Elevator Maintenance Control Program (MCP): Essential Legal Protection for Building Owners

When an elevator incident leads to a passenger injury, documentation—not recollection—decides who prevails in court. A well-designed Elevator Maintenance Control Program (MCP) is more than a code mandate under ASME A17.1/CSA B44 § 8.6; it can become the foundation of a successful legal defense for the building owner. Below, Argon Elevator Consulting explains what an MCP is, why it matters, and how keeping it current protects both riders and owners.

1. What exactly is an MCP?

  • Unit-specific plan – Lists every component to be inspected, tested, cleaned, lubricated, and adjusted.
  • Intervals & procedures – Specifies how often each task is performed and the manufacturer-approved method.
  • Performance criteria – Sets tolerances that determine pass/fail during maintenance or routine tests.
  • Record-keeping system – Provides paper or digital logbooks and clear on-site access instructions.

Whether stored in a binder in the machine room or in a secure cloud platform, the MCP must be available on site to mechanics, inspectors, and Authorities Having Jurisdiction (AHJs).

2. Code compliance—and liability—rests with the owner

While most owners hire a maintenance contractor to create and execute the MCP, legal responsibility never leaves the owner or their agent. AHJs will cite the owner if the MCP is missing, incomplete, or inaccessible, and courts follow the same logic when injuries occur.

3. Five ways an accurate MCP fortifies your legal position

BenefitHow it helps in litigation
Demonstrates due diligenceProduces the written proof that the owner met the statutory duty of care spelled out in ASME A17.1.
Creates a contemporaneous audit trailDated entries, signatures, and test results carry more weight than verbal testimony assembled after an accident.
Rebuts “notice” allegationsRegular inspections and timely callbacks show hazardous conditions were neither known nor ignored.
Clarifies contractor vs. owner rolesA detailed task matrix helps shift liability to the party that actually performed (or failed to perform) the work.
Mitigates punitive damagesConsistent adherence to the MCP is evidence of responsible conduct, reducing the odds of a punitive award.

4. Best-practice MCP habits for owners

  1. Keep it current – Update after every modernization, alteration, or code revision.
  2. Retain records for the life of the elevator – Many jurisdictions require lifelong retention; it also bolsters historical proof of care.
  3. Audit your contractor – Spot-check logbooks for missing signatures, skipped tests, or falsified entries.
  4. Back up digital logs – Immutable time stamps in the cloud prevent “lost records” claims and satisfy inspectors.
  5. Ensure easy access – Post login instructions inside the controller cabinet or keep hard copies in a labeled binder.

5. Turn documentation into peace of mind

Safety comes first, but risk management runs a close second. In a lawsuit, an MCP that is complete, accurate, and readily available can:

  • Support motions for summary judgment, ending litigation before trial
  • Shift liability to contractors or manufacturers when component failure is at fault
  • Reduce settlement values, as plaintiffs struggle to prove negligence

Need help building—or benchmarking—your MCP?

Argon Elevator Consulting’s experts can:

  • Draft or update MCPs to match the latest ASME A17.1 requirements
  • Audit existing maintenance logs and identify compliance gaps
  • Train in-house teams on proper record-keeping and digital solutions
  • Serve as expert witnesses to interpret MCP evidence during litigation

Protect your passengers, your reputation, and your bottom line. Contact Argon Elevator Consulting today to ensure your Maintenance Control Program is airtight before you ever need to rely on it in court.

What is a SEAK Expert Witness? Your Complete Guide to Elevator Litigation Experts

What is a SEAK Expert Witness? Your Complete Guide to Elevator Litigation Experts

When elevator or escalator accidents occur, determining fault requires specialized technical expertise that most attorneys don’t possess. This is where SEAK expert witnesses become invaluable to your legal case. A qualified expert provides the elevator litigation expertise and technical knowledge attorneys need to win complex cases involving mechanical failures and safety violations.

Understanding SEAK Expert Witnesses

SEAK, Inc. operates the nation’s leading professional directory of expert witnesses across technical and medical fields. These qualified professionals provide specialized knowledge to help courts understand complex technical issues in legal proceedings.

For elevator and escalator litigation, these specialists bring critical industry expertise that can make or break your case. They analyze mechanical failures, review safety compliance, and provide clear testimony that judges and juries can understand.

Why You Need Expert Witnesses for Elevator Cases

Elevator accidents involve complex mechanical systems that require specialized knowledge to investigate properly. Here’s what makes professional witnesses essential:

Technical Investigation Expertise

Qualified professionals conduct thorough investigations that include:

  • Mechanical system analysis and failure identification
  • Comprehensive maintenance record reviews
  • Safety code compliance assessments (ASME A17.1)
  • Forensic examination of elevator components

Clear Communication Skills

Technical expertise means nothing if it can’t be communicated effectively. Professional witnesses excel at:

  • Translating complex technical concepts into plain language
  • Creating compelling visual evidence with diagrams and photographs
  • Providing credible courtroom testimony
  • Preparing detailed expert reports that strengthen your case

What Sets Argon Consulting’s Experts Apart

Argon Elevator Consulting stands out among professional witnesses with over 40 years of hands-on industry experience. Our founder, Russ Viciedo, brings exceptional credentials as both an industry leader and experienced litigation expert.

