Know Your Rights – Elevator and Escalator Accidents

Know Your Rights – Elevator and Escalator Accidents

DID YOU KNOW that if you are injured as a result of a defective elevator or escalator on someone else’s property, the owner or party in control of the premises could be held liable for your injuries and damages?  In addition, an outside company hired to inspect, maintain and repair the elevator/escalator may also be responsible.  People use elevators and escalators on a daily basis to get to their home, office, or other multi-story buildings.  Generally, we do so without giving it a second thought.  However, elevators and escalators are complicated mechanical devices and require regular maintenance to operate in a safe manner.  

When elevators and escalators do not work as intended, the result can be severe and permanent personal injuries.  Elevator accidents can happen when they drop without warning, doors open when the cab is not level with the floor outside of it, or when doors open to the shaft allowing someone to fall in.  Additionally, improper panel wiring can result in electrocution.  Common escalator accidents include step entrapment, handrail entrapment, broken steps, or sudden movements/stops causing falls.  

Elevators and escalators are commonly installed and used for decades.  In order for them to remain safe, they must be regularly inspected and maintained.  Often, property owners/managers will enter into an agreement with an outside company for these services.  Any of these parties may be responsible for injuries that occur as a result of an elevator or escalator malfunction.

Contacting an attorney as soon as possible allows a thorough investigation to be completed before crucial evidence is lost or destroyed.  This includes surveillance video, incident reports, maintenance/inspection contracts, service reports, and inspection records.  Additionally, an attorney can obtain access to the elevator/escalator so as to have it inspected by an expert before any repairs are carried out and proof of the defect is no longer available.  

Another reason why fast action is required is if the elevator or escalator is located within a property owned or managed by a municipality or its agencies.  Under such circumstances, a Notice of Claim must be served within ninety days of the incident, and the failure to do so could result in you forever forfeiting your right to receive compensation.

Sanocki Newman & Turret, LLP has been successful in handling elevator/escalator accident cases, as well as other premises liability cases, and have recovered fair and just compensation for injured clients.  If you or a loved one has sustained injury as a result of a dangerous condition on someone else’s property, please call Sanocki Newman & Turret, LLP for a free consultation to see if you are entitled to compensation.