If you or a loved one was injured or killed in an escalator accident in California, you may qualify to file a lawsuit and pursue financial compensation with the help of our experienced personal injury lawyers.
Escalator injury claims may arise when negligent maintenance, unsafe property conditions or defective components cause a rider to be injured.
Escalator Accident Lawyer: Key Takeaways
- Property owners in California need to keep their escalators inspected, permitted and properly maintained.
- Riders can qualify for personal injury claims after falls, entrapment injuries or sudden malfunctions.
- Property owners, maintenance companies and equipment manufacturers can be held liable in personal injury cases.
- Settlement values in escalator accident cases depend on injury severity, documentation and evidence of liability.
- Most escalator accident victims will have two years from the date of their injuries to file a lawsuit seeking compensation.
- Escalator accident victims may qualify to recover compensation for past and future medical expenses, lost wages, pain, suffering and more.
Why Escalator Accident Victims Trust Our Lawyers
- While many escalator accident lawyers accept every case they can regardless if they have the staff to handle them all or not, our responsive legal team is fully staffed so we can provide you with 24/7 availability, reliable communication and frequent case updates.
- Our law firm has been trusted since 1990 to represent those who have suffered serious injuries such as head injuries and traumatic brain injuries in escalator accidents.
- We provide free consultations to those who have suffered significant injuries in escalator accidents and will charge you no legal fee until we win your case, as our only attorney fees are a percentage of any compensation we recover for you.
- Our high-stakes litigation team has the experience handling large escalator accident cases and the comprehensive resources to represent you against any defendant.
- While some escalator injury lawyers are willing to settle cheaply for a quick buck, our trial-ready representation is ready and willing to fight in court for you, seeking fair compensation for your injuries.
- We and our legal teams have recovered over $750 million for escalator accident victims and other injury victims.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
Call our experienced premises liability lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an escalator accident in California.
Table of Contents
- How Do Escalator Accidents Happen in California?
- Who Qualifies for an Escalator Accident Claim?
- Who Can Be Held Liable for an Escalator Accident?
- How Common Are Escalator Accidents
? - How Many People Die on Escalators Each Year?
- Common Injuries From Escalator Accidents
- California Escalator Safety and Inspection Requirements
- What Is the Average Escalator Injury Settlement?
- What to Do After an Escalator Accident
- California’s Deadline for Filing an Escalator Injury Claim
- When to Contact an Escalator Accident Attorney
- FAQs
How Do Escalator Accidents Happen in California?
Most injuries sustained in escalator accidents are the result of falls, entrapment or sudden mechanical malfunctions.
About 75 percent of escalator injuries are the result of falls, according to data from the Consumer Product Safety Commission.
Around 20 percent of escalator injuries involve hands, feet or clothing caught in the moving mechanism. This can include:
- Bags, clothing or loose shoelaces being pulled into the comb plate or step gap
- Snag hazards being created by missing or broken comb plate teeth
Injuries can be caused by sudden stops, reversals or speed changes of escalators caused by electrical faults, mechanical failures or poor maintenance.
Accidents can occur due to overcrowding, broken handrails or excessive gaps between steps and side panels.
Common accident locations include retail centers, transit hubs, airports and office buildings.
Around half of incidents involving people getting caught in escalators involve children under the age of five.
Who Qualifies for an Escalator Accident Claim?
Riders injured on an escalator because of someone else’s negligence may qualify to file a lawsuit with the help of our experienced legal representation.
This can be due to negligence by property owners such as shopping mall owners. An example of this would be failing to maintain the safety of an escalator.
This can also be due to a design flaw or manufacturing defect. A lawsuit, in this case, would be filed against the escalator manufacturer.
Those who may qualify for a claim include:
- Shoppers, commuters or visitors injured by a poorly maintained or malfunctioning escalator
- Children injured due to entrapment hazards that a property owner didn’t address
- Elderly riders injured by falls linked with uneven steps or broken handrails
- Family members of victims who died from escalator-related injuries
Eligibility to file a lawsuit typically depends on proof of negligence, a defect or a code violation.
Who Can Be Held Liable for an Escalator Accident?
California law allows for escalator accident claims to be filed against property owners and manufacturers.
Escalator accident legal claims may involve products liability or premises liability, depending on the accident’s circumstances. Premises liability claims apply when hazards are created by property owners’ negligence. Product liability claims apply when malfunctions are due to manufacturing or design defects.
The ASME A17.1 Safety Code covers inspection and maintenance standards for escalators. Property owners and manufacturers can be held liable when accidents occur due to failures to follow these standards.
Negligence must be proven to establish liability in escalator cases against property owners. Building owners owe a duty of care as common carriers under California Civil Code § 2100. They can be held liable for injuries that are the result of not being reasonably careful to prevent harm.
Escalator accidents can end up leading to claims being filed against numerous responsible parties, including:
- Property owners or operators who fail to maintain or inspect escalators
- Maintenance or service companies who perform inadequate repairs
- Manufacturers of escalators with design or manufacturing defects
- Installation contractors who perform faulty installations
Liability depends upon what caused the accident and who controlled the condition of the escalator.
How Common Are Escalator Accidents
About 10,000 escalator-related injuries get reported each year in the United States, according to the Western Journal of Emergency Medicine.
