Escalator Accidents

What Should You Do If You Are Injured on an Escalator?

Rightful Legal can help you if you are injured on an Escalator in Massachusetts. You can call or text us at 617-821-5856. Here are the first things you should do after an accident.

Injured on an Escalator What To Do Next

The first thing you should do after being injured on an escalator is seek medical attention. If needed, call (or have someone else call) 911 for an ambulance or to make a police report. Make sure you get the assistance you need and do your best to document everything that occurs. If you can, take photos of the location, keep track of any witnesses and their contact information, and make note of any nearby cameras that may have captured the incident. (Many times, if you are riding on an escalator, you’ll likely be someplace with surveillance coverage, such as a shopping mall or airport.)

Remember to:

• Get medical assistance; if you or someone you are with is physically able, also do the following:
• Report the claim to the Property Owner
• Take Pictures of what caused the injury
• Try to Preserve as much of what caused the injury as possible through photographic or video evidence.

What Kind of Legal Claim Would You Have If You Are Hurt on an Escalator?

This type of incident might be a premise liability case, and it could also be a case of negligence or product liability, too. By following the steps outlined below, and hiring a knowledgeable Massachusetts personal injury attorney, you can be compensated for your injuries.

Massachusetts law has regulations for the care and maintenance of all escalators. For one, escalators comply with certain construction and installation requirements, and they must be regularly inspected and maintained for functionality and safety. Property owners are required to keep records of all inspections and work done to their escalators. Additionally, manufacturers must comply with certain standards and specifications when they design and manufacture escalators, as well. The type of injury and what it was about the escalator that caused it will help your attorney determine who is liable.

Common injuries on escalators:

• Falling from the escalator (could have been caused by defective design or installation; such as insufficient or defective guardrails, defective motion belts, improper or negligent maintenance, failing to conduct routine inspections)
• Getting trapped in the moving parts of an escalator (this could include clothing or some other personal garment getting stuck and causing you to fall or become injured, or it could be that a body part was trapped; this could have been due to a lack of automatic shut off or other safety feature malfunctioning, or due to some other design or installation defect)
• Falling while on the escalator (due to sudden stops or change of direction or speed of the moving parts; could also be caused by defective design of the steps, or the metal teeth on the steps, called comb plates, or the guardrails)

There are numerous potential injuries that can occur as a result of improper speed, defective design, or faulty installation or maintenance. Anything from bruises, scratches or lacerations, head injuries, broken bones, or internal bleeding can certainly occur depending on the nature of the incident. Keep in mind that no injury is too small; if an escalator caused harm to one person, it is very likely that it will cause harm to others if something is not done.

As soon as possible after an injury, find out who owns the property where the escalator was. This might be easier in a hotel or airport, but if you are outside somewhere, or inside a shopping mall, you might have a harder time. Of course, your attorney can help with this. Make sure you follow up with any recommended medical care and keep documentation of all your treatments and out of pocket expenses. If there is a known insurance company covering the escalator, take note of this and provide it to your attorney before you file a claim.

Property owners, the city where the escalator was located, maintenance companies, or other governmental agencies are all potentially liable. Depending on what went wrong to cause your injuries, the manufacturer may also be liable. You might want to notify the Massachusetts Office of Public Safety about the incident; this will allow them to investigate and any reports through them could potentially help your case against the responsible party. It will also force the owner or operator of the escalator to fix the problem and prevent further injury to others.

Escalators are incredibly helpful and important to an inclusive and accessible society, but only when they are properly constructed and maintained. Being injured while riding on one can be a traumatic and painful experience, but following this guidance will offer you the best possible chance to receive compensation for what you’ve gone through.

Call or Text a Lawyer at Rightful Legal to get help with your claim at 617-821-5856.