If you’ve been injured in a faulty elevator or escalator accident, you may be entitled to compensation from the responsible parties under Queensland law.
- Multiple parties may be liable, including building owners, property managers, and maintenance companies.
- Serious injuries can occur, such as fractures, spinal damage, and entrapment injuries.
- Proving negligence requires specific evidence, including maintenance records and expert engineering reports.
- Strict time limits apply, and missing deadlines or failing to preserve evidence can jeopardise your claim.
This guide explains who is legally responsible, what compensation you can claim, the evidence needed to prove negligence, and the key time limits you must meet in Queensland.
Understanding Elevator and Escalator Injury Claims
What makes someone legally responsible for my elevator or escalator injury?
Legal responsibility (also known as ‘liability’) exists when a party owed you a duty of care, breached that duty through negligence, and their breach caused an injury. For elevator and escalator accidents, property owners, managers, and maintenance companies all have legal obligations to ensure equipment is properly maintained and safe to use.
Practical examples of negligence include:
- Building owners who ignore repeated warnings from maintenance companies about defects or fail to authorise necessary repairs
- Maintenance contractors who falsify service records, skip required quarterly inspections, or fail to comply with regulations
- Property managers who don't act on complaints about malfunctions (like jerking movements or misalignment) or fail to properly supervise maintenance schedules
Who shares liability when multiple parties are responsible?
Queensland law allows liability to be split between multiple parties based on fault. A typical elevator injury claim might see responsibility divided among the building owner (50-70%), property manager (20-30%), and maintenance contractor (10-25%).
An investigation may show multiple failures. For example:
- The building owner ignored maintenance reports recommending brake replacement
- The property manager failed to enforce the service contract, requiring regular inspections
- The maintenance company carried out substandard or incomplete repairs
Each party may be held responsible in proportion to how their actions contributed to your injury.
Your Rights and Responsibilities
What you're entitled to:
- Medical expenses coverage, including all treatment costs (hospital, surgery, physiotherapy, medications, psychology), both past expenses already incurred and future treatment
- Lost income compensation for wages lost during recovery, reduced earning capacity if you can't return to your previous role, and potential future earnings if permanent injuries affect your career long-term
- Pain and suffering damages (called "general damages") compensate you for physical pain, emotional trauma, loss of enjoyment of life, and permanent impairment, capped under Queensland law for non-economic loss
- Future care and assistance covering costs for ongoing personal care, domestic help, home modifications, mobility aids, or attendant care if your injuries result in permanent disability
- Out-of-pocket expenses, including travel to medical appointments, prescription costs, assistive devices, etc.
What you must do:
- Report the incident immediately to building management or security and insist they complete an official incident report (make sure to obtain a copy of this)
- Notify the at-fault party within 9 months by filing a formal claim notice under the Personal Injuries Proceedings Act 2002 (Qld), which triggers the compulsory conference process required before court proceedings
- Attend medical assessments as required by the claims process, including independent medical examinations arranged by insurers, to assess the nature and extent of your injuries
- Participate in a compulsory conference within 5 months of serving your claim notice, a mandatory pre-litigation meeting where parties attempt to settle the claim without court proceedings
Key deadlines:
- Immediately: Report the incident to management and seek medical treatment
- Within 48 hours: Document injuries with photographs and obtain medical records
- Within 9 months: Serve formal claim notice on all potentially liable parties
- Within 5 months of notice: Complete the compulsory conference process
- Within 12 months: Critical deadline if claiming against government-owned property (like council buildings)
- Within 3 years: Final limitation period under the Limitation of Actions Act 1974 (Qld) to file court proceedings if a settlement isn't reached
Common Scenarios and Questions
What if the elevator suddenly jerked or dropped, causing my injury?
The short answer: Sudden jolts, drops, or erratic movements typically indicate brake failures, cable problems, or control system malfunctions caused by inadequate maintenance. These incidents provide strong evidence of negligence in terms of how effectively it has been maintained.
What to do:
- Request an immediate inspection by Workplace Health and Safety Queensland to prevent further use and compel disclosure of maintenance records.
- Obtain the elevator’s event data recorder to confirm brake performance, levelling accuracy, and system alerts before the incident.
- Engage a forensic engineer to assess maintenance logs against AS 1735.1 standards and identify missed inspections or unresolved defects.
Important note: Don't let building management downplay sudden jolts as ‘normal operation’. Properly functioning elevators should provide smooth, controlled movement at all times.
What are my rights if an escalator stops suddenly and I’m injured?
The short answer: Sudden escalator stops causing passengers to fall typically result from emergency brake activation, motor failures, or control system malfunctions. Responsibility often lies with maintenance contractors who failed to properly service safety systems or building owners who delayed authorising the necessary repairs.
What to do:
- Photograph the escalator and scene immediately, including warning signs (or their absence) and your position at the time.
- Request CCTV footage within 24 hours, as escalator recordings are often deleted within 7–30 days.
- Identify witnesses, including other passengers who fell or saw the incident.
- Subpoena maintenance records showing brake inspections, motor servicing, and AS 1735.2 compliance.
