Child Entrapment Hazards in Residential Elevators

In January 2022, the U.S Consumer Product Safety Commission (CPSC) disclosed new efforts to eliminate in-home elevator hazards, especially those leading to fatal accidents. The most at-risk group is young children. In the summer of 2021, there were three cases where children became entrapped. In one case, a seven-year-old boy was fatally injured.

There are three elevator manufacturers whose products pose an entrapment risk:

• Bella Elevator, LLC
• Savaria Corporation
• Inclinator Company of America

These companies have worked with CPSC on over 69,000 residential elevator recalls. However, there is a fourth company that may also be part of the problem; Waupaca Elevator Company Inc. Unlike the others, Waupaca has refused to issue recalls on its elevators despite entrapment risks. This has pushed the CPSC to issue warnings to consumers to not use these elevators.

According to data collated by the Washington Post, as many as 200,000 home elevators may have a dangerous gap that leads to entrapment.

What injuries are caused by defective residential elevators?

Children can become entrapped between the exterior landing door and interior elevator car door, if there is a gap between the two. When the elevator is called to another floor, it can pull on the child’s body and cause severe injury. Children can suffer a range of injuries such as:

• Fractured vertebrae
• Traumatic asphyxia
• Multiple skull fractures
• Traumatic amputation
• Spinal cord trauma
• Death

These types of injuries have life-long repercussions, especially for young children. The loss of a limb, for example, is catastrophic at any age, but a child will need multiple replacement prostheses as he or she ages. A brain injury may cause cognitive or developmental issues, meaning they may never be able to function on their own or without a caretaker. Even broken bones can lead to arrested physical development. If your child survives the accident, he or she may need surgery, and there are risks associated specifically with pediatric surgery.

All elevators can pose dangers for children

Per the CPSC, “residential elevators were linked to 4,600 injuries and 22 deaths from 1981 through 2019.” Even non-residential elevators account for about 10,000 injuries and 27 deaths each year. Passengers, especially young passengers, can be at the highest risk of injury and death from elevators.  Aside from entrapment, some of the most common elevator accidents that harm children include:

• Doors closing on a body part
• Falls into empty elevator shafts
• Falling when trying to get out of an elevator
• An elevator collapsing

These accidents can be catastrophic to children as well as adults. If you are involved in an elevator accident, you should first seek medical attention. Then, contact one of our personal injury attorneys in Las Vegas or Reno immediately.

How can I ensure my in-home elevator is safe?

While the CPSC continues its efforts to eradicate these hazards and urges companies recall their elevators, there are a few steps consumers can take to ensure their elevators are safe for use. The following tips may save your child’s life:

• Check CPSC.gov/recalls and ensure there is not a recall for your elevator.
• Check the gap between the doors and that it is no more than four inches deep. You will need to lock the elevator and all access doors to safely check the gap.
• If there are dangerous gaps, use a space guard. You can also install an electronic monitoring device to deactivate the elevator if a child is detected in the gap.
• You should have an inspector come out to your location and look for gaps and other potential hazards.
• Contact the elevator manufacturer for safety devices and for steps on how to address hazards. If there is a gap that is four inches deep, they can be held liable if an accident occurs.

You may also need to hire a personal injury attorney if you or your loved one sustains an injury in or near an elevator. When a situation is not appropriately handled, the consequences can be deadly. Claggett & Sykes has offices in Las Vegas and Reno, and can help you no matter where you live in Nevada.

Elevator safety tips for parents

Parenting is hard enough without the stress of elevators being potentially life-threatening spaces. Here are some safety tips you can keep in mind to keep your children safe from potential dangers or accidents:

• Teach your children they should not try to stop an elevator from opening or closing with their hands, and use the marked buttons for “open” or “close.”
• Watch your children when they are around an elevator, especially toddlers.
• Teach your kids to stay in the elevator car if it gets stuck, and to call for help. If you have a child who rides an elevator alone on a regular basis, consider giving them a cell phone so they can call for help in case of an emergency.
• If there is a fire in the building, do not use the elevator; head for the stairs instead.
• Regardless of age, always watch your step when getting into and out of an elevator.

Remember, too, that property owners owe their visitors a duty of care, whether that property is a business or a private home. If you or your child sustains an injury in or near an elevator, you may have grounds for a premises liability claim. If the injury was caused by a design or manufacturing defect, or a failure to warn about potential dangers, the manufacturer may be liable.

Was your child injured in or near a residential elevator? You might have a claim against the elevator manufacturer. Call Claggett & Sykes Trial Lawyers in Las Vegas or Reno at 702-333-7777, or complete our contact form to schedule a consultation. We serve clients throughout Nevada.