Escalator Accident Attorney’s observation:

Escalators are safe, convenient and useful. However, how true does this observation go? Well, viewing its import in our busy lives, the observation has vestige of truthfulness, making it indeed believable. Nevertheless, viewing it on the aspect of accident involvement, one can say the contrary, that is, it is not so safe, or convenient or has no import at all.

According to the report of the Consumer Product Safety Commission (CPSC), over 17,000 people are injured and about 30 die annually in the United States from elevators and escalators. The CPSC reported that majority of escalator injuries involved children. The common causes of these injuries are escalator entrapment and falls.

There are several safety measures waged by manufacturers, maintenance providers and owners of escalators to prevent such tragic injuries. Common measures include the consistent use of proper warnings, proper posting of pictogram and provisioning of warning stripes, all intended for safety of the riding public.

With all the massive campaign addressing safety concerns of escalators and elevators, less attention was given to the legal protection of the riding public. Helpless victims are wanting for legal knowledge in reference to their pursuit for compensation of their injuries.

Victims are uncertain in many things, like who will they sue (will they go after the manufacturer, the owner of the establishments, the operator or the maintenance department), what particular causes of action can they take, in what court and other legal concerns.

Many of the victims of escalator accidents have not obtained compensation or have received less of what they truly deserved. Hence, it would be worthwhile to shed light on this matter, thus:

Escalator Accident Attorney’s Legal Lights:

Foremost from the queries on hand is, who is the party to be considered liable in an escalator accident and what causes of action can be had against the erring party?

In general, the primary liability is said to fall on the building owners, whom, using utmost diligence, have the responsibility in securing the safety of the escalator installed in its establishment or premises.

Escalator-related accident is ascribe to the fault or negligence of the building owners and managers since it is their responsibility to make sure that their escalators are always safe, well-maintained for use by tenants, employees and visitors alike. The proper cause of action to be pursued with this involvement is personal injury claim.

In some other cases, where the escalator may be defective in 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, an escalator is considered as a product. The cause of action in this particular kind is product liability claim.

Still in another scope, where there exist a maintenance agreement between the building owner and an independent services provider, a suit against the service personnel may be pursued where they fail to maintain the escalator causing it to malfunction. Personal injury claim will be the cause of action in this respect.

Deciding whom to sue is all too hard and technical. To be wise it is recommended that you immediately contact an escalator accident attorney in your area after your accident.