Escalator accidents in New York and New Jersey can have horrific consequences, from life-altering injuries to expensive medical bills. If you’ve been hurt in an escalator accident, you need a capable and compassionate legal team to champion your rights and help you recover fair compensation.
Over the course of our 40 years in business, Nagel Rice LLP has recovered over $1 billion in compensation for our clients. No matter how grim things seem now, our premises liability attorneys can help you recover the money you need to put this traumatic episode behind you. We’ll handle all the legal work, from investigating the accident and documenting your injuries to negotiating a fair insurance settlement and protecting your rights in court as necessary.
Common Causes of Escalator Accidents
Innocent people can suffer serious injuries in escalator accidents caused by:
- Mechanical malfunctions – Escalators are complex machines made of countless moving parts. Broken handrails, faulty brakes, defective motors, and other mechanical malfunctions cause sudden stops or jerky movements, leading to escalator accidents.
- Loose or missing parts – Loose screws, missing components, or broken escalator steps can cause users to fall and sustain severe injuries.
- Improper maintenance – Regular escalator maintenance is crucial to minimizing the chances of an accident. When property owners or maintenance crews don’t properly maintain these machines, they can break or fail, potentially causing a catastrophic accident.
- Design defects – If an escalator is too narrow, the steps are too steep, or there are other design flaws, people may struggle to use the escalator safely. For instance, if the gap between steps is too wide, users might get their clothing caught in the escalator and sustain devastating injuries.
- Obstructed escalator entrances and exits – If the area around an escalator’s entrance or exit is blocked, users may struggle to enter or exit safely, leading to falls and other accidents.
- Wet or slippery surfaces – Similarly, wet escalator steps or slippery surfaces at the escalator’s entrance or exit can cause falls and other accidents.
Who’s Liable for an Escalator Accident?
Who’s liable for an escalator accident depends on why the accident happened. The liable parties may include the following.
The Property Owner or Manager
Property owners and occupiers in New York and New Jersey have a legal duty to protect visitors from harm, especially visitors at a business. If the property owner or a manager they hired didn’t properly maintain an escalator, they could be liable for any resulting accidents.
Maintenance Companies
Some property owners or managers hire outside companies to maintain escalators and other equipment. If an accident occurs because a maintenance company didn’t do its job (for example, if the company failed to replace worn-out or broken components), they could be liable.
Individual Business or Store Owners
Sometimes, the party who owns a building may not own or be responsible for maintaining an escalator. An individual business or store that owns or operates the escalator could be liable if they did not check the escalator for problems regularly and repair any they found.
The Escalator Manufacturer or Designer
A design or manufacturing defect that contributes to an accident could mean the company that produced it is liable. For instance, the designer may have spaced the steps too far apart, or the manufacturer may have used substandard components to build the escalator.
Potential Compensation for an Escalator Accident
We can give you a better estimate of your claim’s potential value once we investigate the accident and assess your injuries. That said, we can help you seek compensation for many forms of harm you have sustained, such as:
- Your current medical bills related to the accident
- Any future medical treatments you might need for your injuries
- Your lost income while you cannot work
- Any reduction in your future earnings due to an injury or disability
- Your pain and suffering
- Your diminished quality of life
- The cost to repair or replace your damaged personal property (if applicable)
Protecting Your Rights After an Escalator Accident
Protect your rights to compensation by being proactive after an escalator accident. Here’s what to do:
- Follow your doctor’s orders – Seek medical care immediately and follow your prescribed treatment plan to the letter. Not following your doctor’s orders can hurt your health and may give an insurance company the impression your injuries aren’t as severe as you say.
- Document what happened – Save as much evidence from the accident scene as possible, such as the clothing you wore, any photos or videos you may have taken, and any incident reports taken by the property owner. This evidence can help your legal team identify the liable parties and hold them accountable. It’s also crucial to save your medical records and any receipts related to the accident, as these documents can show the physical and financial toll you’ve experienced.
- Stay off social media – No matter how private you think your account settings are, insurance companies will look for ways to access your posts. A seemingly innocuous statement or photo could give them the ammunition they need to deny your claim. Don’t give an insurance company any evidence to use against you.
- Talk to a lawyer as soon as you can – Vital evidence in an escalator accident claim can disappear or deteriorate within days or weeks. The sooner you talk to a lawyer, the better chance they’ll have of gathering and preserving this evidence—and the sooner they can start negotiating for your settlement.
Deadline to File an Escalator Accident Lawsuit
In New York, you typically have three years from when an accident happened to file a lawsuit. The deadline in New Jersey is two years, leaving you less time to take legal action. The sooner you contact a lawyer, the more they can do for you, and the greater your chances of recovering full compensation.
Contact a New York and New Jersey Escalator Accident Lawyer Now
Have you been injured in an escalator accident in New York or New Jersey? Then contact Nagel Rice LLP today so we can start fighting for the money you deserve. Consultations are free, and we won’t charge you a fee unless we win your case.