Injuries from Escalator and Elevator accidents

We often take for granted the degree of precision and care that is required to keep commonly used machines, such as escalators and elevators, in working order. Likewise, because they are ubiquitous, we often dismiss the potential dangers that these machines pose when they are operating incorrectly.

Mechanical failures

Mechanical failures will often cause serious injuries and may entitle you to compensation. As outlined in our section regarding occupiers’ liability, the responsibility for a malfunctioning escalator or elevator will often fall upon the landlord or owner of the building.

Accidents that occur on escalators or elevators can arise through the improфввшешщper installation of moving parts, lack of proper maintenance, mechanical failure, or unexpected erratic movements. In such cases, injuries can range from scrapes and bruises to fractures, broken bones, or concussions. It is also common that victims suffer damage to clothing or personal belongings, which can be recovered in a legal action.

What must the plaintiff prove?

To be successful, it must be proven that the owner, occupier, or maintenance contractor failed to act reasonably and that their negligence caused injury to the plaintiff. It is also important to be aware that the actions (or omissions) of the plaintiff themselves could have contributed to the cause or severity of the injury – a concept known as “contributory negligence”. Each scenario must be assessed carefully and thoroughly as the facts of each case are unique.

The legal issues involved in these cases can be complex. As such, we believe it is highly advantageous to seek out legal expertise from the onset. At Grillo Law P.C. our experience in dealing with the such cases will be invaluable to you, and can help you get the compensation you rightly deserve.

Additional articles

Common Elevator Defects and Malfunctions

It may surprise you to discover that elevator accidents cause injury to as many as 10,000 in the United States every year. This is according to the US Bureau of Labour Statistics. We don’t think of elevators as dangerous or capable of causing injury, but malfunctions do happen and people get hurt. We were not able to find statistics in Canada.

Millions of people use elevators each day. This is why there are rules and regulations that govern the installation, inspection and maintenance of escalators. Standards and best practices govern the industry. Anyone involved in maintaining and installing elevators must be trained and certified.

The most common elevator malfunctions include the following;

• Malfunctioning doors – when doors fail to open people may panic. The problem may worsen when temperatures rise or where older people or small children are in the escalator.
• Sudden stops – electronic and programming problems can cause a sudden stop. When this happens, people may fall and injure themselves.
• Lift not lined up with the floor – Can cause a tripping hazard.

These malfunctions are typically caused by the following defects in the elevation system

• Electronic or electrical malfunction
• Design faults
• Pulley malfunction
• Installation problems
• Inadequate maintenance.

While injuries from elevators occur relatively infrequently, it is important to know your rights when it comes to claiming for injuries incurred in a malfunctioning elevator. The building owner must maintain the escalator in a safe condition. The owner must ensure that mandatory inspections are performed. Over and above this he or she should have a regular inspection routine. Legal liability typically lies with the owner, installer, manufacturer or maintenance technician.

Common Escalator Defects and Malfunctions

Escalators have been around for more than 150 years and today they form part of our everyday lives, from airports to shopping malls and hotels to train stations. We don’t think of them as posing any danger to our personal well-being. But escalators can fail and when they do, they can cause some pretty nasty injuries

Typically defects occur because of poor installation or shoddy maintenance. The most common escalator defects and malfunctions include the following;

• Sudden stop or start – can cause users to fall and hurt themselves
• Gaps on the side rail – trapping hair or clothing or even a hand or finger
• Gaps at the top or bottom of the escalator – trapping clothes, shoes or shoelaces
• Missing teeth on the escalator track – could cause entrapment between steps
• Missing or loose parts – causing injury.

Children run a greater risk of injury as the handrail is often out of reach. Fall accidents are by far the most common accidents to occur on an escalator.

Some of the most common injuries caused on escalators

• Fractured bones
• Cuts, grazes and bruises
• Back or knee injuries
• Head injuries

If you injure yourself on an escalator you should report it to the manager on duty. If you can take pictures of the area and the cause of the accident you should. File an accident report and seek medical attention.

Establishing Liability in Elevator and Escalator Accidents

Property owners must ensure that facilities such as elevators and escalators are safe for use by visitors to their premises. The law places upon them a burden of care based on what is held leagally reasonable in the circumstances.

Property owners have a duty to regularly inspect elevators and escalators. If the inspectors find any problems, the property owner must ensure that licenced repairmen make the required adjustments and repairs to the equipment.

Where an injury occurs due to an accident in an elevator or an escalator, it is not only the owner who faces potential liability. There are also others who may carry responsibility. These include;

• Inspection companies – if they have performed an inadequate inspection or approved an elevator or escalator that is unsafe.
• Maintenance subcontractors – responsible for shoddy repair work.
• Equipment manufacturers – where parts or equipment are defective.

It is not always easy to establish liability in elevator and escalator accidents. To avoid paying compensation, responsible parties may claim that the accident is the result of your own negligence or the negligence of other users of the facilities.

If you’re suing the owner or landlord, you’ll have to prove that the defendant was negligent in the upkeep of the elevator or escalator and that the negligence was the cause of the injury.

A personal injury attorney can help you to gather the information that you’ll need to prove your case. This might include

• Camera footage
• Incident and accident reports
• All documentation pertaining to inspection, repairs and maintenance of the equipment in question.