Escalators may be convenient, but they can also cause serious accidents—ranging from broken bones to severe injuries, and in some cases, fatalities. When an escalator accident occurs, it may be unclear exactly which parties are liable. That’s why it’s critical to speak with an experienced personal injury attorney. This article outlines who may be held liable for escalator-related injuries in Illinois and what victims need to know about their legal options.
Some defects associated with escalators include the following:
Some of the most common types of accidents that occur on escalators include:
These are some of the most common causes of escalator accidents and can lead to serious consequences depending on which body parts are affected.
Escalator accidents can result in a wide range of injuries, some of which are catastrophic or even life-altering. Among the most common causes of escalator injuries are sudden stops, entrapment of clothing or limbs, and mechanical failure. These incidents often lead to injuries affecting critical body parts, such as hands, feet, and legs.
Victims may suffer from cuts, sprains, fractures, or more severe outcomes such as head injuries or even amputations.
In serious cases, victims face extensive medical expenses, time away from work resulting in lost wages, and long-term rehabilitation. That’s why it’s essential to seek prompt medical attention and speak with an experienced attorney who can help you evaluate your legal options.
Determining liability in an elevator accident or escalator incident often requires analyzing the roles of various responsible parties, including manufacturers, maintenance companies, and property owners. If you are involved in an escalator accident, the following parties may be held liable for any resulting injuries you suffer:
The escalator manufacturer: The manufacturers of an escalator (or the individual parts of an escalator) can be liable for accidents involving defective parts. In some product liability cases, a manufacturing defect in the design or construction of the escalator may be to blame.
The escalator maintenance company: Some property owners hire escalator maintenance contractors to perform routine maintenance and repair any problems with the escalator that may arise. When there are injuries resulting from an escalator malfunction, the contractor is usually subject to liability.
Property management companies: Many properties large enough to have an escalator, especially commercial properties, are managed by a professional property manager. This property manager usually has someone onsite who is responsible for scheduling the maintenance and repairs of an escalator in the building and for inspecting the property. As the onsite representative of the actual property owners, the property managers are responsible for ensuring the safe condition of the property, which includes any escalators located on the property.
The property owners: Under the law in Illinois, owners of buildings that have escalators in them are considered common carriers to escalator passengers. This means that these property owners are required to exercise the highest degree of care for the safety of any passengers using the escalator. This in turn means that these owners must ensure that the escalator is in safe operating condition and also that they must conduct regular inspections of the escalator in order to alert the escalator maintenance contractor. Escalators are common in shopping malls, subway stations, and similar locations, so those owners are responsible for maintaining a safe environment for visitors.
Examples of negligence on the part of a manufacturer, escalator maintenance company, or property owner might include some of the following:
In many cases, failure to meet safety standards can lead to dangerous escalator conditions that result in serious injuries or even amputations.
In order to prove that a property owner is liable for the injuries you suffered while using an escalator on the property, you will need to show proof of the following elements:
In order to prove that an escalator manufacturer is liable for the injuries you suffered, you will need to prove the following:
Sometimes, it is difficult to determine with certainty that a property owner was negligent in the ownership, maintenance, or control of the escalator machinery. However, the legal doctrine of res ipsa loquitur allows a plaintiff to assess liability even if the plaintiff cannot specifically pinpoint how the owner was negligent.
“Res ipsa loquitur” translates to “the thing speaks for itself.” This doctrine is essentially used in situations in which it is more than likely true that the defendant was negligent in some relevant way, which resulted in your injuries, and that as such, they should be held liable for those injuries. When this doctrine is used, it allows the court to infer negligence where it cannot be specifically proven by the plaintiff. For example, in an escalator injury case, it may be near impossible for the plaintiff to determine what specific escalator defect caused her injuries or at what point the defect existed. However, the escalator suddenly stopping and lurching her forward would likely be sufficient evidence to establish negligence on the part of the manufacturer, maintenance company, or property owner.
In order to establish res ipsa loquitur, you must show proof of the following elements:
If the plaintiff is able to prove all three of these elements, the legal burden then shifts to the defendant to prove that they were not negligent.
Negligence per se is a legal doctrine based on negligence which is typically applied when a defendant engages in conduct that also happens to be a violation of a law (for example, a criminal statute, ordinance, or administrative order) and which causes harm to a plaintiff. Because violating the law is inherently considered negligent behavior, the fact that the defendant violated the law provides an inference that they breached the duty owed to the plaintiff.
An example of this would be a property owner who violated a building code/regulation which requires escalators to be serviced every 10 years. If the defendant knew of this statute and purposely violated it, this violation alone is sufficient to show that he breached his duty to the plaintiff (the duty to provide a functioning escalator). Note, however, that the doctrine of negligence per se does not automatically prove that the defendant was negligent; the plaintiff still must show that the defendant’s actions directly caused their injury.
To prove negligence per se, the plaintiff must establish the following elements:
Escalator accidents cannot always be avoided but there are some tips you can take to try to maintain your safety while using an escalator. These tips include the following:
Were You Recently Injured in an Escalator Accident?
Contact a Personal Injury Lawyer If you or a loved one were recently injured in an escalator accident and are interested in filing a personal injury claim, the Palermo Law Group wants to help you hold the liable parties accountable. Our Oak Brook personal injury law firm consists of knowledgeable attorneys with over 20 years of experience litigating premises liability cases and other personal injury cases. We will defend your legal rights and do our best to ensure that you receive fair compensation for your injuries and any other damages.
For a free consultation contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/ to begin your attorney-client relationship with a trusted legal team. We are here to provide reliable legal advice and help you explore your legal options.