and wrongful death trial firm that handles elevator and escalator injury claims for people hurt in Indianapolis and across Central Indiana, including Carmel, Fishers, Noblesville, Greenwood, Lawrence, Avon and Plainfield. Our Indianapolis elevator and escalator accident lawyer team takes on the cases that turn on maintenance logs, inspection histories and equipment design.
These injuries happen in places Indianapolis residents use every day: downtown office towers, hotels near the convention district, hospital campuses, parking garages, apartment complexes and shopping centers. A car that stops between floors and then drops, a door that closes on a passenger, a floor that does not line up with the landing, or an escalator step that gives way can cause fractures, head trauma, crush injuries and spinal damage in seconds.
What makes these claims different from an ordinary fall is the number of parties who may share responsibility. The building owner, the property manager, the elevator maintenance contractor, the manufacturer and the company that did the last modernization may each hold a piece of the blame, and each one has an insurer ready to point at the others.
Why Choose Whitfield Crosby & Flynn for an Elevator or Escalator Injury Claim
Whitfield Crosby & Flynn is a trial firm first. Our attorneys bring more than 90 years of combined experience and have had a role in settlements and verdicts totaling over $1 billion. We prepare every case for trial from day one, and insurers that handle elevator claims know the difference between a firm that is building a courtroom case and one that is hoping for a quick check. Clients also have a direct line to their attorney, so questions about medical bills, deadlines or strategy get answered by someone who knows the file.
John Whitfield, our founding attorney, has practiced law for more than 40 years, is certified as a Trial Specialist by the National Board of Trial Advocacy, and has obtained more than 30 settlements and verdicts over one million dollars. Chuck Flynn, who is admitted to practice in Indiana and is a Notre Dame Law School graduate, is a member of the Multi-Million Dollar Advocates Forum and was recognized as an Attorney for Justice by the Tennessee Supreme Court. Sarah Bearden, a former public defender, Tim Crosby, who focuses his practice on personal injury and wrongful death trial work, and Andrew Flynn, who has argued before the Illinois Supreme Court, round out a team that works together across the firm. Our attorneys are members of the American Association for Justice, the Kentucky Justice Association and the Tennessee Trial Lawyers Association, and the firm has been recognized by Best Lawyers: Ones to Watch.
Equipment cases are where our record matters most. We secured a $1.2 million settlement for the death of a miner caused by the faulty design of a shuttle car, a case that, like an elevator claim, turned on proving that a machine was built or maintained in a way that made injury foreseeable. We also obtained a $165 million settlement in a worldwide class action over defective heart valves, which reflects our willingness to take on manufacturers and the engineering evidence that comes with them. Prior results do not guarantee a similar outcome in any future case.
Where Elevator and Escalator Injuries Come From
- Sudden Drops and Free Falls: A car that descends faster than it should, or stops abruptly after a drop, often points to worn cables, failed safety brakes or a governor that was not working. Passengers in Indianapolis high-rises and parking structures can suffer spinal compression fractures and head injuries from these events.
- Misleveling and Tripping: When a car stops several inches above or below the landing, passengers trip stepping in or out. Misleveling is frequently a maintenance failure, and service records often show earlier complaints that were never fixed.
- Door Malfunctions: Doors that close on a person, fail to reopen, or open when no car is present cause crush injuries and shaft falls. Sensor failures and misadjusted door equipment are common culprits.
- Escalator Entrapment: Clothing, shoes, hands and mobility aids can be pulled into the comb plate or the gap at the side of the steps. Children and older adults face the greatest risk, and the injuries can include degloving, amputation and deep tissue damage.
- Escalator Collapses and Sudden Stops: A step that breaks, a handrail that moves at a different speed than the stairs, or an abrupt stop can throw a crowded escalator into a pileup, which is a particular concern in busy shopping centers and event venues.
- Entrapment and Rescue Failures: Being stuck in a stalled car is not always harmless. Heat, panic, medical emergencies and unsafe self-rescue attempts can lead to injury, especially when emergency phones or alarms do not work.
- Maintenance and Modernization Errors: A contractor who skipped scheduled service, installed incorrect parts or left a unit partially repaired may be liable alongside the owner, even if the owner hired that contractor to handle everything.
- Workers Injured Around Elevators: Technicians, janitors and construction workers face shaft and machine-room hazards. Workers’ compensation may cover part of the loss, but a third-party claim against a manufacturer or contractor can reach damages workers’ compensation does not.
What to Do After an Elevator or Escalator Injury in Indianapolis
Start with your health. Get evaluated even if you walk away feeling shaken, because spinal and brain injuries can show up hours later. Medical records created close to the incident also become the backbone of the claim. If you were treated at an Indianapolis hospital, keep every discharge paper, bill and referral.
Report the incident to the building owner or manager in writing, and ask for a copy of the incident report. Do not give a recorded statement to an insurance adjuster before you have talked to a lawyer, and do not sign a medical authorization that gives the insurer open access to your history. Take photos of the equipment, the floor indicator, any posted inspection certificate and your injuries. Get names and contact information from witnesses, and save the clothing and shoes you wore.
The most important thing to understand is that the evidence lives with other people. Maintenance logs, inspection certificates, repair invoices, service contracts, callback records and surveillance video belong to the owner, the contractor or the manufacturer, and video is often overwritten within weeks. A lawyer can send preservation demands quickly and, once a suit is filed, use the court’s discovery process to compel records. We also bring in engineers who can examine the equipment itself, which is often the difference between suspecting a defect and proving one.
