Escalator and Elevator Injuries: What Can Be Claimed?
Elevators have been around since the Ancient Egyptians used them in their massive construction projects. Elisah Otis developed the braking system that made elevators safe for passengers in 1852. Four decades later, the escalator was patented and called the “inclined elevator,” which was more of a conveyor belt than a set of steps.
Since then, elevators and escalators have been a vital form of conveyance in many types of public spaces.
Because these are essentially mechanical devices, they require regular maintenance. Without that, the risk of failure increases, which can lead to accidents. If you’ve been injured on an escalator or elevator, you could be entitled to seek compensation for any financial losses.
To make that happen, you might need to retain the services of a skilled Jackson premises liability lawyer to help navigate the insurance claim process. If necessary, you might need to file a civil lawsuit against a property owner.
That is definitely a situation where you need an attorney acting as your advocate.
Common Causes of Elevator and Escalator Accidents
The genuine tragedy of an elevator or escalator accident is that they are often preventable.
When an accident occurs, it is due to unsafe conditions or defective components. The lack of adequate inspections can also be a factor. It is important to understand the root cause of the accident to assign liability.
Here are some of the common causes of these types of accidents:
- Sudden elevator drops or mis-leveling
- Doors closing too quickly or malfunctioning sensors
- Broken handrails on escalators
- Uneven or collapsing escalator steps
- Abrupt stops or jerking movements
- Electrical failures
- Overloading beyond weight limits
- Lack of routine maintenance
Any one of these factors can cause an escalator or elevator to fail.
Types of Injuries Sustained in Vertical Transport Accidents
A trip on an elevator or escalator involves movements, height, and heavy machinery. A fall on an escalator that suddenly stops or plummeting in an elevator whose brakes have failed can lead to the following types of catastrophic injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fractures
- Severe lacerations or crush injuries
- Torn ligaments and soft tissue damage
- Internal bleeding
- Psychological trauma, such as PTSD
Children and elderly individuals are especially vulnerable to falls on escalators. Some of these injuries can lead to long-term disability or disfigurement. That can significantly impact a person’s quality of life, and they should be compensated for that.
Determining Liability for Your Personal Injury Claim
When a mechanical failure occurs, the first step in an investigation is check the inspection record. That can reveal one of two potential liability issues. Either there was too much time between inspections, or the most recent inspection revealed a problem that wasn’t addressed.
This would fall under the legal doctrine known as premises liability, which holds owners accountable for unsafe conditions on their property that cause injury. That liability can fall on the property owner or the building manager. Liability can also be attributed to a third-party maintenance company, the elevator or escalator manufacturer, or a property management company.
Compensatory Damages You Can Recover in Mississippi
When liability can be established, victims of an elevator or escalator accident are entitled to recover compensatory damages that include the following:
- Emergency room visit
- Doctors follow up
- Hospital bills
- Surgical costs
- Physical therapy and rehabilitation
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
The Importance of Evidence in Your Injury Case
It’s hard to hide an escalator or elevator accident. They happen in public spaces and are rarely the fault of the victim. However, that doesn’t mean that proving liability will be easy. In order to substantiate your claim, you need supporting evidence, including these items:
- Surveillance footage
- Maintenance and inspection logs
- Incident reports
- Witness statements
- Photographs of the defect
- Expert engineering analysis
- Service contracts between owners and maintenance companies
A lot of this evidence might not be readily available to you. The investigators at Pittman, Roberts & Welsh, PLLC have years of experience tracking down evidence and providing support to our clients.
Why You Need an Experienced Personal Injury Attorney
Being involved in an elevator or escalator accident can be extremely traumatic. It can lead to painful injuries and an extended recovery period. All the while, your medical bills will be accumulating, and you’ll be missing out on work. That can add to the stress and impede your recovery.
The supportive attorneys at Pittman, Roberts & Welsh, PLLC understand the impact of these types of accidents.
We have years of experience guiding clients, starting with ensuring you file within Mississippi’s three-year statute of limitations. That might seem like a long time, but when you’re dealing with complex service contracts, multiple owners, and technical mechanical issues, it can take some time to unpack.
We won’t let our clients miss any crucial filing deadlines.
If you or someone in your family has been injured in an elevator or escalator accident, we want to hear from you. Call to schedule a free consultation today.
