Since the late 1800s, Americans have been using escalators for practical and entertainment purposes. However convenient, these electronic devices aren’t without fail. They frequently break down, requiring repairs. Escalators also must be adequately maintained, and those who use them or are in their vicinity need to take care not to increase the potential risks they pose. Unfortunately, many Americans have sustained injuries in escalator accidents. They are left with many questions— What causes these injuries? Who is to blame when they happen? Should you call a personal injury lawyer if you are injured in such an accident?
Types of Escalator Injuries
Escalators have the potential to cause severe injuries to those who use them or work around them. While some escalator accident victims walk away with some minor scratches and bruises, others can have more serious injuries, such as:
- Broken bones such as wrists, arms, ribs, legs, ankles, fingers, and toes
- Burns of varying degrees
- Spinal cord injuries (SCI) such as potentially paralyzing damage to the cord itself
- Neck and back injuries, including fractures, ruptured discs, and soft tissue injuries
- Traumatic brain injuries (TBI) can range from minor to catastrophic if the head has suffered closed or open trauma
- Amputations—in severe cases, appendages can become caught in the escalator, causing a natural amputation or the need for a surgical one
These injuries have the potential to be life-altering. If you or someone you love were in an escalator accident, you deserve compensation for your damages.
Causes of Escalator Injuries
Generally, there are three ways in which escalator accidents can happen:
- Someone slipping or tripping
- Someone falling over the escalator’s handrail
- Someone or something on them, such as their clothing becoming entwined in the escalator
Escalator injuries commonly arise due to:
- Missing or broken steps
- Unsteady or broken handrails
- Missing or loose screws or other parts
- Missing or defective teeth
- Comb plate problems
- Too much space or too large of a gap between the stairs and the sides of the escalator
- Lack of or inadequate maintenance and repairs
- Improper installation
- Sudden stops, starts, or unexpected changes in direction or speed
- General malfunctions
At the root of most of the problems are issues with faulty parts or failure to repair and maintain the escalator according to manufacturer directions.
Escalator Accident Liability
When you hire an experienced personal injury attorney from TorkLaw, we will get to work investigating your accident. It’s essential that we determine how your accident happened to know who is liable for your damages. Often the business or property owner has liability in an escalator accident. Premise liability laws hold them accountable for ensuring their property – including escalators, elevators, and stairways – is safely maintained. If a property owner knew or should have reasonably known about a potentially hazardous condition or a defective part, they need to do one or more of the following:
- Promptly repair or fix the condition
- Block off the escalator or other dangerous area so that people stay away from it
- Post a sign warning of the danger
Suppose the property owner doesn’t take the appropriate steps to prevent accidents and injuries. In that case, they will likely be at least partially liable for them. However, more than one party could be responsible for compensating the injured victim. In addition to the property owner, the following parties could also be held liable:
- Escalator maintenance and repair companies: If the escalator needed repairs and the party responsible for keeping it in good condition failed to make the necessary repairs, they could be held liable.
- Inspectors: If a safety inspector fails to recognize defects or repair issues, they or their employer could be accountable for any forthcoming injuries.
- Parts or equipment manufacturers: Manufacturers are responsible for ensuring they make safe and working parts. If a mechanical part defect contributed to an escalator accident, the manufacturer could have liability for the victim’s damages.
What Should You Do After an Escalator Accident?
Although they are rare, escalator accidents can be serious. If you are involved in such an accident, your first step is to seek medical care. If your injuries warrant an ambulance trip to the hospital, take the advice of the paramedics. If they don’t, you can drive yourself to an emergency room, urgent care, or your own doctor’s office. Either way, it’s critical to seek medical attention. Not all injuries show symptoms right away—such as back or neck injuries. Some injuries may not have serious symptoms right away but can be life-threatening, such as internal organ damage or bleeding or a traumatic brain injury (TBI).
Once you are medically stable, it’s time to think about contacting a knowledgeable personal injury lawyer. It’s in your best interest if you reach out to them as soon as possible after your escalator accident. By contacting an attorney early on, you can:
- Ensure your case meets all legal deadlines, such as the statute of limitations in your state
- Learn the actual value of your case and refuse to settle for anything less
- Have a team that can collect evidence and begin a comprehensive investigation into the accident
- Focus on recovering from your injuries while letting your personal injury attorney handle your injury claim
- Avoid speaking to insurance adjusters as your attorney will talk to them on your behalf or be present with you if you must speak to them
Do You Need an Experienced Personal Injury Lawyer?
If you need an experienced personal injury attorney after suffering injuries in an escalator accident, look no further than TorkLaw. We’ve seen the devastation that these injuries bring victims and their families, and we won’t stop fighting for compensation on your behalf. Our personal injury attorneys are compassionate with clients but also fierce advocates when it comes to settling or litigating your claim.
Call TorkLaw today at 888.845.9696 or contact us online to receive a complimentary escalator accident case review. Our experienced and skilled staff members are available to take your call 24/7.
