Building owners have a responsibility to insure their buildings, and, as there is a third party risk associated with the use of lifts, it is highly recommended this is also covered. This general practice is widely accepted as the preferred way of complying with "The Lifting Operations and Lifting Equipment Regulations" (LOLER), 1998, requiring passenger lifts to undergo a thorough independent examination by a competent person, a minimum of every 6 months.
Lift Owner, Landlord or Proprietor’s Obligations
The lift owner, landlord or proprietor is designated responsible for the safe and suitable operation of the lift. Often it will be a site manager or supervisor, but could also be a tenant's association in a residential block or other such organisation responsible for ensuring the safety of the lift. The owner of the property in which the lift is situated would normally be responsible if no such other person or group had been appointed.
Duty of Care
All parties have a responsibility to take reasonable steps to avoid acts or omissions, which could lead to injury for other persons. Lift owners, landlords or proprietors have a specific responsibility to ensure the safety of others, while using the lift. In particular they are responsible for the safe use of the lift, which includes its safe operation, condition and compliance with relevant statutory requirements.
They may be required to explain to the authorities how these responsibilities have been discharged. This is usually by way of providing evidence of a regular servicing and maintenance contract together with a record of periodic thorough examinations by a competent person.