Ten thousand people visit the emergency room each year in the United States to treat injuries from escalators. Escalators are a common means of transportation in North Carolina and throughout the world, operating in shopping malls, hotels, airports, amusement parks, offices, conference centers, and concert venues. When an injury occurs, you may qualify to file a premises liability claim for an escalator injury.
The Jacksonville premises liability lawyers at Horton & Mendez Injury Attorneys explain escalator injury lawsuits.
Understanding Escalator Accident Claims
- When escalator injuries occur, victims may have a compensation claim.
- The process to receive compensation is an escalator accident claim.
- Most claims are based on design or manufacturing flaws, inadequate maintenance, or poor operation.
- To receive a payment, you must show who was negligent regarding the escalator.
- You must show how negligence was the cause of your injuries.
- An escalator injury attorney can represent you in claiming compensation.
Horton & Mendez Injury Attorneys is an escalator injury attorney in Jacksonville. We are currently accepting new clients.
How Escalator Injuries Happen
Mechanical failures
Escalator mechanical failures can include sudden stops, jerky movements, collapse, traveling at an improper speed, and brake failure.
Installation failures
When an escalator is installed incorrectly, there may be gaps between components. These gaps can cause a finger, hand, or foot to become stuck. Protruding parts and panels can cause trip and fall accidents or lacerations.
Wear and tear, inadequate maintenance
Escalators endure wear and tear. For example, paneling or covers in poor repair may expose riders to internal components. Broken steps and handrails may result in a trip and fall.
Design and escalation errors
An escalator may be designed in a way that makes it prone to causing injury. It must be installed free and clear of other structures.
If ceilings are too low or walls are too close, they may contribute to escalator accidents.
Failure to comply with standards
Escalators in North Carolina must comply with safety standards. Existing escalators must be maintained to the standards in effect at the time of installation. When standards are not implemented or when neglect occurs, an injury may happen.
Stuck between accidents
A body part, an item of clothing, or a personal item may become intertwined with the escalator. The person may not be able to free themselves. Loose shoelaces, shoes, purses, luggage, and dangling items can become stuck.
Inadequate inspection
In North Carolina, government officials inspect escalators in public places and places of employment. Inspectors are trained professionals who may notice failures that otherwise may go undiscovered until an accident occurs. Failing to have regular inspections, whether public or private, can mean that faults go undiscovered until it is too late.
Operational errors
Even when an escalator is installed and maintained correctly, operational neglect may result in injury. For example, the property owner may try to accommodate more people than the escalator can handle, which may be over its weight capacity. Crowds may jostle, causing shoving, trips, and falls.
People using an escalator may track sand, dirt, or mud into the components. The operator may place objects too close to an escalator.
Who May Be Liable for an Escalator Injury?
- Equipment manufacturers design and manufacture equipment.
- Installers who install the escalator, following specifications and getting permits. Under North Carolina regulations, they are responsible for safe operation until a certificate of operation has been issued.
- Owner who is responsible for the daily operation and general maintenance.
- Third parties and other riders who have a duty of care to avoid injuring others.
What Evidence Helps Prove an Escalator Injury Claim?
When building evidence for an escalator injury claim, consider what you must prove. You must show that a defect, maintenance failure, or operational negligence occurred.
You may need to present specifications of the escalator’s design. Maintenance, inspection, and cleaning records can show upkeep on the escalator. You may rely on an expert to explain what happened, how it was negligent, and how negligence resulted in the accident. Ownership records may prove who was responsible for the escalator and its failures.
Types of Compensation You May Recover
If you’re hurt by an escalator in North Carolina, you may recover both economic and non-economic damages. Economic damages are financial losses, such as emergency medical bills and additional medical care to diagnose, treat, and provide therapy. You may recover lost income from missed work and property damage.
In addition, you may recover reasonable compensation for pain and suffering associated with your injuries. This is relative to the severity of the accident and how it impacts you. Consider how severe your injuries are, how much pain they cause, how long they last, and how they impair your life. The total amount you may receive varies from case to case. Ask our Jacksonville, NC, escalator accident attorneys for a personalized consultation.
What To Do Immediately After an Escalator Accident
Immediately after an escalator accident, engage the emergency stop, if possible. Do what you can to mitigate future harm. Call 911 if anyone is seriously hurt or if they are stuck. Notify property managers promptly. Take measures to prevent more people from getting on the escalator or crowding rescue efforts.
Document the accident scene as much as you can. Have someone take photos and videos of the accident scene. Immediately after the accident may be your best opportunity to document the appearance of the escalator, close in time to the injury.
However, you may ask for an inspection as part of a formal legal process. Take photos of injuries, and retake photos as you heal.
Gather names and contact information for witnesses.
Later, your attorney can help you gather records of ownership and maintenance. Don’t wait to contact an attorney for escalator injuries.
Contact an Experienced Jacksonville Premises Liability Lawyer
The attorneys at Horton & Mendez Injury Attorneys are experienced Jacksonville premises liability lawyers. We represent people who are hurt in escalator accidents and their families. See what you may receive in compensation and get legal help today. Call or message us now.
