Escalator or Lift Malfunctions in Shopping Centres

Most of us use lifts and escalators without giving them a second thought. But when something goes wrong—whether it’s a sudden jolt, a mechanical fault, or a door that doesn’t close properly—the consequences can be serious. If you’ve been injured due to a malfunction in a shopping centre, it’s important to know that help is available.

At John O’Leary Solicitors LLP, we’ve been supporting individuals in Tallaght and across Dublin for over 20 years. We understand how frustrating and painful these incidents can be, especially when they happen in places you trust to be safe. You won’t be rushed or handed off here. We’ll take the time to listen carefully, explain things clearly, and guide you through your next steps—at your own pace.

If you’ve been affected by a lift or escalator malfunction and feel something should have been done to prevent it, contact John O’Leary Solicitors LLP today to speak with a local solicitor who genuinely understands

Where Escalator and Lift Accidents Happen and Why They Occur

Escalators and lifts are essential features in most modern shopping environments, but when they malfunction, the results can be sudden and severe. Injuries typically occur in high-traffic areas where maintenance or monitoring standards vary, and where design choices or daily use create avoidable hazards.

Where These Accidents Typically Happen

Accidents involving lifts and escalators occur in several types of commercial spaces:

  • Large shopping centres and retail parks:These include major destinations like The Square Tallaght or Liffey Valley, where lifts and escalators connect multiple floors, parking levels, and food areas. The volume of use is high, with children, elderly individuals, and people carrying shopping bags regularly relying on the equipment.
  • Multistorey car parks:Many centres have internal lifts connecting parking decks with the main building. These lifts are essential for users with mobility issues, prams, or trolleys. Failures in these areas often go unnoticed until an injury occurs.
  • Anchor tenants and department stores:Chains like Dunnes, Tesco, and Marks & Spencer often operate escalators or platform lifts inside their premises, independently of the wider centre. These can serve multiple floors or link shop floors with internal stock areas and exits.
  • Small retail plazas and independent units:Smaller premises may install vertical lifts or compact escalators to accommodate narrow layouts or older buildings with no ramp access. These lifts are typically enclosed and lightly monitored.

Each of these environments places different demands on mechanical systems and is subject to different maintenance regimes, with responsibility for upkeep varying between centre management, tenants, and third-party providers.

Why These Accidents Occur

Several mechanical and environmental issues regularly lead to injury. Common causes include:

  • Sudden stops or power interruptions:Abrupt halts in motion—whether from an emergency stop, system fault, or external power failure—can throw passengers off balance or cause falls, especially if they’re holding bags or using walking aids.
  • Step collapse or escalator misalignment:When steps dip, sink, or fail to align properly with entry and exit points, footwear or wheels may become trapped. This can cause people to trip, fall, or get caught.
  • Handrail or belt malfunction:A slack, sticky or broken handrail may cause users to lose grip, particularly when navigating turns or dismounting. Children and elderly passengers are especially vulnerable in this situation.
  • Mislevelling on lift exit:A lift that stops even slightly above or below the floor surface can create a trip hazard—particularly for those with reduced mobility or vision.
  • Fast or uncontrolled door closure:Malfunctioning doors that shut suddenly or without full sensor activation can strike or trap users. This is a common issue with older or poorly maintained systems.
  • Lack of flooring traction:Escalator entry and exit points are often located near entrances, cafés or bathrooms where liquid spills and rainwater accumulate. This creates slipping hazards at transition zones, especially when combined with worn or smooth flooring materials.
  • Overcrowding and poor flow control:Lifts and escalators in busy centres are frequently overloaded or blocked by trolleys, buggies or people standing in the way. This can delay exits, increase jostling, or interfere with emergency stops.
  • Poor visibility or signage:Users may not see warnings, entry points, or fault indicators when signage is missing, faded or improperly placed—particularly in multistorey car parks or back corridors.

Who May Be Liable for Escalator or Lift Failures

Determining who is responsible after a lift or escalator accident depends entirely on who had control over the equipment at the time of the malfunction. Legal liability arises from the failure to inspect, maintain or repair known or discoverable faults. This section identifies the parties who may carry legal responsibility, based on their role and level of control.

Premises Owners or Occupiers

In most shopping centres, the centre management company is legally responsible for the lifts and escalators that serve public areas. Their obligations typically include:

  • Carrying out or arranging regular inspections
  • Responding to service alerts or complaints
  • Ensuring emergency stop mechanisms are functional
  • Securing access to machinery and service areas

In some cases, responsibility may fall on a tenant—such as a department store or anchor unit—if the escalator or lift is within their exclusive control. Where that tenant operates the equipment for customer use and handles its maintenance, they may be treated as the occupier for liability purposes.

