Escalators are a convenient way to move between floors in many businesses. But, when these machines malfunction or are not properly taken care of they can become very dangerous and lead to serious injuries.
If you or a loved one has been injured in an escalator accident, you need to understand the legal steps you need to take to get the compensation you deserve. A personal injury lawyer can guide you through the process and ensure you know your rights if you’ve had an escalator injury.
Immediate Steps After an Escalator Accident
If you are injured by an escalator never admit fault. Never brush off the injury, say it was your fault, or say you’re not hurt. You don’t know at that point if you’re hurt or not. Don’t be embarrassed because it wasn’t your fault. Immediately take these steps if you are injured by an escalator:
Seek Medical Attention
You must have proof that you sought medical attention. Calling for medical attention or going immediately to the emergency room creates a document trail of the incident and your injury. Even if you think you are not seriously injured get medical treatment.
Document Your Injuries
Keep all medical documentation that shows your injuries, including test results and imaging like X-rays or an MRI scan.
Report The Incident
After you have gotten medical attention report the incident to the manager of the place where you were injured. Make sure they write an incident report and that you get a copy of that report.
Gather Evidence
Use your phone to get photos and videos of the scene of the incident. Make sure you get photos from multiple angles. If there were witnesses get their names and witness statements.
Common Causes of Escalator Injuries
Escalators malfunction more often than people think. The most common reasons why escalators malfunction are:
- Mechanical failures and malfunctions
- Inadequate maintenance and inspections
- Overcrowding and misuse
- Spills, debris caught in the mechanicals, dust
Types of Injuries
The most common types of injuries that happen in an escalator incident are:
- Cuts, abrasions, and bruises
- Fractures and broken bones
- Head injuries and concussions
- Entanglement injuries and amputations
Determining Fault
When you file a claim for personal injury because of an escalator injury a judge will determine liability. Liability is who is at fault for the incident. It could be the owner's responsibility for maintenance and safety. Or, the manufacturer of the escalator could be liable for mechanical defects. Multiple parties can be found at fault for an injury caused by an escalator.
In order to prove negligence and get compensated for your injury it’s necessary to establish that the building owner had a duty of care to make sure the elevator was safe to use and that they breached that duty which caused your injury. If you can do that you could receive money for lost wages, pain and suffering, and any medical costs you incur because of the injury.
Proving liability can be difficult for someone with no experience in personal injury. It’s strongly recommended that you talk with a personal injury lawyer to get help with your personal injury claim.
Contact a Personal Injury Attorney Today
If you work with a personal injury attorney you can focus on your recovery while your attorney helps to build the case for your claim. A personal injury attorney can advocate for you, advise you, and argue your case in front of a judge.
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