Who is liable for an elevator or escalator injury in Georgia?

The owner or lessee has a duty that starts in statute, and other parties may share the blame. O.C.G.A. § 8-2-101(b) says every elevator and escalator “shall be maintained by the owner or lessee in a safe operating condition.” A service contractor can be responsible for its own negligent work, and a manufacturer can be responsible for a defect under § 51-1-11.

Possible defendant Basis What to get
Building owner or tenant in control § 8-2-101; § 51-3-1 Lease and operating permit
Maintenance company Negligence; its contract Service tickets
Manufacturer § 51-1-11; ten years from first sale Model and installation date

Georgia decisions have held some elevator operators to extraordinary diligence, which is a higher standard than the ordinary care in § 51-3-1, so a lawyer should be asked whether that line reaches this equipment.

The state rules also create evidence. Under § 8-2-106(a), the owner or lessee must report an accident involving personal injury or death by telephone, on the same day or by noon the next work day, and in writing within seven days. Under (c), the equipment must come out of service and can’t be repaired or reused until a certified inspector has inspected it. Those duties may preserve the machine and leave a paper trail, so asking for the report early is sensible.

The inspection requirement is once in each 12 months for most equipment under § 8-2-102(a)(1). A lapsed inspection doesn’t prove the cause of the injury, but it’s a fact to explore.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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