Escalators are a common fixture in virtually every multistory office, shopping mall, and retail outlet in this country and yet few people appreciate the danger escalators pose until an injury occurs. Like elevators, escalators are subject to strict laws concerning their safety, maintenance, and upkeep. There are approximately 33,000 elevators operating in the USA. While there are less escalators than elevators, there are about 15 times more people hurt on escalators than elevators. The most common kind of accident on escalator occurs when someone falls on or over an escalator.
The second most common kind of injury occurs because of entrapment, meaning someone gets sucked into the escalator.
There are two different kinds of falls that are most commonly reported with escalators. The first happens when the person falls on the escalator while it’s moving. The second is when the person falls over the handrail. Sometimes people are too blame for this because they jump to another level or they do not use the escalator properly.
Children and the elderly were the two age groups who suffered both the most number of accidents and the most serious injuries. Some incidents on escalators were so serious they resulted in death.
The most common errors with escalators are when they start or stop very suddenly, often without warning or cause, or when there is not the proper kind of maintenance, inspection, maintenance, or when there are loose parts from the normal wear and tear associated with an aging piece of equipment.Washington State Escalator Laws
WAC 296-96-00500 is the Washington State law that speaks to the safety of escalators in the state. This law calls for the safe design, installation, mechanical and electrical operation, maintenance, examinations, safety tests and inspection of conveyances, and the performance of conveyance work. It is important that tests are done at least annually on the safety and soundness of the escalator.
Legally, business owners have a duty to make sure their premises are safe from known dangers. Further, if they reasonably could have known that their premises would be dangerous, then they have a duty to make sure that the premises are safe.
This means, again, that they may have to go out and spend money to make sure their escalators are safe. In order to prevail on an escalator injury case, you must show the landowner had a duty to keep their property safe, they breached their duty in some way to you, and that you were injured because of the breach in that duty.
This may or may not be easy to do in an escalator injury case. You may have to do a great deal of work, if you do not hire a lawyer, to prove that the escalator was not safe. In many cases, this will include hiring the right expert or experts to prove your case. The right expert on a case can make or break it. There are experts across the nation who are experienced in identifying how businesses can make their premises safe.Common Escalator Injuries
The most common injuries from escalator accidents are:
- Broken bones
- Soft tissue injuries
While rare, there are occasional deaths associated with escalator accidents. If you have been injured in an escalator accident, you should seek immediate medical care to the affected part of your body and follow your doctor’s advice.How The Jackman Law Firm Help
You have been injured by an escalator, you may have a claim against them to recoup compensation for your injuries. The Jackman Law Firm has the expertise to effectively represent you with the insurance company, in arbitration and if necessary in court to secure your rights for compensation and relief. After your injury, you are understandably upset and likely unsure of your options and which way to with your case. You are likely receiving a lot of phone calls from insurance companies, you’re going to the doctor or the chiropractor, and you may be missing work.
If this is the case, do not go through this process alone. We can help you every step of the way. We can work with the insurance companies so they do not contact you. We can help you secure all of the compensation you are owed for your injury under Washington State Law. The Jackman Law Firm can help you recover the following:
- Money for pain and suffering
- Money for lost wages
- Money for out of pocket expenses
- Money for medical bills
We have the resources, experience, and successful track record to win your case. There may be instances when you find yourself having to defend yourself from untrue accusations from the insurance company for the party that injured you. They may claim that you are somehow either entirely at fault or partly at fault for your injuries.
For instance, if you suffered a spinal cord injury because of an escalator injury, the insurance company for the business may argue that you should have avoided the escalator. If this is the case, the Jackman Law Firm can help you by sending a subpoena for documents from the company, interviewing key witnesses, and speaking to the police to see if we can do everything possible to prove your case in your favor.
Feel free to call for a free consultation.