How Many People Die on Escalators Each Year?
About two non-work-related escalator deaths occur each year in the United States, according to the Center for Construction Research and Training.
Escalator deaths are rare compared with elevator deaths. However, serious injuries remain common.
Fatal escalator incidents most commonly involve falls, entrapment or sudden mechanical failure.
Common Injuries From Escalator Accidents
Escalator accidents can lead to injuries which range from minor bruising to permanent disability.
Escalator accident injuries can include:
- Traumatic brain injuries from falls onto handrails or metal steps
- Amputations or deep lacerations from entrapment in the step gap or comb plate, often due to broken or missing comb teeth
- Fractures and broken bones, especially in the elderly
- Spinal cord injuries from falls or pile-ups on crowded escalators
- Crush injuries to hands, feet or fingers caught in moving mechanisms
- Emotional trauma, particularly in child victims of entrapment accidents
California Escalator Safety and Inspection Requirements
California law treats escalators as regulated conveyances which are subject to strict safety oversight.
California Labor Code Section 7300.1 places escalators under California’s conveyance safety rules alongside elevators and moving walks.
Covered conveyances may not legally operate without a current, valid permit from the state.
Covered conveyances in California must undergo safety inspections. Annual re-inspections are typically required.
Violations of these inspection or permit requirements may support negligence claims.
What Is the Average Escalator Injury Settlement?
There is no average escalator injury settlement value. The value of these claims can vary widely based upon injury severity, documentation and what evidence is available.
Minor injury claims may lead to smaller settlements. Claims involving catastrophic injuries or wrongful death may involve settlements worth six or seven figures.
Cases’ values are often shaped by maintenance records, inspection histories and surveillance footage.
Our law firm may be able to help you recover financial compensation for:
Medical Bills
All past and future medical bills related to your injuries, including compensation for the costs of things like doctor visits, ER visits, hospital stays, surgeries, medical testing, medications, physical therapy, rehabilitation and more.
Lost Wages
Wages you were unable to earn because of being hurt too badly to work or needing to take time off from work to attend medical treatments or appointments.
Loss of Earning Capacity
Loss or reduction of earning capacity due to a disability caused by an escalator accident.
Pain and Suffering
Physical pain, mental suffering, emotional distress and lost quality of life due to an escalator accident.
Wrongful Death
If you lost a loved one in an escalator accident, you may qualify for compensation for:
- Funeral and burial costs
- Any medical bills incurred by your loved one prior to their passing
- Any pain and suffering endured by your loved one prior to their passing
- The loss of your loved one’s income, companionship, love, household services and spousal benefits
Punitive Damages
In exceptional cases, punitive damages may be available to escalator accident victims under California Civil Code § 3294 when clear and convincing evidence shows that the defendant acted with oppression, fraud or malice. These damages, which can increase the value of your settlement, are intended to punish wrongdoers and deter others from behaving similarly.
What to Do After an Escalator Accident
- Immediately seek medical attention, even if your injuries seem minor. Many injuries don’t show symptoms until weeks or months after an accident. Waiting too long to have your injuries documented can jeopardize your claim.
- Report the accident to property management or the operator of the site who is on record.
- Victims should preserve evidence like medical records and clothing after their escalator accident. Medical records are vital for validating injury claims after these accidents.
- Victims should document their accident-related expenses in detail, as this documentation is crucial for securing financial compensation.
- Victims should, if they are able to, immediately collect evidence at the accident scene as well as preserve relevant maintenance records. Take pictures of the escalator, visible injuries and any broken or missing parts.
- Collect contact information from witnesses who are at the scene of the accident.
- Avoid giving a recorded statement to an insurance adjuster before you speak with an attorney.
- Contact an escalator accident lawyer at our firm for a FREE consultation.
California’s Deadline for Filing an Escalator Injury Claim
You have, in most cases, two years from the date of the injury to file a personal injury lawsuit such as an escalator accident lawsuit in California.
However, claims involving a public entity must be filed within six months in California.
Recovery may be permanently barred, regardless of the merit of your claim, if you miss the filing deadline.
Acting quickly helps to preserve surveillance footage and maintenance records before they are discarded.
When to Contact an Escalator Accident Attorney
Call our experienced personal injury lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an escalator accident in California.
You may qualify for compensation for medical bills, lost wages, pain, suffering, wrongful death and more, and we will charge you no legal fee until we win your case.
Call us today.
FAQs
Can I File a Claim if My Child Was Injured on an Escalator?
Yes. Parents or guardians can file claims on behalf of injured children.
Children are particularly vulnerable to entrapment injuries which involve hands, feet or clothing.
Some cases involving minors involve an extended filing window in California.
What if the Escalator Was Broken Before My Accident?
Negligence claims can be significantly strengthened by prior complaints or repair records.
Property owners who knew about defects and failed to fix them may face greater liability.
Attorneys can subpoena maintenance logs and prior incident reports to use them as evidence.
Do I Need a Lawyer for a Minor Escalator Injury?
Even minor injuries may involve complicated liability questions involving multiple parties.
Attorneys can identify all liable parties and negotiate with insurance companies.
Evidence can be preserved before it disappears with the help of early legal guidance.
