Escalator accidents are generally considered “premises liability” cases. A premises liability case commonly looks to the owner of the property to keep it in a reasonably safe condition. The property owner has a duty to those lawfully present on the property. But as with any personal injury case, the specific facts will heavily determine whom the injured plaintiff will sue and the theory of fault, or “negligence.”
The Location of the Escalator Accident
First, let’s talk about where the escalator is located. Accident location will determine who must be sued. For example, if the escalator is located within a mall, the mall itself is likely responsible for maintenance. In that scenario, the owner of the mall is likely the proper party to sue. But if the escalator is located inside a store itself, then the plaintiff may have a case against both the owner of the store and the owner of the mall.
The Cause of the Accident
Second, the escalator accident attorney will look at the reason for the fall. Or, in other words, what was the cause? Sometimes, a person will fall due to poor maintenance or repair of an escalator. An escalator is a complex mechanical machine. Companies contracted to maintain and repair escalators have a great responsibility to make sure that they are regularly and properly inspected and maintained. The plaintiff may need to also sue such companies in connection with an escalator accident.
There are many scenarios for an escalator accident. The escalator may “jerk” causing a person to lose their balanced and fall. This could be a maintenance and repair claim. Or, the accident may involve a new escalator that was not properly installed. Similarly, there could be a manufacturing defect. All of these scenarios can lead to an additional defendant in a lawsuit. If there are more parties in a lawsuit, that could lead to a greater recovery for the plaintiff.
Other scenarios could be that clothing – either the injured plaintiff’s or someone else’s – became caught in the moving stairs. Clothing becoming caught on an escalator is a situation that could result in very serious injuries and even death.
The attorneys at the Platta Law Firm are experienced in handling all types of premises cases. We specifically handle escalator accident cases. So give us a call. We are here to help.