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by The Stoddard Firm - September 28th, 2021
Living in an Atlanta apartment often means depending on the elevator every single day. When that system breaks down, the results can be life-changing. Whether it is sudden entrapment, a malfunctioning door, or a dangerous drop between floors, elevator issues can leave tenants with serious injuries and financial burdens. Many people ask if they can sue the landlord for elevator issues, and the answer is yes. Still, the success of such a lawsuit depends on whether the landlord’s negligence or failure to maintain the elevator caused harm or violated the lease agreement.
At The Stoddard Firm, we stand beside Georgia tenants hurt by unsafe elevators, using premises liability law to hold property owners responsible. As Atlanta premises liability lawyers, we bring a thorough understanding of these cases and a steady, practical approach to pursuing accountability.
Landlords in Georgia are legally required to keep rental properties in a safe condition. This duty extends to elevators. Under Georgia Code § 44-7-13, landlords must keep premises in repair and ensure that tenants have a habitable, functional living space. Elevators, being essential to modern apartment complexes, fall under this responsibility.
State regulations also require routine inspections of elevators in residential buildings, and property owners must ensure that all necessary certifications are up to date. When landlords or property managers skip inspections, delay repairs, or hire unqualified technicians, they place residents at unnecessary risk. Failing to meet these responsibilities can expose landlords to legal liability under Georgia premises liability law.
Most elevator accidents can be traced back to skipped or overdue maintenance checks. When property owners or their contractors fail to perform required inspections, small mechanical issues can quickly develop into serious hazards. Even a single missed inspection may allow hidden defects to worsen, creating dangerous conditions for tenants and visitors.
Landlords who dismiss tenant complaints about elevators can be held responsible. If residents report shaking, stalling, or entrapment and management fails to act, that negligence may form the basis of a strong premises liability case. Documented complaints often serve as powerful evidence in lawsuits.
Using unqualified technicians or cheap replacement parts increases the risk of elevator accidents. Improper or temporary fixes often cause repeated breakdowns, making elevators unsafe for daily use. When landlords choose cost-cutting measures over certified maintenance, they may be directly responsible for resulting injuries.
When elevators in apartment complexes are not properly cared for, they can become dangerous for everyone who depends on them. A neglected part or a delayed repair can turn into a serious hazard. These problems may seem minor at first, but they often leave tenants facing painful injuries, costly medical bills, and long-term disruptions to daily life.
Door sensor failures and floor misalignment are among the most common elevator problems. Door sensors are intended to prevent doors from closing on passengers, but when they fail, people can be struck or trapped. Misaligned floors create tripping hazards that can cause falls and serious injuries. Both issues are typically preventable with proper inspection and timely maintenance.
Worn cables, damaged pulleys, and brake failures can cause an elevator to stall or drop suddenly. These problems are preventable through routine inspection and prompt repair, which makes landlord negligence particularly significant.
Power surges, faulty wiring, or malfunctioning control systems are another leading cause of elevator breakdowns. Electrical faults can stop elevators between floors or trap riders, creating both injury and psychological trauma.
While less common, operator negligence or uncertified maintenance work can directly lead to injuries. In these cases, landlords who hire unqualified personnel may be legally responsible for resulting harm.
Victims of elevator accidents in Georgia may be entitled to compensation under premises liability law. Recoverable damages often include:
The specific amount depends on the severity of the injury, evidence of negligence, and the impact on the victim’s quality of life.
Under Ga. Comp. R. & Regs. r. 120-3-25, all elevator incidents involving injury or property damage, must be reported by the owner or maintenance company. Tenants can also protect their rights by:
These steps help preserve evidence and strengthen a future claim.
Filing a lawsuit means proving your landlord’s negligence caused your injury. In Georgia, this requires showing the landlord had a duty to keep elevators safe, failed to meet that duty by neglecting inspections or complaints, and that failure directly led to harm.
The statute of limitations for personal injury cases is usually two years, but exceptions exist, especially for minors or delayed injuries. An attorney can assess your case and guide you through each step.
Elevator accidents in apartment complexes can cause overwhelming medical bills, lost wages, and long-term trauma. Landlords who neglect repairs must be held accountable under Georgia’s premises liability law. At The Stoddard Firm, we represent Atlanta tenants hurt by unsafe property conditions or negligent landlords. If you or a loved one suffered harm and want to sue the landlord for elevator issues, call 470-467-2200 for a free consultation.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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