With the increasing number of high-rise buildings, residential complexes, business centers and public facilities, elevators have become an essential part of daily life. However, elevators that are not properly maintained, inspected or operated in accordance with safety standards may cause serious injuries, permanent disabilities and even death.

Elevator accidents are not merely technical incidents. In many cases, they may involve lack of maintenance, failure to carry out periodic inspections, negligence of the building management, breach of duty by the elevator maintenance company, construction-related defects or violations of occupational health and safety rules. For this reason, elevator accidents may give rise to both civil liability and criminal responsibility.

1. Legal Liability in Elevator Accidents

Elevators are technical systems that serve the use and function of the building in which they are installed. Therefore, in elevator accident cases, the responsibilities of the building owner, building management, apartment or site management, building supervisor and elevator maintenance company must be carefully examined.

Under Turkish law, the owner of a building may be held liable for damages arising from defects in construction or lack of proper maintenance. If an elevator is not operated safely, if necessary maintenance is not carried out, or if known risks are not eliminated, the injured person may claim compensation from the responsible parties.

Apartment and site managements also have a duty to ensure the safe use of elevators. Merely signing a maintenance agreement with an elevator company may not always be sufficient to avoid liability. The management is also expected to monitor whether maintenance is actually performed, whether periodic inspections are completed and whether the elevator is safe for use.

2. Liability of the Elevator Maintenance Company

Elevator maintenance companies provide a technical service requiring professional expertise. Therefore, their duty is not limited to routine checks. If there is a defect or risk that may endanger users, the maintenance company must detect it, record it and notify the building management.

If the accident is caused by negligent maintenance, incomplete inspection, incorrect technical intervention or failure to warn the management about safety risks, the injured person may also bring a compensation claim against the maintenance company.

In such cases, maintenance agreements, service forms, repair records and periodic inspection documents are important evidence.

3. Types of Compensation That May Be Claimed

A person injured in an elevator accident may claim material and moral compensation depending on the circumstances of the incident. If the accident results in death, the relatives of the deceased may also claim compensation for loss of support.

Material Compensation

Material compensation covers the economic losses suffered by the injured person. These may include medical expenses, surgery costs, hospital fees, medication expenses, physical therapy costs, temporary incapacity for work, permanent loss of earning capacity, caregiver expenses, transportation costs and loss of income.

If the accident affects the injured person’s ability to continue their profession or reduces their future earning capacity, this may also be taken into account in the calculation of compensation.

Moral Compensation

Moral compensation may be claimed where the accident causes physical pain, psychological suffering, fear, trauma, loss of bodily integrity or a decrease in quality of life.

When determining the amount of moral compensation, courts may consider the severity of the accident, the degree of injury, whether there is permanent disability or scarring, the fault of the parties and the impact of the incident on the injured person.

Compensation for Loss of Support

If the elevator accident results in death, the persons who were financially supported by the deceased may claim compensation for loss of support. This type of compensation aims to cover the economic loss suffered by those who depended on the deceased or were expected to receive support from them in the future.

Funeral expenses and other necessary costs arising from the death may also be claimed from the responsible parties.

4. Importance of Evidence in Elevator Accident Cases

In elevator accident compensation cases, collecting and preserving evidence is crucial. After the accident, it is necessary to investigate how the incident occurred, the technical condition of the elevator, its maintenance history and whether the responsible parties fulfilled their obligations.

The following documents may be particularly important:

• accident report,
• police or prosecutor’s office records,
• hospital records,
• forensic medical examination report,
• disability report,
• temporary incapacity report,
• elevator maintenance agreement,
• monthly maintenance forms,
• periodic inspection reports,
• elevator safety label information,
• camera recordings,
• witness statements,
• expert reports in the criminal investigation file.

These documents may be decisive in determining both the fault ratio and the amount of compensation.

5. Elevator Accidents in Buildings Under Construction

If the elevator accident occurs in a building under construction, liability may be assessed differently. In such cases, the building owner, contractor, subcontractor, site supervisors, employer and occupational safety experts may all need to be examined separately.

If the injured person is a worker, the incident may also qualify as a work accident. In that case, the employer’s occupational health and safety obligations, Social Security Institution procedures, fault reports and work accident-related compensation claims must also be considered.

In work accident cases, the issue is not limited to general compensation rules. It is also necessary to examine whether the employer provided necessary training, took safety measures and prevented unsafe working conditions.

6. Effect of Criminal Proceedings on Compensation Claims

If an elevator accident causes injury or death, a criminal investigation may be initiated against those responsible. Expert reports, technical findings and fault assessments obtained in the criminal file may also be important for the compensation case.

However, the civil court separately evaluates the scope of damage and the amount of compensation. Findings in the criminal file may constitute important evidence, but the calculation of material and moral compensation is carried out within the civil proceedings.

For this reason, in elevator accident cases, following both the criminal investigation and the compensation process may be important for protecting the rights of the injured person or the relatives of the deceased.

7. How Is the Amount of Compensation Determined?

The amount of compensation in elevator accident cases depends on the specific circumstances of each case. The severity of the injury, whether there is permanent disability, the injured person’s age, income, profession, loss of earning capacity, recovery period and fault ratio are all taken into account.

If there is permanent disability, the disability rate becomes one of the most important elements in the compensation calculation. In cases of temporary incapacity, the injured person may claim income loss for the period during which they were unable to work.

In fatal elevator accidents, the calculation is based on the age and income of the deceased, the economic relationship with the persons claiming loss of support, and the expected duration of support.

8. Court of Cassation Decision and Case Law

Court of Cassation decisions concerning elevator accidents emphasize the responsibilities of building managements and elevator maintenance companies. In particular, failure to take necessary measures despite knowing that an elevator is old, unsafe or poorly maintained may give rise to liability.

Turkish Court of Cassation, 4th Civil Chamber
E. 2011/6669, K. 2011/8407, Date: 14.07.2011

Summary: The defendant site management had entered into a maintenance agreement with an elevator maintenance company. However, despite being aware that the elevators were old and dangerous, the necessary maintenance and safety measures were not adequately ensured. As a result, in a fatal elevator fall accident, the site management and the maintenance company were found at fault, and compensation liability was brought into question.

This decision shows that signing a maintenance contract with an elevator company may not, by itself, be sufficient to eliminate the responsibility of the building or site management. The management’s duty to ensure the safe use of the elevator and to eliminate known risks continues.

Conclusion

Elevator accidents may result in serious legal consequences for building owners, apartment and site managements, building supervisors, maintenance companies, contractors and employers. If the accident is caused by lack of maintenance, failure to perform periodic inspections, technical defects, absence of safety measures or failure to eliminate known dangers, injured persons may claim compensation.

In elevator accident compensation cases, the technical aspects of the incident, maintenance history, criminal file, fault ratio, disability status and damage items must be evaluated together. Therefore, preserving evidence, obtaining medical reports and conducting the legal process carefully are essential to avoid loss of rights.