2008 Premises Liability
N/AOUTCOME: $275,000 Settlement
Raquel P. was an 80 year old woman who was shopping at a local outdoor shopping mall in Los Angeles. She arrived at the mall with her husband. She was dropped off in a covered parking garage at groun ... d level. She used the “up” escalator to shop at a drug store on the upper level. After shopping, she returned to the top of the escalator bank and discovered that the “down” escalator was not operating. Ms. P. the began walking down the “out of service” “down” escalator and essentially using it as a staircase. She was holding onto the sidebar rail. When she reached approximately 2/3 of the way down, she became disoriented, overstepped, missed a step, and fell, which ultimately resulted in her fracturing one of her knees. This required surgeries and hospitalizations. Ms. P. presented a claim against the property owners and management company based on their negligence in creating a dangerous condition, in allowing it to exist, and in failing to warn of it, or otherwise block off the “out of service” “down” escalator. The property owners and management company denied Ms. P.’s claim and refused to compensate her for her medical bills and for her pain and suffering. Raquel P. hired the Law Offices of Gerald L. Marcus. We aggressively investigated her accident claim and discovered that the escalator was defective and that the property owners and management company knew that it was defective. Specifically, this was an outdoor uncovered escalator bank. Whenever it rained, the “down” escalator would shut off, creating an “out of service,” or “out of operation,” situation. There had been at least 12 service/maintenance calls due to the subject “down” escalator shutting down as a result of rain water getting into the mechanics of the escalator within a 45 day period prior to the date of Ms. P.’s accident. It had been recommended by the escalator manufacturing and maintenance company, as well as the industry standard for the property owners and management company, to “take the out of service escalator” out of service by barricading it off, blocking it off, placing caution cones, warning signs, or caution tape, so as to prevent foreseeable patrons from using the “out of service” “down” escalator as a fixed staircase. Upon presentation of the claim through the Law Offices of Gerald L. Marcus, the property owners and management company and escalator manufacturing and maintenance company continued to deny the claim. We retained the services of the leading authority expert in escalator manufacturing, design, maintenance, safety, and accident prevention. We conducted extensive litigation and discovery which included multiple depositions and other forms of written discovery. Ultimately, it was determined that the Defendants were, in fact, negligent in creating an unreasonably dangerous condition in allowing it to exist and in failing to warn foreseeable patrons of the condition by instructing them not to use the out of service escalator as a fixed staircase, as an escalator is not a staircase, and does not comply with building and safety codes or standards, and is of different dimensions and size. As such, we succeeded in convincing the Defendants to attend a private mediation. Ultimately, we successfully negotiated a settlement of Raquel P.’s injury claim for $275,000.00.