[ Elevators ]
Building Owners:
Elevator Responsibility and Liability By David Gargaro
Older elevators are prone to a wide range of issues, such as improper levelling, doors closing too soon, mechanical and electrical malfunctions, and occasional catastrophic failure (such as an unexpected upfall on cable elevators). These events can cause serious injuries and lead to litigation against the building owner. Many buildings owners believe that elevator malfunctions are the responsibility of their maintenance contractors. According to Chris Morrison, President of Morrison Risk Services, “Building owners are required to fulfill their obligations with respect to the elevators and to retain a competent and licensed elevator maintenance contractor. They must also supervise the process to ensure that the maintenance contracted for meets or exceeds the maintenance contract and regulations of the Authority Having Jurisdiction (AHJ)/ manufacturer recommendations and/or the CSA B44 Code.” Many older elevators cannot meet current code requirements or performance expectations. Modern elevators have safety and operational features that are not found on older elevators, which creates a legal expectation. Building owners cannot claim that they are ignorant or unaware of an elevator’s age or condition. Also, elevator maintenance contractors are not risk advisors, and cannot be held legally responsible when aging equipment malfunctions. Subject to being indemnified by their liability insurance, building owners can be held liable for an injury if they (or their staff) know that there is a problem with the elevator and they do not take reasonable efforts to protect against injury. For example, suppose that the superintendent knows that an elevator is not level when the door is open. If he or she fails to put up a warning sign and someone trips when entering the elevator, then the owner will be held responsible for not making sufficient efforts to protect against injury. By following due diligence, building owners (and staff) can mitigate any potential liability that results from elevator malfunctions that lead to injury. If the superintendent discovers and reports a problem within a
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reasonable timeframe, and the contractor properly tests and repairs the component, then there should be no liability if the component fails and causes an injury. “In one particular instance, an optic safety edge was not detecting properly, and the elevator maintenance contractor fixed the problem, and tested the device several times,” said Chris. “It failed the next day, leading to a minor injury. The contractor returned to remove the defective component and installed a new optic safety edge. Since the superintendent and the contractor followed the proper course of conduct, there was no liability.” Protecting against liability As a building owner, the first step in protecting yourself against liability is to ensure that you are fully aware and up to date on your elevators’ performance. Establish a written plan for superintendents to physically check the elevators at the building each day (or as required by code or as recommended by your elevator consultant). Create a checklist to document these attendances. Notify your elevator maintenance company when your elevators require repairs or maintenance, and contact your elevator safety authority about any serious issues or accidents. “The superintendent should note any unusual noises or erratic behaviour, as well as all elevator issues that fall outside normal operation, and contact the elevator contractor immediately,” said Phil Staite, Vice President, Quality Allied Elevator. “He or she should also follow up on tenant complaints to verify their legitimacy, and make note of complaints in a log book that is accessible to the superintendent and elevator technician.” Ensure that you are fully educated on the contents of your elevator maintenance contract, and what is involved in the maintenance control program. The contract should meet or exceed the requirements as set out by the Elevator Code. Understand and execute your responsibilities as stated in the contract (e.g., maintaining elevator sills), and ensure that
[ Elevators ]
the elevator contractor fulfills the requirements of the contract, such as providing regularly scheduled maintenance and recording service calls in the log book. Perform major upgrades when necessary, or when recommended by your elevator consultant. Major upgrades are required when elevators experience unacceptable out-of-service time, which can occur due to scarcity of replacement parts or recurrence of significant problems, such as shorting relays. A building owner could request a major upgrade based on in-service performance issues (e.g., speed, noise, levelling). Some elevator repairs can trigger a major upgrade when that repair exceeds the threshold of the Elevator Code at the time the system was installed. The owner should make the elevator upgrade part of the building’s capital plan so that it covers the future cost.
“An elevator consultant will help to protect both your business and legal interests by ensuring that the elevator maintenance company is doing the work as contracted, and doing it properly,” said Dave MacKenzie, Elevator Consultant, Rooney, Irving & Associates Limited. “They will also arrange performance tests, create a deficiency list, and evaluate the elevator on behalf of the owner,
which will help to ensure that elevators are maintained according to code.” RHB For more information, contact: Phil Staite, Vice President, Quality Allied Elevator (905-305-0195); Chris Morrison, President, Morrison Risk Services (416-848-0877); Dave MacKenzie, Elevator Consultatn, Rooney, Irving & Associates Limited (905- 637-2049)
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Hire an elevator consultant to provide you with the requisite experience and knowledge when you plan to renew your elevator maintenance contract or conduct a significant upgrade. A consultant can also perform an audit to assess your elevator’s current condition, estimate the remaining life of the elevator and its components, and recommend repairs or upgrades.
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you to corroborate or dispute tenants’ reports of accidents caused by levelling problems or other elevator issues. Building owners can also provide video evidence to demonstrate that they and the elevator contractors fulfilled their legal requirements with respect to elevator maintenance and repair.
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Rental Housing Business 35