Maintenance Contractors

Lifts and escalators are often maintained by third-party contractors who have been engaged to carry out regular servicing. These contractors may be held liable where:

  • Service records show faults were identified but not addressed
  • Routine maintenance was skipped or performed improperly
  • Emergency systems (e.g. stop buttons or sensors) failed due to neglect
  • A defect arose from recent work carried out incorrectly

Maintenance liability depends on the scope of the service agreement. Where the contractor had sole responsibility for fault detection and safety testing, liability may be shared or transferred entirely to them.

Property Management Companies

In multi-tenant shopping centres, a property management company may be retained to oversee building services, including vertical transport systems. These companies may be responsible for:

  • Coordinating maintenance contracts
  • Logging reports or complaints from tenants and the public
  • Scheduling repairs or shutdowns
  • Keeping updated service records

If the management company failed to act on known issues or failed to escalate safety concerns, they may be held liable—even if they did not directly service the equipment.

Manufacturers or Installers

While less common, liability may also arise where:

  • A lift or escalator was installed with defective components
  • The system was not installed according to manufacturer specifications
  • Faults emerged shortly after installation due to poor workmanship
  • The equipment failed due to an inherent design flaw

These cases often require technical analysis to determine whether the malfunction was due to improper installation or a failure of an internal component not related to servicing.

Shared Responsibility

It is common for more than one party to hold legal responsibility in these cases. For example:

  • A shopping centre fails to act on complaints
  • The maintenance provider misses clear signs of wear
  • The installer used substandard components

In such cases, liability may be divided between them depending on the nature and timing of the failures. Identifying the correct parties is essential to proceed with a claim and often requires reviewing contracts, service logs, and incident history.

Legal Criteria That Determine Claim Validity

A lift or escalator malfunction alone does not automatically result in legal liability. For a personal injury claim to succeed, the incident must meet specific legal criteria. These criteria are based on principles of negligence and are applied to establish whether the party in control of the equipment failed in their legal duties.

Foreseeability of the Hazard

Foreseeability means the fault or malfunction must have been something that the responsible party could reasonably have identified and acted on. This may include:

  • Visible physical damage (e.g. frayed belts, misaligned steps, broken safety features)
  • Repeated customer complaints about the same equipment
  • Overdue inspections or missed servicing intervals
  • Warning signals ignored by on-site management

The law does not require actual prior knowledge of the exact incident—only that the risk was reasonably predictable and preventable through ordinary diligence.

Failure to Act on Known or Discoverable Issues

The second legal test concerns how the responsible party responded—or failed to respond—to the issue. Common indicators of failure include:

  • Ignoring maintenance contractor reports
  • Skipping routine inspections
  • Postponing urgent repairs to save cost
  • Keeping malfunctioning equipment in use despite staff complaints

Liability arises when an issue was discoverable through routine upkeep, but no timely action was taken to repair, isolate, or warn users about the hazard.

Direct Causation of Injury

It must be clearly established that the equipment fault directly caused the injury in question. This is known as causation. Courts and insurers will assess:

  • Whether the injury occurred in close proximity to the equipment failure
  • Whether the type of injury is consistent with the reported malfunction
  • Whether any third-party factor (e.g. sudden user movement) was the actual cause

Medical records, CCTV footage, witness statements, and incident logs are often used to show that the fault—not another event—was the primary cause of the injury.

Reasonable Use of the Equipment

The injured person must have been using the lift or escalator in a reasonable and permitted way. Reasonable use includes:

  • Standing upright on an escalator
  • Entering or exiting a lift in an ordinary manner
  • Holding a pram, shopping bag, or mobility aid without obstructing safety features

Claims may be weakened if the injured person was:

  • Jumping or sitting on the escalator steps
  • Blocking lift doors deliberately
  • Forcing the equipment to operate during a known outage

Even where user behaviour contributed to the incident, this does not automatically prevent a claim. It may instead lead to a reduction in the award based on contributory negligence.

Shared Responsibility and Contributory Negligence

In some cases, the fault lies partly with the premises operator and partly with the injured person. The law allows for contributory negligence, which reduces the value of the claim in proportion to the user’s role in the incident.

