In New York City, escalators are almost as common as stairways. We use them in airports, subway and train stations, malls, department stores, shopping areas, and other privately and publicly owned buildings. When a person is seriously injured or killed in an elevator or escalator accident, it is important to fully examine the factors that led to it and determine if the accident was the result of defective maintenance or design.
There are a number of parties who may be held liable for injuries or deaths caused by escalator accidents. If you have been injured in an escalator accident or if you have lost a loved one in an escalator accident, you may be able to file a personal injury lawsuit against several responsible parties and seek compensation for your losses.
Parties You May Hold Accountable
Escalator accidents are often caused by defects in manufacturing, design or maintenance. For example, when there are missing teeth in the tracks, unsecure or missing screws, broken steps or too much space between the sides and steps, a dangerous condition may be created for those using the escalator. Such victims often suffer potentially life-changing injuries ranging from traumatic brain injuries and spinal cord trauma leading to paralysis to broken bones and limb amputations.
Here are some of the parties that may be held potentially liable for escalator accidents:
Property owner: The individual or entity who owns the building/property has a duty to make sure they inspect the escalator for problems or defects and repair them in a timely fashion. When a property owner fails to do so, they may be held liable for any escalator accidents that occur.
Property manager: When property managers allow hazardous conditions to exist on their property and fail to repair them and/or warn visitors, guests or tenants about those dangers, they can be held liable for any injuries that occur. The same applies to escalators that are not repaired or maintained routinely and end up causing injuries.
Manufacturer: When an escalator accident is caused by inherent manufacturing defects in the escalator and other components of the escalator, the manufacturer of the escalator or the manufacturer of the defective parts may be held liable.
Designer: If the company that designed the escalator was negligent (careless) and designed a dangerous escalator, which caused the accident and injuries, you may be able to file a lawsuit against the designer as well.
Maintenance company: Property owners and property managers typically contract a third-party to service and maintain escalators. When these companies fail to do their jobs properly and an escalator accident occurs, the maintenance company can also be held liable.
Escalator installer: If the company that installed the escalator failed to install it correctly and if the accident occurred as a result of such negligence (carelessness), the escalator installer may be held accountable for your accident and injuries.
A victim injured in an escalator accident may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, cost of hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. A family who has lost a loved one in an escalator accident may be able to file a wrongful death lawsuit seeking compensation as well.
Contacting an Experienced Lawyer
If you or a loved one has been injured in an escalator or elevator accident or suffered injuries as a result of negligence (carelessness) on the part of property owners and/or property managers etc., the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. In an interview by the Canadian television station Global News after a fatal escalator accident in Montreal, Mr. Kenneth A. Wilhelm stated that the installation of emergency stop buttons that are easily located and run the entire length of the escalator stairs may go a long way in preventing escalator accident injuries and fatalities. Our law firm helped a client secure $1,750,000 in a case where she suffered an ankle injury requiring surgery when the elevator she was in fell four floors due to negligence (carelessness) on the part of the elevator maintenance company. In addition, we got the workers’ compensation insurance company to pay a $150,000 lump sum for future medical benefits. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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