Most of the time, escalators are perfectly safe. But “most of the time” isn’t always.
An escalator accident can cause serious injuries and trauma, especially if you fall from the second story or higher. Even tripping on the ground floor can cause a nasty cut from the “teeth” of the steps. Plus, the risk of infection from a dirty escalator is high.
If you think you might be eligible for an escalator injury settlement, our Florida personal injury lawyer can help you understand your legal options.
How do escalator accidents happen?
Getting hurt on an escalator may not mean that you’re just clumsy. Most escalator accidents are due to poor maintenance or malfunction, including factors like:
- Neglecting to update and inspect equipment
- Escalators unexpectedly change direction
- Malfunctioning electrical components
- Absence of brushes (skirt deflectors)
- Missing comb plates
- Defective or unreliable handrails
- Design deficiencies or flaws
There may be other causes of the accident, such as another person’s actions, like pushing or shoving. In that case, you may pursue action against the person instead of the property owner.
Proving liability in a Florida escalator accident
How your escalator accident occurred will often reveal who is liable. If someone pushed you and you fell, you could file a personal injury claim against them. If you were hurt due to an escalator malfunction, one of several parties could be liable.
An escalator malfunction may be caused by a design flaw, an incorrectly performed repair, or a lack of maintenance. These causes involve a manufacturer, mechanic, and property owner, respectively.
Once your lawyer investigates your accident and determines the cause, they can build a case of negligence against the at-fault party. They must prove that the liable party had a duty of care for your safety and failed to fulfill that duty, either by malicious action or by making the escalator unsafe.
How a personal injury lawyer helps you secure compensation after an escalator accident
When you walk into your lawyer’s office, you probably know why the accident happened. You were pushed, the steps started reversing, there weren’t proper safety buffers, or you fell. However, you may not know who the liable party is or have the time and resources to prove it.
Skilled personal injury attorneys investigate accidents, gather physical evidence and witness testimony, and subpoena the property owner’s safety and maintenance records.
Your lawyer can also use fine points of Florida personal injury law to build the case of negligence against the at-fault party named as the defendant in your personal injury suit.
Usually, our firm can settle your case out of court, in negotiations with the other party and their insurance company. Still, there’s a chance your claim will go to trial, so the evidence our firm collects will be presented to the jury.
Skilled legal advice for Florida escalator accident victims
If you have been hurt in an escalator accident in Florida, you need to act fast. The statute of limitations for filing your claim is only two years from the date of the accident.
Our attorneys can help you. At Lytal, Reiter, Smith, Ivey & Fronrath, we get to work immediately, seeking evidence to prove the defendant’s negligence, properly valuing all your damages, including the non-material ones, like the trauma you suffered in the incident.
Please contact us today at (561) 655-1990 for a free legal assessment of your eligibility for an escalator injury settlement.
