Most people ride escalators without a second thought about safety. An estimated 90 billion people ride escalators each year, and there are strict safety guidelines by which manufacturers and installers have to abide. Even still, approximately 11,000 people were hurt on escalators in 2007, according to a landmark study by the Consumer Product Safety Commission.
Many people who have issues with escalators are the aging population. Read some tips for preventing slips and falls in the elderly. There is a good chance you’ll have a legal means in which you can recover damages through a premises liability claim. The first step in taking legal action is to contact an injury attorney to determine liability.
The Complexities of Determining Liability in Escalator Accidents
Determining liability and whom you can sue for escalator-related injuries is complex because there are so many potential types of situations and factors that play a role. For example, the majority of fatal escalator accidents befall workers.
Because these types of accidents are work-related, the victims’ family members may need to file a workers’ compensation claim and possibly a third-party liability claim if another party contributed to the accident. For non-work-related accidents, determining liability hinges upon negligence. The party that handled the incident is the party the victim can sue.
Potential parties at fault for escalator-related injuries include the following.
- The mall or escalator company: the company might be liable if they didn’t properly maintain it or knew of a defect or hazard and failed to address it or warn people.
- The escalator manufacturer or the manufacturer of one of the components: they might be liable if there was a defect in design or manufacture.
- The installers: the installation company might be liable if they made a mistake or error when doing their job.
- The maintenance crew or inspectors: outside escalator maintenance crews and inspectors might be punished if they didn’t perform the necessary routine checks or found defects but didn’t address them.
- Another rider on the escalator
Proving a Claim for Escalator-related Injuries
To determine and establish liability, you and your attorney will need to collect evidence to accompany your claim or lawsuit.
- Maintenance and installation records
- Video camera footage
- Witness testimonies
- Reports from expert witnesses
After your lawyer has reviewed the information, determined which party is liable, s/he can help you pursue compensation for damages such as medical bills, lost wages, and emotional harm. For legal counsel with an escalator injury attorney in Pennsylvania, contact Cordisco & Saile LLC at 215-642-2335.