Escalators are moving staircases that transport people from one level of a building to another. They are made of motorized steps that are linked together in a formation, which keeps them horizontal as they move up and down. Because they can move large numbers of people at the same time, escalators are commonly used in places like department stores, hotels, convention centers, airports, subway stations, and government buildings.
Most of us get on an escalator without any fear, and for the most part, these mechanized staircases are very safe. But the integrity of an escalator must be maintained on a regular basis through inspections and prompt repairs. When these basic steps are not taken, the escalator can suddenly stop, resulting in the person falling down. Even if they manage to catch themselves, the escalator can restart without any warning and cause the person to fall forward or backward.
If you or someone you know was injured by a malfunctioning escalator, California’s premises liability laws allow you to sue the property owner for your injuries. For more information from an escalator sudden stop injury attorney, call us today to schedule a free case review.
Causes of Sudden Stop Escalator Accidents
The vast majority of escalator injuries occur from sudden stop and sudden start accidents. This is usually due to a failure in the escalator’s electrical components, such as faulty wiring or issues with the power supply. Most of these accidents are completely preventable through a system of regular inspections and maintenance. This is the property owner’s responsibility, so if an escalator accident occurs on their premises, they are generally responsible for the victim’s harm and suffering.
The potential for someone to fall down on an escalator is especially high at places like shopping malls and airports. At these places, people are often holding shopping bags, suitcases, and other items that can interfere with their ability to catch themselves in the event of a fall. It’s also worth noting that escalators are used by many people at the same time. One person stumbling forward or backward can push or knock down other people on the escalator, thereby increasing the severity of injuries for all the involved parties.
Aside from electrical failure or defective components, escalator accidents can be caused by:
- Things getting caught in the escalator (shoelaces, clothing, high heels, long hair, etc.) from too much space between the steps and sides of the escalator.
- Steps that are missing, uneven, or broken.
- Poor lighting that can hide hazards on the steps.
- Insufficient or defective escalator handrails.
Owners or those in charge of managing the property are responsible for taking care of these hazards or issuing clear warnings if the problem can’t be fixed right away.
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Injuries from an Escalator Sudden Stop Accident
When an escalator malfunctions, the sudden stop or starting motion can result in many serious injuries that are comparable to slip and fall or trip and fall accidents. Potential injuries from a defective escalator include:
- Traumatic brain injuries
- Coma
- Broken facial bones
- Hip fracture
- Broken tailbone
- Fractured ribs
- Punctured or ruptured organs
- Internal bleeding
- Shattered or dislocated kneecap
- Torn ligaments and tendons in the knee
- Cervical / spinal cord injury
- Whiplash
- Nerve damage
- Deep cuts and abrasions
- Scarring
- Infections
- Ankle / wrist sprain
- Broken collarbone
- Dislocated / fractured shoulder
- Paraplegia / quadriplegia
- CRPS (chronic pain of the injury site)
Seeing a doctor is the most important thing you can do after an escalator accident, even if you don’t think your injuries are that serious. It’s not unusual to develop infections and other serious complications if you don’t seek treatment right away. To ensure the best chance of recovering from your accident, make sure to go to an ER, an urgent care center, or to your own doctor without delay. Along with treatment, you will need legal advice on how to file an injury claim against the liable party. Please give us a call and speak to an escalator sudden stop injury attorney.
Can I Sue for an Escalator Injury?
Yes, you can sue for an escalator accident if the property owner breached their duty of care to you as a customer, visitor, or guest on their property. Generally, an owner can fail in their duty of care in one of the following ways:
- They chose not to fix or warn people of a hazard they were aware of. For example, they knew the escalator was malfunctioning, but didn’t send for a repair technician or put up any warning signs.
- The owner or an employee at the premises caused the problem that made the escalator dangerous.
- Though the owner / management was not aware of an issue with the escalator, they would have been if they performed regular inspections and maintenance.
There’s no doubt that escalators are expensive to repair, and the process can be time-consuming. However, the owner has a legal obligation to resolve any issues on their property that can lead to an injury. Considering how seriously someone can he hurt from one of these accidents, a licensed technician must be called right away if there are any issues with an escalator. In the meantime, the public should be warned to stay away from the escalator with signs or barriers that are clearly visible. Being lax in any of these areas makes the owner liable if someone has a sudden stop or sudden start escalator accident.
In some cases, a party other than the property owner or business may be responsible. A common example is failure on the part of a maintenance company that’s in charge of inspecting the escalator. These inspections must be performed by a licensed technician, who is responsible for spotting worn parts, electrical issues, and other issues that require immediate attention. If the inspector failed in their duties, you may have grounds for a legal action against the maintenance company.
