Escalator injury lawsuit
Types of claims that can be made in an escalator injury lawsuitThere are different types of claims that can be made in an escalator injury lawsuit, depending on the circumstances of the escalator accident. An escalator accident lawsuit may be brought under negligence, strict liability, and failure to warn. The most common type of claim in cases in which a body part got caught in an escalator is for negligence.
Highlights of some of the unique aspects of liability in Escalator injuresaccording to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, each year 30 people are killed and 17,000 are injured in incidents involving elevators and escalators. Here are highlights of some of the unique aspects of liability claims which may arise from such incidents.
An elevator accident lawyer can determine the responsible parties through investigation and deposition.Third parties contracted by the elevator owner to service, inspect, and maintain the elevators are also often named as defendants when an elevator or escalator causes an injury.Escalators are used throughout Las Vegas in hotels, casinos, malls, commercial buildings and other structures. Whether at a retail store, a mall, or an airport, it is convenient and most visitors to any property that has an escalator use them without considering the danger they may be encountering when the escalator has not been properly maintained. Other parties can be found liable, depending on the circumstances, include the property owner, the property manager, the elevator/escalator manufacturer and the elevator/escalator maintenance company.
Escalator inspectionsEscalator injury victims are often confronted with the challenge of having access to insufficient information to determine the cause of an elevator or escalator malfunction. in an escalator case it is necessary to obtain all of the records relating to the device for at least three years before the accident including all records of any other accidents, all maintenance records and all records of any "callbacks". Nevada also performs governmental inspections of these devices. These records will revel wether the escalator has been properly maintained. A defect may have been discovered in the construction or manufacturing of the elevator/escalator, or one of its components. If so the manufacturer of the elevator/escalator may be held responsible. If it was neglected the operator may also be responsible
What Duty Of Care Is Owed To Users Of An Escalator?In Nevada, it is well established that commercial operators of elevators and escalators are "carriers of persons for reward." This means that elevators and escalators are "common carriers." As a common carrier, the owner and/or operator of an elevator or escalator has a higher standard of safety and care,
Elevator and Escalator Injury Cases Are Complex and involve many causesUsually, escalator injures occur when part of a victims body, clothing, or package gets caught in the escalator. Other factors contributing to injury often include:
Improper elevator/escalator design or design defect
Failure to maintain or inspect elevator/escalator
Failure to warn that elevator/escalator was not working properly
Failure to maintain or inspect component parts of elevator/escalator
Failure to follow building codes
Failure to follow elevator/escalator laws and regulations
Negligence or lack of proper maintenance of escalatorsNegligence or lack of proper maintenance of escalators are contributing factors in most escalator injures. Usually, the system fails due to a faulty part or manufacturing error or the maintenance of the escalator has not been done improperly.Commercial and public facilities have a responsibility to provide a safe environment for the people who use them.
Hand and foot injuries escalator accidentsHand and foot injuries are the most common escalator accident injuries, but there have been head trauma and knee injuries. Amputations, such as a fingertip amputation,The data from these injuries reveals that the most common types of injuries are entrapment injuries and falls.Studies and statistics show that many of the victims are children who are simply the correct height to be more susceptible to injury or their fingers are the right size to slip into dangerous gaps in escalators.
Escalator Committee established a standard for escalators.The American Society of Mechanical Engineers (ASME) and the American National Standards Institute (ANSI) Escalator Committee established a standard for escalators. The Consumer Product Safety Commission (CPSC) communicated that standard to the public in the mid 1990's, and the ASME/ANSI standard states that each escalator step should have "painted foot prints" or "brightly colored borders". However, look carefully at the next escalator you ride - most are not painted.
Human Factors Assessment" for a pending petition on escalator safety.In November 2000, Timothy P. Smith, Engineering Psychologist for the Human Factors Division of the Consumer Product Safety Commission (CPSC), issued a "Human Factors Assessment" for a pending petition on escalator safety. Escalators and elevators that carry inadequate warnings, are defectively designed
Children who are younger than 5 years had the highest estimated number of injuriesChildren who are younger than 5 years had the highest estimated number of injuries (12000), as well as the highest annual escalator-related injury rate (4.8 per 100000). The most common mechanism of injury for all age groups was a fall, accounting for 13000 (51.0%) injuries. Entrapment accounted for 29.3% of all injuries and 36.5% of injuries among children who were younger than 5 years. Six percent (723) of injuries to children who were younger than 5 years involved a stroller, with most injuries occurring when a child fell out of the stroller while on the escalator. The most common body part injured for all ages was the leg, accounting for 27.7% of all injuries. Among children who were younger than 5 years, the hand was the most common injury site (40.6%), with hand injuries frequently occurring as a result of entrapment (72.4%). A laceration was the most common type of injury, accounting for 47.4% of escalator-related injuries. Amputations and avulsions were uncommon; however, 71.4
Escalator designsEscalator designs that reduce the gap between the steps and sidewall or shield against access to the gap may decrease entrapment risk. Young children should be supervised properly and should not be transported in a stroller while riding on an escalator.
Escalators present big risks for falling, with a heightened risk for children and seniors.Injuries not caused by the resins discribed above often occur due to misalignment of key components of elevators and escalators. Small gaps or uneven edges between and among the moving step and the floor often create serious risks of falling or other kinds of injury. Gaps, misalignment and non alignment of edges of escalator steps create a serious risk of entrapment of shoes, clothes, hands and feet. Escalators also present big risks for falling, with a heightened risk for children and seniors.
Additional resources provided by the author
- The Elevator Escalator Safety Foundation (EESF),
- Escalator Safety Services
- An Overview of Elevator and Escalator Liability
- Elevator and Escalator Accident Reconstruction and Litigation, Third Edition
- Common Carriers with a Heightened Duty
- Escalator-related injuries among children in the United States, 1990-2002
- Premises liability