At present, a lift owner (i.e. a real property manager or administrator) usually takes the decision to modernize the lift following the recommendation from the Office of Technical Inspection (UDT) issued after annual inspection carried out by a UDT inspector to certify the lift for further use.

UDT Inspector, upon finding that the degree of lift’s wear creates hazards for its users, obligates its owner to carry out modernization scheme. As a rule, the owner undertakes modernization only to the extent that allows UDT to approve further operation of the lift.

For economic reasons, as many as possible existing lift components are usually left in the lift as long as they are fit for further use, provided that it is in conformity with current UDT regulations.

Risk related to lift service and use should be considered by managers and administrators of the building, because they are required to ensure safety of lifts in use. This requirement follows from several legal acts, e.g. building law, act on rental of premises.

Anyone who suffered loss as a result of using a product may claim damages on general terms. The Act of 2 March 2000 on protecting consumer rights and responsibility for damage caused by a dangerous product (The Official Journal of 31 March 2000, Vol. 22, item 271) introduced separate regulations concerning responsibility for damage caused by dangerous products.

Also, in Book III of the Civil Code, Heading VI 1 was added to cover this issue. Based on Art. 449 of c.c., anyone “who suffers a property loss as a result of using a dangerous product” may claim damages.

Considering the above, before taking the decision concerning lift modernization it is advisable to have an extended risk analysis conducted, covering identification of hazards, technical condition of the lift, scope and staging of modernization taking into account the requirements of building law, e.g. on fire protection, noise protection, access for disabled persons, energy saving. Technical analysis should also comprise costs analysis.