Recovering for Escalator Injuries

 Posted on November 05, 2018 in Personal Injury

Escalators are a ubiquitous part of today’s life. From allowing people to get quickly and efficiently to train platforms, to traversing the various levels of airports, in many cases, escalators have replaced stairs as the preferred method of traveling between levels. However, escalators are mechanical machines with many moving parts, and, in some case, these parts do not stop moving merely because a human part gets in the way. Further, children sometimes look at escalators as a type of amusement park attraction and will attempt to “ride” the escalator, increasing the risk of an injury. When escalator accidents do happen, retaining the services of an experienced personal injury attorney can be the difference in collecting reimbursement for injuries or being forced to pay out of pocket.

Recently, a Pawtucket, Rhode Island man was killed after falling off an escalator in a mall. A witness told a news crew on the scene that the man was initially “clowning around,” riding on the rail of the escalator, and fell off, hitting his head and suffering severe head trauma.

Negligence

The legal theory for these types of injuries is negligence. To succeed in such a case, a plaintiff must prove the following elements:

• That the defendant had a duty to protect the plaintiff against harm (oftentimes known as performing according to a standard of care, a standard which is dependent upon the classification of the plaintiff – invitee, licensee, or trespasser);
• That the defendant failed in their duty to protect the plaintiff;
• That the plaintiff suffered an injury directly attributable to the defendant’s failure; and
• That the injury suffered by the plaintiff led to compensable damages.

Further, in Illinois, the theory of contributory negligence says that if the plaintiff is found to bear some degree of responsibility for the accident, any financial award would be adjusted accordingly. Thus, as an example, if the plaintiff is deemed to be 25% at fault, and the total amount awarded by a jury was $1,000,000, then the plaintiff would only receive $750,000, which represents a reduction of 25% of the award. Further, Illinois follows a modified contributory negligence rule, meaning that if the plaintiff is deemed to be 50% at fault or greater than he/she will be barred from recovering any money for the injury.

Common Escalator Accidents

Most escalator accidents not directly attributable to careless acts by the rider are caused by the following common defects:

• Entrapment of an individual’s foot or other body part, especially those situations in which the individual is wearing soft shoes or has long hair;
• Improper installation of the escalator, including missing and/or loose parts;
• Inadequate, irregular or improper maintenance; and
• Sudden stops.

In addition, as alluded to above, escalators are a source of intrigue for children. Consequently, escalator accidents oftentimes will involve children, who are not yet old enough to understand their dangers. Children are typically injured in entrapment issues because they stand very close to the escalator side panels as they try to hold onto the railing. Not only their footwear but, sometimes, their hands and feet can get trapped in the escalator’s moving parts.

Contact a Lombard Escalator Injury Lawyer

If you were injured due to an escalator accident, and you believe the elevator operator or property owner is at fault, you or your loved one should not have to shoulder the cost of recovery alone. Contact an attorney experienced in such accidents as soon as possible. The dedicated DuPage County personal injury attorneys at Mevorah & Giglio Law Offices understand the pain you are experiencing and will use our expertise in handling escalator accidents to formulate a strategy which can help get you or your loved one the compensation you or they deserve. Contact our Lombard office today at 630-932-9100 for a free consultation.

Source:

https://www.wpri.com/news/local-news/providence/man-dies-after-falling-off-escalator-at-providence-place-mall/1205599899