Escalator Accident Information

Information about Escalator Accidents, including an overview of the causes of Escalator Accidents, information about Product Liability Law as it pertains to Escalator Accidents, a guide to determining fault, and information on the statute of limitations.

Understanding Escalator Accidents · Escalator Accident Causes · Product Liability Law · Determining Liability · Statute of Limitations

Understanding Escalator Accidents

Escalators are commonly used by people of all ages in department stores, government buildings, entertainment venues, office buildings, airports, subways, and many other public places. Those who ride escalators rarely think twice about doing so and may not be aware of the risk posed by escalator accidents. However, although they are not as common as other types of accidents, escalator accidents do happen and they can cause serious harm to the unfortunate victims. The diverse number of places escalators appear exposes virtually every demographic of the human race to the dangers of an escalator accident. Escalators present a particular threat due to their powerful motors and the "pinch point" where the moving stairway enters the recess area. Many escalator accidents are caused by improper installation and neglected inspections. Escalator steps may become loose, allowing clothing, fingers, and toes to get caught in the teeth. In other instances, a defective product may be the cause of a tragic escalator accident. Escalator accidents can result in a wide range of injuries, including lacerations to the leg or hand, amputations, and avulsions.

Escalator Accident Causes

Injuries can be caused by escalators and moving walkways under the following circumstances:

They suddenly stop Surfaces are wet causing a slip and fall accident Clothing, hair, or shoes are caught in escalator steps or side wall Limbs are trapped between closing steps There are missing steps in the escalator Escalator lacks safety features, such as an emergency stop button Unsafe building specifications of escalator Mechanical malfunction in movement and speed of escalator

Product Liability Law

Escalators and elevators that carry inadequate warnings and are defectively designed or manufactured can cause serious life-altering injuries unsuspecting users. In cases where the escalator accident is caused by a defect in the escalator's design or in its manufacture, a product liability claim can be pursued against the manufacturer or producer of the escalator. For purposes of this type of claim, the escalator is considered a product and product liability laws are applied to the case. Manufacturers are responsible for making sure that the products that they produce are safe for use. If a person riding an escalator suffers injury because the escalator or a related product manufactured by a company is dangerous or defective, the injured party may have grounds to file a products liability claim or lawsuit and recover compensation for medical bills, lost wages, and other damages.

Determining Liability

Escalator accidents are commonly caused by improper escalator installation and neglected inspections. If you have suffered an escalator injury due to the negligence of another, you should not be held responsible for the costs of your recovery and loss of wages. In many escalator accident cases, the building owners and managers can be held liable since it is their responsibility to ensure that all escalators are properly maintained and always safe for use by tenants, employees, and visitors. Any fault or negligence by other persons, such as the passengers, will be considered contributory. The primary liability usually falls on the building owners who should have practiced the utmost diligence in securing the safety of the escalator installed in its establishment or premises. These are known as premises liability claims. If it can be proven that a defect in the escalator accident was the cause of injury, a product liability claim can be pursued. Determining liability in an escalator accident case can be a challenging and complex process. An experienced escalator accident attorney will have the knowledge and resources to handle this task sucessfully.

Statute of Limitations

The statute of limitations is the time limit in which you must file an escalator accident lawsuit. The statute of limitations for escalator accidents varies from state to state. If you do not file your escalator accident lawsuit within the statute of limitations, you lose your right to recover compensation for injuries and damages. Becuase each state has its own laws regarding statutes of limitations, it is important that you contact an escalator accident lawyer to discuss your claim as soon as possible following tha accident. In addition, some statutes of limitations for escalator accident can be quite complex, and it is best to seek legal counsel so that you can fully understand your legal rights and options.



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Thursday, February 9, 2012
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