Modern elevators are generally safe, but they require ongoing maintenance, repairs, and inspections to remain so. When apartment building owners fail to maintain their elevators to the proper standards, accidents can happen that cause serious injuries.
If you were injured in an apartment building elevator, you may be wondering whether you can hold the property owner or another party liable for your injuries. A premises liability lawyer in New York can review the circumstances surrounding your accident and help you explore your legal options. This guide is also a good starting point for understanding premises liability around elevator accidents.
Understanding Apartment Building Elevator Safety Standards in NYC
Chapter 30 of the NYC Building Code sets elevator safety standards for apartment buildings, and the NYC Department of Buildings (DOB) enforces them. Generally, apartment building elevators must:
- Undergo inspections twice annually by a contracted, approved agency
- Undergo annual no-load safety (Category 1) tests
- Undergo comprehensive full-load and full-speed (Category 5) tests once every five years
Owners are required to have a current maintenance contract with an approved elevator agency. Generally, they must correct defects identified during Category 1 testing or periodic inspections within 90 days and file an affirmation within 14 days after correction. Hazardous conditions must be corrected immediately.
The City of New York notes that the most common elevator violations result from failure to maintain a building device and are typically issued when defects are found during testing.
New York City is home to more than 84,000 elevators and elevator devices, and these systems are becoming more common in apartment buildings. Modern building codes generally require that any newly constructed residential building at least five stories tall have at least one elevator, and property maintenance is essential to preventing accidents on this equipment.
In 2025, as many as 773 NYC multiple dwellings received immediate hazardous elevator-related violations. But approximately 594 of those buildings corrected their violations before referral to the Department of Housing Preservation and Development.
Who Is Responsible for Maintaining Apartment Building Elevators?
So, who is responsible for maintaining the elevators used in NYC apartment buildings? The building owner, landlord, or management company may be legally responsible for maintaining and repairing all elevators in the apartment building. Generally, landlords are responsible for maintaining their properties in a safe and livable condition under tenant protection laws, including ensuring that elevators operate safely.
Landlords may also be required to repair elevators to a usable condition in a timely manner, though the timeframes and exact legal obligations depend on the lease terms and whether the building is subject to disability access laws.
Common Elevator Accident Injuries in NYC
When elevators undergo the necessary maintenance and inspections, accidents rarely occur. But a range of elevator malfunctions can occur due to negligent maintenance, causing injuries. Examples include:
- Abrupt stops that lead to sprains, broken bones, or head trauma
- Falls into open elevator shafts that cause severe impact trauma or even death
- Premature door closing that leads to crush injuries
- Trips and falls over bunched carpeting or uneven flooring that lead to bruises and broken bones
Proving Liability in an Apartment Building Elevator Accident
If you were injured in an elevator in an apartment building, you may be able to pursue a premises liability claim against the property owner if you can prove that their negligence led to your injuries and damages. You and your personal injury attorney in Queens, NY, would need to show that the property owner knew or should have known about the hazardous condition that led to your accident yet failed to mitigate it.
Examples of times when a property owner may be liable for elevator accidents include:
- Negligent maintenance led to a malfunction that caused your injury.
- A known malfunction affected the elevator’s performance, yet no signage was posted warning patrons to avoid using it.
- An unknown defect arose during your ride that affected the elevator’s performance, yet if proper inspection schedules had been followed, it would have been caught before it could cause performance issues.
Evidence may show that the owner created the defect, received actual notice of it, or should have discovered it because it existed long enough to be identified and corrected.
Consult a New York Premises Liability Lawyer
Hiring a personal injury lawyer in Queens, NY, is often a good idea when navigating cases involving building code violations and premises liability. Our attorneys at Ross & Hill thoroughly understand NYC building codes and legal options for seeking damages.
If you’re ready to speak with a premises liability lawyer in New York, contact us today at 646-351-6222.
Frequently Asked Questions
Can I sue if I’m stuck in an elevator?
If you become stuck in an elevator in an NYC apartment building, you may be able to sue if you can prove negligence and damages. For example, you would need to show that the elevator became stuck due to the property owner’s failure to follow proper maintenance schedules or other types of negligence. You would also need to prove that you suffered real damages, such as injuries or significant psychological harm.
What damages can you seek after an elevator accident?
If you have grounds for a premises liability lawsuit after an elevator accident, you may be able to sue for economic and non-economic damages. Economic damages reimburse you for the expenses you have incurred from the accident, such as medical bills and lost wages. Non-economic damages help account for the psychological and physical burden of the accident, such as emotional distress or pain and suffering, that do not equate to a direct financial cost.
What if I was injured in an elevator in NYC public housing?
If you were injured in an elevator in public housing, the New York City Housing Authority may be negligent. Pursuing legal action against a government entity is different from suing a private landlord. A premises liability lawyer in New York can help you understand this process and protect your rights.
