When you’re heading to your room on the 6th floor of a hotel, taking the elevator to your office on the 15th floor of a building, or moving up an escalator to the next floor of a department store, you probably don’t think about the mechanics of these common people movers or what could happen should their systems fail while you’re using them.
According to ConsumerWatch.com, there are nearly one million elevators operating in the U.S., and over 10,000 people are injured from elevators each year. Additionally, there are thousands of accident injuries from escalators, as well. These injuries can range from minor bumps and scrapes to severe trauma. Fatalities are not common; however, when they occur, they often involve seniors and children.
When you ride in an elevator, it’s possible that the car may jerk or stop suddenly, throwing you violently against the wall. Or while riding an escalator, you may trip and fall on the moving steps, or the escalator may malfunction in a way that causes you to lose your balance or footing.
Our Kansas City slip and fall lawyers at Peterson Law firm understand that escalator and elevator accidents can cause serious injuries. We also know that these injuries often happen due to design defects, mechanical failures, and improper maintenance. If you’ve been hurt while riding one of these common people movers, we can help you understand your rights and seek fair compensation.
Causes of Elevator and Escalator Fall Accidents
Elevators and escalators are designed with many safety features to help prevent accidents. However, accidents due to these common people movers happen far too often. Some of the most common causes include the following:
Defects and Flaws in the Manufacturing and Design
Elevators and escalators are complex machines with thousands of parts. A small flaw in the design or manufacturing process can have serious consequences for passenger safety. It’s possible that there may be faulty wiring and/or electrical components in both types of people movers. They rely on intricate electrical systems to power everything from lights and doors to motors and brakes. Defective wiring, switches, or circuit boards can lead to sudden malfunctions or even fires. In some cases, design flaws allow wires to become pinched or frayed over time, creating dangerous short circuits.
Additionally, it’s the duty of the manufacturers to use appropriate materials that can withstand the intense forces and constant use elevators and escalators experience. Cables, pulleys, gears, and other components made from inferior metals or polymers may degrade prematurely, increasing the risk of devastating failures. Manufacturers should never use substandard materials, as defective wiring, faulty brakes, or weak cables can fail, leading to catastrophic accidents.
Installation and Maintenance Issues
Elevators and escalators require precise installation and regular upkeep to operate safely. Failing to follow manufacturer specifications during installation or skipping crucial maintenance tasks like lubricating gears, aligning tracks, and testing safety features greatly increases the risk of dangerous malfunctions.
Improper Inspections
It’s mandatory that elevators and escalators undergo regular safety inspections to identify and correct potential hazards. Failure to conduct thorough inspections or promptly address noted deficiencies puts passengers at risk.
Types of Escalator and Elevator Fall Injuries
According to a report by the Center for Construction Research and Training, the Consumer Product Safety Commission (CPSC) estimated that 75% of escalator injuries resulted from falls, 20% from entrapment at the bottom or top of an escalator or between a moving stair and escalator sidewall, and 5% of the incidents were categorized as “other.” These included sudden stops and direction reversals. When elevators or escalators malfunction, passengers may suffer the following types of injuries:
- Broken bones and crush injuries. Breaks can occur due to sudden drops or falls; if the elevator door closes too quickly on an arm; or a foot gets caught between escalator steps.
- Head injuries. Traumatic brain injuries (TBIs) and concussions can occur if you’re thrown against the elevator wall or escalator rail and strike your head or if you fall or trip going into or up one of these devices. When the brain moves back and forth violently against the skull, it can result in a head injury that can be very serious.
- Spinal cord damage. Your spinal cord can be damaged due to an abrupt stop or uncontrolled acceleration. When the velocity of the elevator or escalator experiences a rapid change, you could be at risk for a spinal cord injury.
- Neck and back strains. Strain injuries to the back and neck can happen due to violent jolts and changes in the speed of movement.
- Soft tissue injuries and bruises. These can happen when ligaments are stretched or torn or if there’s a direct blow to the soft tissue that leads to bleeding under the skin.
Liability When You Suffer a Fall Injury on an Elevator or Escalator
Determining liability for an elevator or escalator injury accident can be complicated and requires a thorough investigation. Our experienced Kansas City slip and fall lawyers can help you identify all potentially liable parties and build a strong case for compensation. It’s possible that multiple parties share responsibility for an injury accident, including the following:
Property Owners and Managers
Commercial property owners and managers have a duty to ensure the safety of elevators and escalators on their premises. This includes scheduling regular maintenance, making necessary repairs, and posting warning signs about known hazards. Failure to take reasonable precautions could make them liable for resulting injuries from a fall or an accident.
Elevator and Escalator Manufacturers
If a design or manufacturing defect causes an accident, the company that made the elevator or escalator may be held responsible. Manufacturers have an obligation to ensure their products are safe when used as intended and to issue recalls for known defects.
Maintenance and Repair Companies
Third-party contractors hired to service elevators and escalators can be liable if their negligence contributes to an accident. Failing to properly inspect equipment, using substandard replacement parts, or making faulty repairs could all expose these companies to potential injury claims.
Government Agencies and Safety Inspectors
In some cases, government agencies tasked with overseeing elevator and escalator safety may share liability if their negligence enables dangerous conditions to go uncorrected. Inspectors who overlook clear safety violations or allow non-compliant equipment to continue operating could face legal repercussions.
How Our Kansas City Slip and Fall Lawyers Can Help
Elevator and escalator injury claims can be highly technical and contentious, but our experienced attorneys understand what it takes to win a premises liability case. Elevator and escalator fall accidents often cause painful injuries that require extensive medical treatment, time away from work, and difficult adjustments to daily life. Our skilled Kansas City lawyers can help you with your slip and fall claim in the following ways;
- We will handle all communication with the property owner, manufacturers, and insurance companies on your behalf.
- We level the playing field. Because defective design or manufacturing can cause elevator and escalator accidents, injury victims may have claims against some of the world's largest corporations. These companies often employ an army of lawyers and experts to defend against product liability allegations. To have a fair chance, you need a Kansas City slip and fall attorney with the resources and tenacity to build a compelling case on your behalf.
- We will take your case to court if pretrial negotiations don’t yield a fair settlement offer.
- We will work to prove negligence. Most personal injury cases require that you prove negligence—the responsible parties failed to act with reasonable care. If a building owner ignored an elevator door sensor or a technician skipped a required inspection on an escalator, that’s negligence.
No one expects a routine elevator or escalator ride to end in disaster. But when you’re injured because of one of these devices, it’s important to know that you have legal rights. With the right Kansas City slip and fall lawyer working for you, you can hold the responsible parties accountable and move forward with the resources you need to heal. Read our case results to learn how we’ve helped other clients with their slip and fall claims.