Escalator Accidents

When someone is injured in an accident that didn’t involve their own negligence, they may be able to pursue compensation from the responsible party with a premises liability claim. These claims are based on certain types of accidents due to hazardous conditions present at someone else’s property. Escalator accidents can fall into this category and victims may have the legal right to file a personal injury lawsuit for damages depending on the circumstances surrounding their injury.

In the United States, escalator accidents account for approximately 10,000 injuries per year. (Source: US Consumer Product Safety Commission).

Definition of Premises Liability

Premises liability is a legal concept related to negligence in the context of a property owner’s responsibility for accidents or injuries that occur on their property. If a person is injured while lawfully occupying someone else’s property, such as a store or a residence, the law holds the owner responsible for compensating them for their injury. To determine if an injury was the result of negligence in the premises, courts must evaluate if any duty was owed by the property owner to the injured person and if that duty was breached, which resulted in an injury. Most states require that owners exercise reasonable care when it comes to guests being on their premises.

Types of Escalator Accidents

Escalator accidents can take a variety of forms, ranging from minor injuries to more serious incidents.

Common types of escalator accidents include:

  • Falls caused by steps that are moving too quickly or unexpectedly
  • Items such as clothing and jewelry getting caught in the handrails or machinery parts
  • Slips on stairs that stop abruptly or move too slowly
  • Entrapment due to poor maintenance of the conveyance system

These types of accidents often result in lacerations and contusions, but in extreme cases can also cause fractures and other severe injuries. Safety should always be a top priority for those using escalators, and it is important for operators to maintain them regularly in order to prevent dangerous situations from arising.

Common Causes of Escalator Accidents

Escalator accidents are any accidents that occur while getting on, off, or riding an escalator. Common causes of escalator accidents include:

  • Loose clothing
  • Crowded escalators
  • Shoelaces getting stuck in the joints
  • Poorly maintained or malfunctioning escalators due to lack of regular maintenance are a major contributor to injuries sustained on these machines

Duties of Property Owners

Property owners have a duty to ensure that escalators on their premises are safe for general use. This includes having regular check-ups conducted on the escalator in order to identify any potential issues with the machinery, as well as keeping the area around an operational escalator clean and clutter-free.

It is important for property owners to inform users of any possible dangers regarding using the escalator by providing adequate signage or other forms of warning. It is essential for property owners to provide proper training to upkeep teams in order to ensure that all safety protocols are being met and followed.

Statutes of Limitations

Escalator accidents can be both physically and financially burdensome for victims. Knowing the statute of limitations for a particular claim is essential for those who wish to take legal action against injuries sustained on an escalator. In most cases, the statute of limitations requires that these claims must be filed within two years from the date of injury, or in some instances, the date by which an injury was or should have been discovered. 

If a victim fails to meet this time limit, they may forfeit their ability to seek compensation from the parties responsible. It is therefore important to understand and be aware of these laws in order to protect oneself and seek justice after encountering an escalator accident.

Proving Negligence

Proving negligence in an escalator accident is often a difficult endeavor if done without expert legal representation, as there are numerous complexities involved in filing a claim of this nature. In many cases, the troubleshooting and testing process may have to be completed to determine which individuals or entities should accept responsibility for the incident. To successfully pursue a case of liability or negligence, it’s important to speak with knowledgeable premises liability attorneys who specialize in this area of personal injury law. 

An experienced attorney can evaluate the individual circumstances of an accident and help make sure all pertinent pieces of evidence are gathered to ensure the case is handled successfully.

Recoverable Damages

When it comes to escalator accidents, the potential for recoverable damages can vary from case to case. It is important for victims of these types of incidents to be aware that a variety of injuries can occur- such as broken bones, head trauma, spinal cord injury and even wrongful death – leading to significant financial losses. 

Medical expenses, lost wages and emotional distress are some of the costs that can be taken into consideration when filing a lawsuit or insurance claim. Should a third party’s negligence be identified as the cause of an accident, then additional compensation can potentially be recovered as well. Those who have been harmed by an escalator should contact an experienced personal injury attorney immediately in order to receive advice on the best course of action.

Strategies for Proving Negligence

When it comes to accidents involving escalators, determining who is at fault can be a laborious process. As the injured party, you must be able to successfully prove negligence on the part of the property owner in order to receive compensation for your damages. To do so, it is imperative that you are able to provide supporting evidence indicating that preventive measures were not taken, such as regular maintenance and adequate training for employees operating and inspecting equipment. 

You should also take steps to establish that you were an unsuspecting victim following all applicable safety guidelines at the time of the incident. By constructing a strong case with ample proof of negligence, you may be successful in obtaining restitution from those responsible.
If you have questions, please contact our expert premises liability lawyers at Breit Biniazan.

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