On timing, Indiana generally gives you two years from the date of injury to file a lawsuit for injury to a person, and wrongful death claims also carry a two-year window measured from the date of death. If the owner is a government body, such as a public building or transit facility, Indiana requires a notice of claim within 180 days of the loss, which is far shorter than most people expect. If the injury happened in a hospital or clinic and involved negligent care rather than a mechanical failure, the medical malpractice rules apply, including a review by a medical review panel before suit can be filed. Cases in Marion County are heard in the county’s circuit and superior courts, and matters involving parties from different states can end up in the U.S. District Court for the Southern District of Indiana.
The decision that most affects your case is how you respond to an early settlement offer. Insurers often make one before the full extent of your injury is known. If you accept it, the claim is over, even if surgery or long-term care turns out to be necessary. Waiting until your medical picture is clear, with a life care planner or economist if the injury is severe, is how we make sure an offer is measured against the real long-term cost.
Proving Fault When Several Companies Share the Blame
Most elevator and escalator claims are built on negligence, and sometimes on product liability. Negligence asks whether the owner or contractor failed to inspect, repair or warn when a reasonable operator would have. Product liability asks whether the equipment had a design or manufacturing defect, or inadequate warnings, that made it unreasonably dangerous. Many cases involve both theories at once, and pursuing them together prevents each defendant from pushing responsibility onto the others.
Indiana applies a modified comparative fault rule. If a jury finds you partly to blame, for example for ignoring a posted warning or prying open a stuck door, your recovery is reduced by your share of fault. If your share is greater than the combined fault of everyone else, you recover nothing. At exactly 50 percent you can still recover half, and at 51 percent you recover nothing. That makes the allocation of fault one of the most contested parts of the case, and it is why defense lawyers spend so much time on what the injured person did in the seconds before the incident.
Damages in a serious case can include medical expenses past and future, lost income and lost earning capacity, pain and suffering, and the cost of home modifications or long-term care. In a death case, the family may also pursue wrongful death damages. Putting numbers on those categories requires medical specialists and economists, and we retain them early rather than after a first offer arrives.
Questions People Ask About Elevator and Escalator Injury Cases
Who can be held responsible for an elevator accident in Indianapolis?
Potentially the building owner, the property management company, the maintenance contractor, the manufacturer, the company that installed or modernized the equipment, and a parts supplier. Which ones are liable depends on what the records show about who controlled the equipment and who failed to act.
How long do I have to file a lawsuit in Indiana?
For most personal injury claims, two years from the date of injury. Wrongful death claims also carry a two-year deadline from the date of death. Claims against government entities require notice within 180 days, so waiting can end a case before it begins.
What if the elevator was in a public building?
Claims against a government owner involve the 180-day notice requirement and other special rules. If the injury occurred in a government facility, tell a lawyer right away so the notice is not missed.
Do I need to prove the owner knew about the problem?
Often that helps, but it is not always required. Prior complaints and repair tickets can show notice. Negligent maintenance can also be proven by showing that a reasonable inspection would have caught the defect, and product defect claims do not depend on what the owner knew.
Should I give a statement to the building’s insurance company?
You are not required to, and it is usually better to wait. Adjusters ask questions designed to narrow your claim or shift fault to you, and an early recorded statement can be used against you later.
Can I still recover if I was partly at fault?
Yes, as long as your share of fault is not greater than the combined fault of the others. Your award is reduced by your percentage. At 51 percent or more, Indiana bars recovery.
What if I was injured while working?
Workers’ compensation typically covers medical care and part of lost wages without proving fault. If a third party, such as a manufacturer or an outside contractor, caused the injury, you may also have a separate lawsuit for damages workers’ compensation does not pay.
How do you prove a maintenance failure if I do not have the records?
We send preservation letters and, once a suit is filed, use discovery to obtain service contracts, inspection reports, callback logs and technician notes. Engineers can also inspect the equipment to identify worn or improperly adjusted components.
Will my health insurance cover treatment while the claim is pending?
Generally yes. Health insurers may seek reimbursement from a settlement later, so keep records of what they pay. Treating promptly and consistently also protects the value of your claim.
How long does an elevator injury case take?
It depends on the severity of the injury and how many companies are involved. Cases with multiple defendants and expert engineering disputes take longer than simple ones. We do not settle until your medical condition is understood well enough to value the claim honestly.
Is it worth hiring a lawyer for an injury that seems minor?
If you were hurt by a malfunctioning elevator or escalator, a lawyer can tell you whether the injury is likely to grow in cost. Many injuries that look minor at first, such as back or head symptoms, develop over weeks. A consultation costs nothing and lets you decide with full information.
What if a family member died in an elevator or escalator accident?
Indiana’s wrongful death law allows certain survivors to seek compensation. The deadline is two years from the date of death, and these cases often require early evidence preservation, so talk to a lawyer as soon as you can.
Serving Elevator and Escalator Injury Clients Across Indianapolis and Central Indiana
Our work starts in Indianapolis, where we represent people hurt in downtown towers, hotels, hospital campuses and retail centers across Marion County. From there we serve clients in Lawrence on the northeast side, Avon and Plainfield to the west, and Greenwood to the south. North of the city, we handle claims in Carmel, Fishers and Noblesville, which sit in neighboring Hamilton County, where office parks, medical buildings and large retail centers generate their own share of equipment injuries.
Whether the accident happened in a parking garage in the heart of the city, an apartment building near the suburbs, or a shopping center along a busy corridor, the same questions apply: who maintained the machine, what did they know, and what did they fail to do? We bring the same trial preparation to every case across Central Indiana, no matter the size of the company on the other side.
Talk With an Indianapolis Elevator Accident Attorney Today
If you or a family member was hurt by an elevator or escalator, speak with an Indianapolis elevator accident attorney at Whitfield Crosby & Flynn before you talk to an insurance company. Evidence like maintenance records and surveillance video can disappear quickly, and the sooner we start, the more we can preserve. Call us to schedule a consultation and learn where your case stands, who may be responsible, and what a fair outcome would look like.