Important note: Building owners sometimes claim you were ‘misusing’ the escalator (not holding the handrail, carrying excessive items), which can reduce your compensation under contributory negligence rules. Document the circumstances carefully to make your defence.
What are my rights if an elevator isn’t level and I trip?
The short answer: Mis-levelling (when the elevator floor doesn't align properly with the landing) creates dangerous trip hazards and typically violates AS 1735.1 (the Australian safety code that governs equipment standards for lifts and escalators). The alignment must be within 15mm. This defect usually indicates worn levelling systems, faulty sensors, or inadequate adjustment during routine maintenance.
What to do:
- Photograph the height difference from multiple angles, using a ruler or coin for scale.
Measure and record the gap, as differences over 15 mm indicate safety non-compliance. - Check for warning signs, noting their absence if none were displayed.
- Report the hazard to Workplace Health and Safety Queensland to create an official government record.
Important note: Mis-levelling often affects the same elevator repeatedly, so maintenance logs may reveal previous complaints or recurring problems that show negligence.
What compensation can I claim if my child is hurt on an escalator?
The short answer: Escalator entrapment injuries to children often involve excessive gaps between steps and side panels, damaged comb plates (the toothed metal plates at the ends of escalators), or missing safety brushes that should prevent entrapment. These incidents typically result in serious crush injuries, lacerations, or even amputations requiring substantial compensation.
What to do:
- Seek emergency medical treatment immediately and ensure injuries are fully documented.
- Preserve damaged clothing or shoes as physical evidence of the entrapment.
- Report the incident to building management and Workplace Health and Safety Queensland, as child entrapments are notifiable events.
- Parents may claim as litigation guardians, including compensation for treatment, pain and suffering, scarring, counselling, and future impacts.
Important note: Claims for injured children aren't subject to the standard 3-year time limit until the child turns 18 under the Limitation of Actions Act 1974 (Qld). Early legal advice ensures proper medical treatment and evidence preservation.
What if I developed psychological trauma after being trapped in an elevator?
The short answer: You can claim compensation for psychological injuries like post-traumatic stress disorder (PTSD), anxiety disorders, or elevator phobia resulting from entrapment incidents, but Queensland's Civil Liability Act 2003 requires these conditions to meet specific diagnostic criteria to qualify for damages.
What to do:
- Obtain a formal psychological assessment diagnosing recognised conditions (e.g. PTSD or anxiety under DSM-5).
- Document the impact on daily life and work, including avoidance of elevators or escalators.
- Keep records of all treatment, such as therapy, medication, and trauma-related work absences.
- Psychological injuries often accompany physical injuries, which typically increases overall compensation.
Important note: Pure psychological injury claims (without physical injury) face higher legal thresholds and typically result in lower compensation.
What does it mean for my claim if the building owner says the maintenance company is responsible?
The short answer: It won’t be affected. Disputes between building owners and maintenance contractors about who's responsible don't affect your right to compensation. You can claim against all potentially liable parties simultaneously, and courts will determine each party's share of responsibility after hearing evidence.
What to do:
- Name all potentially liable parties in your claim notice, including the building owner, property manager, maintenance contractor, and manufacturer (if relevant).
- Allow parties to dispute responsibility between themselves, as insurance and contractual issues do not affect your entitlement.
- Your lawyer will analyse contracts, service records, and communications to prove each party’s breach of duty.
- Queensland’s proportionate liability laws determine how responsibility is ultimately shared.
Important note: Insurance companies representing different parties often try to shift blame to reduce their client's liability share. Expert evidence and thorough maintenance records are crucial to properly apportioning blame.
Step-by-Step Process for Elevator and Escalator Injury Claims
The claim process from injury to compensation:
- Seek medical treatment immediately – See your GP, emergency department, or specialist within 48 hours to document injuries, establish medical causation, and begin treatment.
- Report the incident formally – Notify building management or security in writing and ensure an official incident report is completed and copied to you.
- Gather and preserve evidence – Take photos of the equipment, location, injuries, and defects; collect witness details; keep damaged items; and record details while fresh.
- Request maintenance records – Formally request maintenance logs, inspection reports, and service records from the building owner and maintenance company.
- Seek legal advice early – Speak to a personal injury lawyer experienced in premises liability before accepting settlements or giving recorded statements.
- File a formal claim notice – Your lawyer will serve a Notice of Claim under the Personal Injuries Proceedings Act 2002 (Qld) within 9 months on all potentially liable parties.
- Attend the compulsory conference – A mandatory pre-litigation settlement meeting is held, where most elevator and escalator claims resolve if liability is clear.
- Obtain expert evidence (if needed) – Engineers and medical specialists provide independent expert reports proving negligence and valuing damages.
- Proceed to court if necessary – If the settlement fails, court proceedings are filed within the 3-year limitation period, though most cases settle beforehand.
Documents you'll need throughout the process:
- Incident report – Official record of when, where, and how the accident occurred, including witnesses and equipment condition.
- Medical records – Documentation of injuries, treatment, symptoms, prognosis, and permanency from all treating providers.
