Who is At Fault for Escalator and Elevator Injuries?
Oftentimes passengers on elevators or escalators that are injured don’t know what to do next. Was it my fault? Did the maintenance workers fail at doing their job? Did the manufacturing company fail? Is premises liability involved in the situation? Filing a claim is a good way to get the justice you need after going through a traumatic injury while riding these machines in either a commercial or residential area. After reading this page, you should be aware of the difference between who is at fault when it comes to elevator or escalator injuries. This can help you determine how to proceed in a personal injury case.
Determining Who is At Fault
There are many ways someone can avoid injuries while riding elevators and escalators, but sometimes accidents are not the passenger’s fault. It is not their fault when a sudden stop occurs and results in a broken bone or concussion.
Premises liability is when the owner of the property takes responsibility to be sure that the escalator or elevator has been taken care of. This entails the maintenance and upkeep that is required to keep a functioning machine at its best for the passengers. If an injury was to occur because of the maintenance, the fault would fall on the owner. For example, if the escalator was to stop while passengers were riding because of a malfunction, the owner would be at fault.
On the other hand, the person injured could be liable for their own actions. If an escalator or elevator was to jerk the passengers in some way causing an accessory to become caught, both parties have the ability to be liable. Comparative fault is when the owner can only be at fault for a certain percentage of the claims because the victim also contributed to the injury that occurred. In this case, the victim pays a small percentage of the claims if the case is taken to court.
Most courts put in place a strict liability theory that requires owners to uphold extensive safety for the passengers that ride elevators or escalators. Because some courts have this liability theory, the victim or passenger doesn’t have to prove the negligence of the owner to receive the claims.
Escalator and elevator injuries can have serious consequences that you need help with. Filing claims can be confusing at times, but with the right attorney, you can fight this case. Contact our office for more information about determining who is at fault when dealing with these injuries.