A Compliance Investigation on Home Elevators: Going Down

It took six weeks of near-daily asking, but the U.S. Consumer Product Safety Commission has finally allowed a statement on its actions regarding home elevator entrapment hazards to trickle out of the bedrock that is 6B (the section of the Consumer Product Safety Act that allows manufacturers to control the flow of information from the CPSC.):

“The agency has an active and ongoing compliance investigation regarding the safety of residential elevators and the entrapment hazard they can present,” the CPSC said.

This “active and ongoing” compliance investigation emanates from a March presentation that Atlanta attorneys Andy Cash and Dave Krugler made to the CPSC staff on behalf of the Helvey family, whose six-year-old son suffered a severe head injury after becoming entrapped in a home elevator on Christmas Eve, 2010. The Helvey’s elevator was a National Wheel-o-Vator, now owned by Thyssenkrupp. The CPSC has jurisdiction over elevators used in residential settings as a consumer product. They are not subject to any mandatory federal standards, only industry-written voluntary standards, which may or may not have been adopted by states as a legal requirement.

And as part of its official statement, the CPSC also said this:

“While CPSC investigates the role and responsibilities of manufacturers and installers when it comes to the safety of residential elevators, owners of residential elevators should take steps to ensure children do not have unsupervised access to in-home elevators.” 

Michael and Brandi Helvey strongly refuted any suggestions that parents are to blame – the classic manufacturers’ response when their mis-designed or mis-manufactured products start causing harm in the marketplace. They had been scrupulous in installing gates on all the stairs, styrofoam covers on the sharp stone corners of the fireplace, childproof kitchen cabinet locks and a front door deadbolt to ensure Jacob couldn’t get out.

The Elevator Design Hazard That’s Been Killing Children for Decades

On Christmas Eve 2010, three-year-old Jacob Helvey tried to take the small National Wheel-O-Vator elevator in his Atlanta home to follow his mother Brandi, who had gone to the second floor to momentarily move some laundry. The Helveys are protective parents who didn’t allow their son to play in the elevator, so Jacob had never taken it by himself before. He accidentally entrapped himself between the hoistway door, which in home elevators, is a swing-type door that resembles any closet or room door, and the accordion-style door that encloses the elevator itself. Once that outer door closes, it automatically locks – a safety feature to ensure the hoistway door cannot be not opened while the elevator is in operation. It’s an old design that was common in small commercial buildings when elevators had attendants, and is still used today in home elevators.

[flashvideo file=video/BrickmanAnimation.flv image="video/BrickmanAnimationPrevew.jpg" /]

Animation by Dennis Brickman, Engineering Systems, Inc.

Helvey, at 3-feet-2-inches and 31 pounds, was situated with his back against the accordion door, and his head turned sideways in its valley. Brandi could hear a commotion downstairs and summoned the elevator to check it out. As the elevator rose, and re-leveled, Jacob’s body fell through the space between the sill and the elevator car. When it stopped, the elevator was on Jacob’s back, with his head above the sill, compressed for 10 minutes while his mother, Brandi, pried the door open and a neighbor and police used a shovel and 2 by 6 to ease the elevator off his body  He suffered brain damage. Jacob, now five and a half years old, is slowly progressing, say his parents Brandi and Michael.

Categories

Archive Dates

Follow us on Twitter

Categories

Archive Dates

Follow us on Twitter