Limitations
Why the Statistics Do Not Tell the Whole Story of Any One Incident
The NEISS estimate covers injuries treated in hospital emergency departments. An injury treated only at an urgent care clinic or a doctor's office falls outside it. So does an injury that was never treated, or one coded to a different product category. If you were hurt and went to your own doctor days later, your injury may not appear in this data at all. It is still real, and it is still recorded in your own medical records.
A statistic also cannot establish cause. In general terms, many kinds of failures can lead to elevator accidents. Entrapment means being stuck inside a stopped car. Misleveling means the car stops above or below the floor, which can cause a trip or fall. Door failures and sudden drops are other examples. What caused any one incident depends on its facts: the equipment, its condition and what happened that day.
Injury statistics are also separate from inspection and maintenance records. A figure about how often injuries occur says nothing about whether a particular elevator was inspected, serviced or in compliance with the codes that apply to it. An inspection or maintenance record is not an allegation or a finding of negligence.
The law also varies. Limitation periods, which are the time limits for filing a claim, differ from state to state, as do fault rules and damages rules. A national statistic does not determine which state's law applies to anyone's claim. One state's approach is set out on the site's California elevator accident law page. California's rules are California's alone.
This resource never determines fault, liability, a deadline or what a case is worth.
What Records Often Matter When Someone Is Hurt in an Elevator
For a person who was hurt, the record that usually counts most is the record of their own incident. The records that usually matter include:
- An incident report made with the building owner or operator
- The elevator's inspection certificate and inspection history
- Maintenance and service logs kept by the owner or its maintenance contractor
- Surveillance or security camera footage
- Medical records documenting the injury and treatment
- The names of witnesses
Inspection requirements and recordkeeping rules vary by state and by locality. No single national rule governs every elevator. An inspection record shows whether equipment was examined, when and by whom. A finding of negligence is a legal conclusion about whether someone failed to use reasonable care. The two are separate. Premises liability, the law about a property owner's duties to people on the property, and product liability, the law about defective products, each ask their own questions, and whether they are met depends on the facts.
Pages on specific companies, such as Otis Elevator Company and Schindler elevator injury claims, describe what official records state about them and nothing more. A person sorting through an incident report and medical records may want to consider talking through those records with our attorney, including what the official record of the incident shows and how it fits with the rest.