Compensation from an Escalator Accident Lawsuit
Escalators are normally in areas that receive countless visitors throughout the day. As a result, these property owners have a heightened duty of care to maintain the integrity of their escalators. If you were harmed due to a defective or improperly maintained escalator, you may be entitled to the following damages:
- Medical bills for treatments, surgeries, hospitalization, etc.
- Income lost from missed time at work
- Future lost wages if you’re unable to continue working
- Property damage for lost or broken items
- Pain and suffering
- Mental anguish
- Legal fees
- Punitive damages
It’s essential to discuss these forms of compensation with an experienced injury lawyer. The insurance adjuster handling your claim will try to get away with paying you as little as possible. It’s likely they will offer you the cost of medical expenses only, and deny or greatly limit your right to emotional damages. You can be sure that our attorneys will fight for every penny of the settlement you deserve.
Average Value for an Escalator Injury Claim
The approximate value of an escalator accident mostly depends on the severity of your injuries. In addition, we have to look at your financial losses due to the impact of those injuries on your life. For example, how much time will you lose from your job? Will you need on-going medical care throughout your life? Finally, we must examine the emotional trauma associated with your accident. Pain and suffering, as well as long-term emotional distress can be significant if you’ve been injured on an escalator. Many victims struggle with depression, nightmares, PTSD, and other mental health disorders.
The total amount of damages for a minor injury case may be around $15,000 to $50,000. But if you have numerous injuries that impact your career and various areas of your life, your escalator injury lawsuit may be worth $100,000 to $300,000. If your injuries are especially serious, perhaps resulting in a disability, your case value may be in the range of $500,000 to $1.5 million and above.
How long will it take to Settle my Case?
The amount of time it takes to settle your case is not something we can predict, but it’s our main priority to settle your claim in a timely manner. If the defendant cooperates with us in working out a fair settlement offer, your case may be settled within the first 6 months. But sudden stop escalator accidents often cause serious damage, like traumatic brain injury, internal organ damage, and fractures to the hip and pelvis. These are highly valuable cases, and you are more than likely to face resistance from the negligent party. In these situations, 12 to 18 months is a more realistic timeline in which to settle an escalator injury claim. For the most serious cases, two or more years may be needed before you receive compensation.
Is there a Time Limit to File an Escalator Injury Lawsuit?
Yes, there is a time limit, or statute of limitations, to sue for an escalator sudden stop / sudden start accident. Generally, the deadline to file your lawsuit is two years from the date of your accident. However, if you have an injury that doesn’t appear right away, you have up to two years from the discovery date of the injury to sue for compensation. The statute of limitations is rarely waived, so if you miss the two year window, you will most likely lose the right to recover payment for your injuries. Thus, it’s essential to contact us right away and get started on an accident claim.
Free Second Opinion
Many of the clients that come to see us have a lawyer already, but they’re confused about certain issues pertaining to their case. Sometimes, it’s simply a matter of verifying that the settlement offer they received is a good amount. But other cases are more serious, and it’s clear that the client is not receiving the care and attention they deserve. This can cause all kinds of problems down the road, so it’s a good idea to seek a second opinion as soon as possible.
A second opinion with one of our attorneys is completely free, and there is no obligation to switch your lawyer to one of our experts. However, if hiring us is in your best interest, we will contact your lawyer and have your case transferred to our firm at no cost to you. Of course, starting over with a new attorney is a big commitment, so you should only make that decision after a private consultation at our office. If you’re ready to speak with a lawyer experienced in escalator injury claims, contact our office as soon as you can.
Speak to a Premises Liability Attorney
If you have been injured due to an owner’s failure to maintain their premises, please seek representation from the lawyers of Normandie. Our attorneys have decades of experience in premises liability claims against shopping malls, airports, stadiums, public transportation systems, and many other areas that are prone to escalator accidents. You can count on us to fight tirelessly for your rights and bring you the compensation you’re entitled to.
With our Zero fee guarantee, you will never be charged for any of our services. We demand our fees from the party that has harmed you, which means we get paid at the same time you do. If we fail to recover your damages, you won’t be charged for any of our expenses. That means you can take immediate action on an injury claim without worrying about legal fees. Second opinion clients will also receive the Zero fee guarantee, so there is no cost to you if you’re interested in transferring your case to our law firm.
Don’t wait to seek the payment you deserve for your injuries. Call Normandie Law Firm to learn about your rights and legal options.
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