Otis Elevator Lawsuit Alleges Malfunction Caused Elevator To Descend Uncontrolled

Claims draw attention to the risks posed by elevator failures in public venues, and highlight the importance of regular inspections to protect passengers.

A new lawsuit alleges that a malfunctioning elevator plunged multiple floors without warning, turning what should have been a routine ride inside a Las Vegas hotel into a catastrophic incident that left two people with permanent, disabling injuries.

The complaint (PDF) was filed last month by Monica Machado and Hector Delgado in Clark County District Court, and was later removed to the U.S. District Court for the District of Nevada on January 16. The lawsuit names TK Elevator Corporation and Otis Elevator Company as defendants, along with other unnamed contractors and entities involved in the elevator’s design, maintenance or operation. 

The case highlights potential safety concerns surrounding elevator maintenance and inspection practices, particularly in high-traffic public venues such as hotels and casinos, where equipment failures can expose passengers to serious injuries and death.

According to the lawsuit, Machado and Delgado were lawfully on the premises of the Excalibur Hotel & Casino on June 30, 2023, and using the elevator as intended, when it malfunctioned, causing an uncontrolled descent over multiple floors. The sudden drop allegedly caused injuries to the individuals’ necks, backs, heads, extremities and nervous systems, some of which they say are permanent and disabling.

The filing indicates that Otis Elevator Company had an active maintenance contract covering the elevator at the time of the incident, and therefore had a duty to properly inspect, test, service and maintain the equipment to ensure it was safe for passengers.

Machado and Delgado contend that the incident was not the result of user error or unavoidable circumstances, but rather a foreseeable consequence of improper maintenance, inspection and design failures.

In addition, the lawsuit states that Machado has already incurred more than $44,000 in medical expenses, with additional treatment expected. Both plaintiffs claim they have suffered physical impairment, loss of enjoyment of life, mental anguish and limitations on work and recreational activities as a result of the incident.

“That as a direct and proximate result of Defendants’ negligence, Plaintiffs have been required to and have limited occupational and recreational activities, which have caused and shall continue to cause Plaintiffs loss of earning capacity, lost wages, physical impairment, mental anguish, and loss of enjoyment of life in a presently unascertainable amount.”

— Monica Machado et al v. TK Elevator Corporation et al

The defendants are accused of failing to identify dangerous conditions, failing to warn passengers of non-obvious hazards and allowing the elevator to remain in service despite conditions that could lead to a sudden drop.

Machado and Delgado raise allegations of negligence, strict products liability, negligent design and manufacture, breach of warranty, and negligent hiring and supervision. The complaint indicates that the defendants knew or should have known that the elevator posed a risk of uncontrolled movement, yet failed to take reasonable steps to prevent harm.

The lawsuit seeks compensation for past medical expenses, future treatment, lost wages, diminished earning capacity and other damages. Machado and Delgado are also seeking recovery for permanent physical injuries and long-term impairments they allege resulted from the elevator malfunction.

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