For example:

  • If the escalator handrail was defective but the user was running at the time of the incident
  • If the lift mislevelled but the user attempted to enter while doors were closing

Where this applies, a percentage deduction may be made from any settlement or award. Liability is rarely all-or-nothing in mechanical fault claims.

Time Limits for Bringing a Claim in Ireland

In Ireland, there is a strict legal time limit for making a personal injury claim. This limit applies to injuries caused by escalator or lift malfunctions in shopping centres, car parks, or commercial premises.

The standard limitation period is two years from the date of the accident. This two-year period begins on the day the injury occurs, not when the injured person first considers legal action. If the claim is not formally initiated within this period—by submitting the correct application to the Injuries Resolution Board—the right to pursue it may be lost entirely.

There are two recognised exceptions:

  • Minors (under 18): The two-year period does not begin until the person turns 18. A parent or guardian may bring a claim on the child’s behalf at any time before this point, or the child may bring the claim independently up to their 20th birthday.
  • Persons lacking mental capacity: Where a person lacks the legal capacity to manage their affairs, the time limit is paused for as long as that condition applies.

In cases involving shopping centres, time is not the only concern. Lifts and escalators are often serviced or repaired shortly after an incident. Maintenance logs, CCTV footage, staff rosters, and customer incident reports may be retained for limited periods only. Delaying the claim may result in critical evidence being lost.

If you’re unsure how much time remains—or whether the clock has already started—legal advice should be sought immediately to preserve your right to claim.

What to Do After an Escalator or Lift Injury Occurs

If you’ve been injured due to a lift or escalator malfunction, the steps you take immediately after the incident can influence whether a claim can be pursued. This section outlines the specific actions that help preserve evidence, establish the facts, and support the legal assessment of your case.

Seek Medical Attention and Record the Injury

Attend a GP, clinic, or hospital as soon as possible after the incident. A delay in treatment may lead to questions about the cause or seriousness of the injury. Medical records should clearly state:

  • The nature of the injury
  • The date and time of treatment
  • The cause as described by the injured person
  • Any future care, scans, or follow-up referrals

Request copies of discharge letters, prescriptions, and invoices for any out-of-pocket costs.

Record the Time, Location, and Conditions

As soon as possible after the incident, make a written record of:

  • The exact time and date
  • The name of the shopping centre or store
  • The specific location of the lift or escalator (e.g. car park level, between floors, food court entrance)
  • The weather or environmental conditions if relevant (e.g. wet floor from rain)
  • Whether the equipment was still running or switched off afterwards
  • Any alarms, noises, or unusual movement before the incident occurred

This log should be kept in your own words and updated if you recall additional details.

Photograph the Equipment and Scene

Take photos of:

  • The escalator or lift from several angles
  • The step, platform, or entry point where the injury occurred
  • Any visible faults, warning lights, signage, or lack thereof
  • The surrounding area, including nearby hazards (wet floors, missing tiles, unlit zones)

Photographs should be timestamped if possible and stored securely. If the area is immediately cordoned off or repaired, these images may be the only physical record of what occurred.

Report the Incident to the Operator or Centre Management

Notify staff on-site and request to complete a formal incident report. If no report form is offered, submit a written account via email to centre management. Retain copies of all correspondence.

Include the following in your written report:

  • Date and time of the incident
  • Description of the fault or malfunction
  • Outline of your injuries
  • A request that the report be logged and acknowledged

Follow up if no written confirmation is received within a reasonable time.

Identify and Preserve Witness Information

If anyone witnessed the incident—including staff, security, cleaners, or other shoppers—ask for their name and contact details. Their statement may help verify:

  • The mechanical fault
  • The condition of the equipment
  • The immediate response (or lack of one) by staff

Do not rely on centre management to record or retain these names.

Keep Damaged Property and All Expense Records

Preserve any personal property affected, including:

  • Clothing or footwear torn, bloodied, or damaged
  • Bags, prams, or mobility aids that were involved
  • Any item that may have contributed to or resulted from the incident

Store all receipts or proofs of:

  • Medical appointments or treatment
  • Transport (taxis, buses, car mileage)
  • Equipment or prescription costs
  • Time off work (for self-employed individuals or where medically advised)

These records may be required to demonstrate how the injury occurred and the impact it has had. Delay in gathering evidence can result in gaps that weaken your claim.

Contact a Solicitor

If you’ve been injured due to a lift or escalator malfunction, John O’Leary Solicitors LLP can help. We provide clear, practical advice grounded in over 20 years’ experience. Contact us today to find out what steps to take and whether you may have a valid claim.