The machines we use to go about our lives each day don’t seem dangerous. We don’t think twice about getting in our cars to drive to and from work, but it’s the most dangerous thing the majority of Americans do on a given day. If you frequent Las Vegas, taking an escalator at the hotel or casino is part of your routine.
You may want to think twice about taking the escalator next time because if something goes wrong, it can be life-threatening.
If you are injured while using an escalator who is to blame? An escalator accident becomes a personal injury case when the business fails to keep their property safe. Harris & Harris Injury Lawyers are here to help our community members fight for the settlement they deserve.
How Escalator Injuries Occur
Most of the time escalator accidents are caused by usage, malfunctioning parts, or lack of proper maintenance. Other factors may include:
- Manufacturing defects
- Operational errors
- Poor escalator design
- Bad lighting
- Slippery surfaces
- Clothing getting caught in an escalator
Where do escalator accidents happen?
Escalator accidents can happen in any establishment that uses an escalator, but most of the time accidents occur in high traffic places. In Las Vegas that would be:
- Apartment and Condominium Complexes
Who is Liable in Las Vegas for Escalator Injuries?
A Las Vegas escalator injury may be considered a premises liability case. Premises liability law states that property owners and managers have a duty to maintain a reasonably safe area for visitors. If you are injured due to the unsafe or defective condition of the property, you may be able to bring a case against the property owner for a breach of the owner’s duty of care. In the case of a faulty escalator, there are many possibilities for who may be responsible for an injury:
- The manager of the property
- The owner of the property
- The manufacturer of the escalator
- The company or person responsible for the escalator’s maintenance
If the escalator’s manufacturer or maintenance company is responsible for the accident, then this could also be considered a product liability case.
Whether a product or premises liability, there are a few basic elements that a defendant must prove in order to demonstrate liability after an elevator injury:
Your injuries occurred, which can be proven with photos and medical records.
You were using the escalator as directed.
Your injuries were a direct result of the escalator’s defect, not just a coincidence.
The property owner and/or escalator manufacturer was negligent – they did not take proper care. For example, a property owner who skips an escalator maintenance check would most likely be considered negligent.
What to Do After An Escalator Accident?
It is very important to take action immediately following an escalator accident, especially if you are going to submit a claim with an attorney. Make sure to do the following:
- Seek medical assistance if needed
- Take pictures of your injury/injuries
- Take pictures of the area where the accident took place
- Contact an escalator injury attorney
How much to expect from escalator accident settlement?
The settlement amount after an escalator accident depends on the facts of the particular accident and the severity of the injury/injuries. Some escalator injury lawsuits are settled for millions of dollars.
Not all escalator accidents result in legal claims. If you were in an inebriated or intoxicated state at the moment of the accident, whether it ended in injuries or death, it would be ruled as an accidental injury/death.
Hiring a Premises Liability Attorney for your Escalator Accident
Call us today! At Harris & Harris Injury Lawyers, we have extensive experience helping people who have sustained injuries from various types of accidents, including escalator accidents. If you want to discuss your case, call for a free consultation at (702) 384-1414.