Russ Viciedo’s Expert Witness Experience

Russ Viciedo has extensive experience providing professional testimony in complex elevator litigation cases. His background includes:

  • Leading global R&D teams for major elevator manufacturers
  • Deep understanding of elevator design, engineering, and safety systems
  • Proven track record of clear, compelling courtroom testimony
  • Experience analyzing complex mechanical failures and safety violations

Unmatched Industry Credentials

As members of the SEAK directory, our professional team provides:

  • Over 40 years of combined industry experience
  • Unbiased, independent analysis (we work only for clients, never manufacturers)
  • Comprehensive forensic investigations led by Russ Viciedo
  • Expert testimony that courts trust and respect

Deep Technical Knowledge

Russ Viciedo’s expertise includes:

  • Extensive knowledge of ASME A17.1 safety codes and regulations
  • Understanding of modern elevator technologies and legacy systems
  • Experience with maintenance standards and industry practices
  • Insight into manufacturer design specifications and engineering principles

How Professional Witnesses Impact Legal Outcomes

The right litigation expert can dramatically influence your case outcome. Professional witnesses from Argon Consulting, led by Russ Viciedo, provide:

Liability Determination

Our experts identify the root causes of elevator accidents, whether due to:

  • Mechanical failures or design defects
  • Inadequate maintenance practices
  • Safety code violations
  • Operational errors or user negligence

Damage Assessment

We help quantify the impact of elevator accidents by analyzing:

  • System repair and replacement costs
  • Safety upgrades required for compliance
  • Property damage and business interruption
  • Long-term safety implications and risk factors

When to Engage Professional Witnesses

Contact litigation experts immediately when dealing with:

  • Elevator or escalator accidents causing injury or death
  • Mechanical failures resulting in significant property damage
  • Safety code violation allegations
  • Insurance disputes over elevator incidents
  • Maintenance contract disagreements and performance issues

Early engagement allows for proper evidence preservation and thorough investigation while details remain fresh and witnesses are available.

Russ Viciedo’s Professional Approach

As an experienced litigation expert, Russ Viciedo follows a systematic approach to elevator cases:

Comprehensive Case Analysis

  • Thorough review of all incident documentation and evidence
  • On-site investigation and forensic examination
  • Analysis of maintenance records and service history
  • Evaluation of code compliance and safety standards

Clear Expert Testimony

Russ Viciedo’s professional testimony is characterized by:

  • Plain-language explanations of complex technical issues
  • Professional courtroom demeanor and credibility
  • Well-prepared visual aids and supporting documentation
  • Ability to withstand rigorous cross-examination

Choosing the Right Professional Witness

Not all litigation experts are created equal. When selecting professionals for elevator litigation, consider:

Qualifications and Experience

  • Industry experience (Russ Viciedo brings 40+ years)
  • Technical certifications and advanced education
  • Previous testimony experience in similar cases
  • Track record of successful case outcomes

Independence and Credibility

  • No conflicts of interest with elevator manufacturers
  • Unbiased analysis and professional testimony
  • Strong reputation in the legal and industry communities
  • Clear communication skills and courtroom presence

Working with Argon’s Professional Team

Our litigation support process, led by Russ Viciedo, ensures comprehensive case support:

  1. Initial Case Evaluation: We assess your case merits and available evidence
  2. Forensic Investigation: Thorough on-site examination and technical analysis
  3. Expert Report Preparation: Detailed findings presented in clear, compelling format
  4. Deposition Support: Comprehensive preparation and professional testimony
  5. Trial Testimony: Expert courtroom presentation by experienced professionals

The Argon Advantage in Litigation Support

Russ Viciedo’s experience as a professional witness, combined with Argon’s industry expertise, provides unique advantages:

  • Credible Leadership: Russ Viciedo’s background leading global R&D teams brings unmatched technical authority
  • Litigation Experience: Proven track record of successful professional testimony
  • Independent Analysis: No manufacturer relationships compromise our objectivity
  • Clear Communication: Complex technical issues explained in understandable terms

Contact Our Professional Team

Professional witnesses are essential for successful elevator and escalator litigation. Their specialized knowledge, investigative skills, and ability to communicate complex technical issues make them invaluable assets to your legal team.

Argon Elevator Consulting’s litigation experts, led by founder Russ Viciedo, bring unmatched industry experience and proven courtroom success to your case. With over 40 years of hands-on experience and extensive testimony background, we provide the expertise and credibility you need to achieve favorable outcomes.

Ready to strengthen your elevator litigation case with experienced professional testimony? Contact Argon Elevator Consulting today to discuss how Russ Viciedo and our expert team can support your legal strategy and help secure the justice your clients deserve.

Our professional services help attorneys achieve favorable outcomes through independent analysis and credible testimony. Don’t let technical complexity weaken your case – hire qualified experts who deliver results.


Argon Elevator Consulting is a trusted member of SEAK, Inc. Founder Russ Viciedo provides expert witness services for elevator and escalator litigation nationwide, delivering independent analysis and credible testimony that help attorneys build stronger cases and achieve better outcomes for their clients.

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