- Maintenance records – Inspection, repair, and compliance history showing adherence to AS 1735 standards.
- Photo and video evidence – Images of defects, safety breaches, injuries, and the accident scene.
- Witness statements – Accounts confirming the accident, equipment condition, or prior faults.
Legal Framework
Primary legislation: The Civil Liability Act 2003 (Qld) establishes the duty of care owed by building occupiers (owners, managers, lessees) to prevent foreseeable injuries. The Work Health and Safety Act 2011 (Qld) requires persons conducting businesses or undertakings to maintain equipment (including elevators and escalators) according to Australian Standards.
What this means for you:
- Building owners must maintain elevators and escalators safely, complying with manufacturer requirements and AS 1735 standards.
- Where multiple parties are at fault, liability is apportioned between them, but you can still recover full compensation.
- To succeed, you must prove duty of care, breach, and causation, supported by medical and engineering evidence.
Recent Changes
2024 Civil Liability Act amendments - Psychological injury claims now face a higher bar. To be compensable, mental harm has to be a formally recognised mental illness under DSM-5, which means conditions like stress, anxiety or trauma may not qualify unless there’s a clear psychiatric diagnosis.
Work Health and Safety Act penalties - Maximum penalties for maintenance violations can reach $600,000 per breach for corporations. This reflects the government's focus on elevator and escalator safety compliance and strengthening negligence claims when violations are proven.
Red Flags and Warning Signs
When to act immediately:
- You’re pressured to sign documents or accept quick settlements, blaming you or waiving liability before legal advice.
- Management dismisses the fault, claiming the equipment was fine despite jolts, drops, or mis-levelling, or refuses to file an incident report.
- Maintenance records are withheld or ‘unavailable’, suggesting possible negligence or non-compliance.
Your injuries worsen or fail to improve, indicating more serious or long-term damage than was first diagnosed. - Insurers contact you directly seeking recorded statements or early settlement without legal representation.
- The equipment remains in use without inspection, posing ongoing danger and requiring immediate reporting to Workplace Health and Safety Queensland.
Common mistakes to avoid:
- Delaying treatment or missing appointments creates gaps in medical records that insurers use to dispute causation and the seriousness of injury.
- Failing to report the incident formally leaves no official record, allowing defendants to deny or downplay what happened.
- Accepting early settlement offers without legal advice usually results in significantly undervalued compensation.
- Posting about the accident on social media can provide evidence used to undermine your injury claims.
- Signing blank forms or broad medical authorities gives insurers access to unrelated medical history they may use against you.
When to Seek Legal Advice
Get advice as early as possible, especially if:
- Your injuries are serious or ongoing, involving fractures, spinal or nerve damage, entrapment, or psychological trauma.
- Multiple parties may be liable, requiring analysis of contracts, service records, and individual duties.
- You’re pressured to settle early or sign documents before understanding your rights or claim value.
- The incident occurred on government property, triggering shorter notice periods and special procedures.
- Maintenance records show prior faults or non-compliance, often the strongest evidence of negligence.
- Your injuries prevent you from working, raising possible TPD superannuation claims alongside public liability claims.
Why early advice matters:
- Understand your full rights under Queensland law before making decisions that limit compensation.
- Access treatment and rehabilitation funding sooner through proper claim management.
- Avoid common mistakes, including missed evidence, low settlements, and harmful statements.
- Meet strict legal deadlines (9 months, 3 years, or 12 months for government claims).
Key Takeaways
Remember these essential points:
- Multiple parties often share liability for elevator and escalator accidents, including building owners who failed to authorise repairs, property managers who didn't oversee maintenance properly, and contractors who performed substandard servicing
- Maintenance logs are crucial evidence proving whether parties complied with AS 1735 standards and Work Health and Safety obligations
- Critical time limits apply to your claim, including 9-month notice requirements, 12-month deadlines for government properties, and 3-year limitation periods, making early legal advice essential to protect your rights
- Common causes like sudden jolts, mis-levelling, and entrapments typically indicate maintenance failures, safety standard violations, or equipment defects that expert engineers can prove through analysis of mechanical systems and service records
- Compensation covers all accident-related losses, including medical expenses, lost income, pain and suffering, future care needs, and out-of-pocket expenses, with serious injuries potentially qualifying for additional TPD superannuation claims
Get Help Now
If you've been injured by a faulty elevator or escalator and believe the building owner, property manager, or maintenance contractor may be at fault, getting early legal advice helps you understand your rights, access the rehabilitation you need, and protect your entitlements to compensation.
Contact Smiths Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation with experienced personal injury lawyers who specialise in complex premises liability claims involving shared responsibility and technical evidence
- No upfront costs: We operate on a genuine No Win, No Fee, No Catch® basis for Queensland public liability claims, meaning you pay nothing unless we successfully recover compensation for you
- Dual-claim expertise: We handle both Queensland public liability claims and Total and Permanent Disability (TPD) superannuation claims Australia-wide, maximising your compensation when injuries prevent you from working
- Or request a call back: Use the form below to have our team contact you at a convenient time to discuss your claim.
