There were about 11,000 escalator-related injuries in 2007 as a result of escalator accidents, according to the Consumer Product Safety Commission (CPSC). Elevators also can cause injuries. Many escalator and elevator accidents are attributed to mechanical malfunction, such as with doors, carriage alignment or floors, as well as slip and fall accidents, getting caught in the escalator steps or elevator doors, and more.
If you or a loved one has been injured while riding an escalator or an elevator, you may have grounds for a premises liability case. Negligence on the part of the property owner or the maintenance staff may be the cause of your accident. Poorly maintained equipment or substandard cleaning practices can cause slip and fall accidents, and mechanical failures can be traced back to irresponsible staff or service companies.
If you suffered injuries due to the irresponsible actions or inattentiveness of those responsible for your safety in an elevator or escalator accident, contact an attorney who handles premises liability cases to review your case.
Basics of Premises Liability after Escalator and Elevator Accidents
When someone is injured on public or private property, premises liability law may apply to protect the interests of the injured party. Property owners are expected to act in a reasonable manner when it comes to the safety of their property. Reasonable duties typically include the following:
- managing routine maintenance on any equipment.
- keeping walkways or other areas of visitor traffic free of debris and obstacles.
- repairing broken floor tiles, doors or other elements of the property that could injure someone.
- and, securing any areas that pose hazards with fencing, signage or other acceptable means.
If you are injured while on someone else’s property, and believe the event occurred because of neglect or error on the part of the property owner, you may be entitled to compensation. It is the property owner’s responsibility to ensure your safety as a visitor, and he or she may be liable for expenses you’ve incurred, such as medical bills or lost wages. Pain and suffering are also considered in premises liability cases.
Building Your Case after an Elevator or Escalator Accident
Any successful premises liability case must include documentation to support your injury claim, medical expenses and/or lost wages. You must be able to quantify your damages. In addition, you must be able to prove the fault and responsibility of the property owner. To prove fault, one of the following scenarios must apply:
- The property owner caused the hazard: If you can prove poor maintenance, mechanical failure or unclean surfaces caused your elevator or escalator accident, you may have a premises liability case.
- The property owner knew about the danger: If you have some type of evidence or cause to believe that reasonable knowledge existed of the dangerous condition, and the property owner did nothing to remedy it, you may have a premises liability case.
- A reasonable person would have remedied the situation: You may need to prove that another person in the same situation would have known about the danger and would have acted to fix it.
Call Cordisco & Saile LLC for Help after Escalator or Elevator Accidents
If you or a loved one has been injured in an escalator or elevator accident or in the event of a loved one’s elevator or escalator death, you may be entitled to compensation from the property owner. You will need to file a premises liability claim and be prepared to present all supporting documentation. Cordisco & Saile LLC handles premises liability cases and can help you navigate the complex process. Call us today at 215-642-2335.