In the United States alone, people have access to around 35,000 escalators in malls, business offices, airports, and other buildings. Most of the time, riders step on and off escalators without incident. Occasionally, horrific accidents happen, including a 2015 case in China, where a mother fell into the collapsed panel at the top of a mall escalator. Moments before she fell into the shaft to her death, she pushed her small son to safety. When accidents happen, liability laws determine who faces financial responsibility for resulting injuries and deaths.
Escalator incidents occur under a variety of circumstances. The cause of the injury often helps investigators understand contributing factors and ultimate liability. Consider the potentially liable parties and common causes of escalator accidents:
Depending on the case and jurisdiction, the courts may impose strict liability on the owners and operators. Courts may use this stringent standard when they define escalators as a mode of public transportation. All so-called “common carriers” must adhere to an increased duty of care to ensure rider safety. In these cases, the plaintiff does not need to prove the defendant was negligent to recover. He or she must only prove the defendant was legally responsible for the incident.
Escalator incidents can lead to significant physical trauma. When preventable escalator incidents occur, they can change someone’s life in a second. Nobody expects their commute home, shopping trip, or airport terminal travel to result in a severe injury. For children, an accident can alter the future including income generating capabilities and quality of life. For adults, accidents can lead to time away from work, financial struggles, and more.
After an escalator-related injury, report the incident to the operator or manager on duty. File an accident report, and seek medical assistance. Keep as many records of the incident as possible, including pictures of the defect or video recordings of the incident. If you do not recover quickly and fully from the incident, consider speaking to an attorney about your legal options. A personal injury attorney can help you identify the liable parties in your case and pursue appropriate legal action.