You expect a smooth ride when stepping onto an escalator or into an elevator. Still, a sudden jolt or unexpected stop can cause severe injuries. Who is responsible for ensuring these everyday conveniences operate safely, and how can victims seek recourse?
Several parties may be responsible for an escalator/elevator accident
Escalator or elevator accidents can result from sudden stops, malfunctioning doors, uneven steps, poor maintenance, inadequate lighting or missing warning signs. When this happens, several parties may be at fault:
- The property owner or manager
- The manufacturer of the elevator or escalator
- The maintenance company
- The installation company
In general, the law expects property owners to keep their premises hazard-free for visitors. This includes ensuring that escalators and elevators function properly and meet safety standards. If someone gets hurt because the owner did not take proper care, the owner may be held responsible for those injuries.
Establishing liability is key in pursuing compensation
To determine who pays for damages, you need to establish liability. Consider these factors:
- The cause of the accident
- The maintenance history of the equipment
- Any known defects or issues
- Compliance with safety regulations
- The actions of the injured party
Proving liability may entitle you to compensation through a personal injury claim. This compensation can cover your medical expenses, lost wages due to days or weeks away from work and other damages.
But what if you were using your phone while stepping onto an escalator and fell? In such a situation, the comparative negligence rule comes into play. The court will reduce your compensation if they find you partly to blame for your injury, and the reduction will match the level of fault assigned to you.
Remember, your health and rights matter. Seeking legal help can help ensure that you receive the compensation you deserve and need to recover.