Effective in January of 2024, the State of Florida adopted certain portions of ASME’s (Association of Mechanical and Electrical Engineers) updated 2019 version of A17.1/CSA B44 Safety Code for Elevator and Escalators with the stated purpose to enhance safety and compliance in the vertical transportation industry. One of the version changes mandates two-way communication including voice, video and text between the elevator car and authorized personnel who respond to those calls. The code also requires a display message in the elevator cab to indicate a call has been received and help is on the way or on-site. This code change applies not only to new construction, but also to modernizations and alterations of existing elevator systems.
For vertical transportation companies involved in new construction and modernizations, the implication of this code requirement—more specifically, ensuring both the means of communication and its reliability after installation—carries potential tort liability as well as fertile ground for contract disputes. In cases of products liability and negligence, it is common practice for third-parties to claim there was a failure in two-way communication during entrapment calls. The new two-way communication requirement now gives a code-requirement basis for third-parties to seek liability against those who provision and those who monitor those communications. In the case of contractual disputes, this new change invites an opportunity for risk-shifting provisions and allocations of responsibility in a way that minimizes future liability to the elevator installer or modernizer. Thought should be given in the contracting phase as to who will bear the risk and who will bear the costs of ensuring communication continuity.
In the coming years, with continuing enhancements to communication systems but also increasing risks of unplanned interruptions, there will be a growing need for installation, modernization and service contracts to identify responsibilities and reduce installer exposure to the new two-way communication code requirement.
The attorneys at Weinstein Trial Firm consistently review code changes that affect the vertical transportation industry in order to advise, counsel and represent their clients in mitigating and sometimes eliminating the risk of liability exposure.
If you have any legal questions with regard to the new elevator safety code updates implemented in 2024 and how to protect your company from the potential increased risk of liability, get in touch with the attorneys at Weinstein Trial Firm to discuss your matter.
Additional resources and information about the safety code changes adopted in January of 2024 are below:
https://up.codes/code/asme-a17.1-handbook-on-safety-code-for-elevators-and-escalators-2019
