Elevator And Escalator Malfunction Injuries

Elevators and escalators are essential in various buildings and public spaces, ensuring efficient vertical mobility for individuals. However, malfunctions can occasionally occur despite their convenience, leading to unexpected injuries and harm caused by mechanical failures or negligence during their operation. 

When you have been injured in an elevator or escalator malfunction accident, it is essential to know your rights and how to file an injury claim for compensation by speaking to a premises liability and inadequate security lawyer. 

How do elevator accidents happen?

Elevator malfunction accidents can occur due to several reasons, including:

• Mechanical failures, including issues with the elevator cables, braking systems, control panels, or door mechanisms
• Electrical malfunctions may cause sudden movements or stoppages that result in injuries to passengers
• Improper maintenance and lack of routine inspections can contribute to component wear and tear and increase the risk of accidents
• Inadequate safety measures like faulty or missing sensors and emergency stop buttons can increase the likelihood of accidents
• Human and operator errors like incorrect floor leveling or failing to secure doors properly can lead to accidents

How do escalator accidents happen?

Escalator accidents can occur for many of the same reasons as elevator accidents, such as:

• Mechanical failures
• Maintenance issues
• Electrical malfunctions
• Improper safety measures

Additionally, accidents could result from user behavior like wearing loose clothing, untied shoelaces, or running on the escalator. Furthermore, design flaws related to step gaps, railing placement, or inadequate lighting can create hazardous conditions that result in personal injuries. 

How common are elevator and escalator accidents?

Elevator and escalator accident statistics are relatively rare, but their occurrence cannot be overlooked entirely. According to the Consumer Product Safety Commission (CPSC), between 2018 and 2021, there were 41 elevator accident deaths. Between 2020 and 2021, there were over 19,000 non-fatal elevator injuries. 

Another study conducted by the CPSC reported an average of around 6,000 injuries and 24 deaths occur per year related to escalators. Of these, about 75 percent were the result of falls. 

What are the risks of using an elevator?

While elevators are generally considered safe and reliable, some risks associated with their use include:

• Mechanical failures
• Entrapment
• Door-related accidents
• Overcrowding
• Slips and falls
• Lack of proper safety protocols

What are the risks of using an escalator?

Using an escalator also carries some potential risks, which include:

• Trips and falls: The moving steps of an escalator can lead to tripping hazards if passengers are not cautious while stepping on or off the escalator
• Entrapment: Fingers, toes, shoelaces, or other items may accidentally get caught in the gaps between moving steps or handrails, resulting in injuries
• Mechanical malfunctions: Escalators can experience mechanical failures such as motor issues, instability, ineffective handrail grips, or problems with step alignment that may cause sudden stops or jerky movements, leading to accidents
• Distracted riding: Distractions like using mobile devices or engaging in conversations while riding an escalator can increase the likelihood of accidents due to a lack of focus
• Inadequate maintenance: Insufficient inspection and maintenance procedures can result in worn-out components like non-functioning sensors, faulty emergency stop buttons, and irregularities in steps and joining plates, increasing risks of injuries

What steps should you take to seek compensation?

If you’ve been injured in an elevator or escalator accident, there are several steps you should take to seek compensation:

• Request medical attention: Your well-being and health should be your first priority. Get immediate medical care for your injuries and ensure all necessary treatments and documentation are obtained.
• File an incident and accident report: As soon as possible, notify the business owner, property manager, property owner, or relevant authorities about the accident. Provide them with a detailed account of what happened and request a written record of your report.
• Document evidence: Take videos and photos of the scene where the accident occurred, including any visible damages or hazards that may have contributed to your injury. Keep all medical records related to your diagnosis, treatment plans, prescriptions, and expenses incurred.
• Gather information: Obtain contact details from any witnesses who may be able to provide statements supporting your claim
• Seek legal advice: Consult a personal injury attorney specializing in premises liability cases. They can evaluate your case, advise you on applicable laws and regulations, and help determine liability for your injuries. They can also help you obtain the elevator’s or escalator’s maintenance records or inspection reports to further support your injury claim. 
• File a claim: If your attorney determines that negligence led to your injuries, they will file a personal injury claim against responsible parties such as property owners, maintenance companies, manufacturers, or contractors involved in maintaining the elevator or escalator
• Negotiate or seek litigation: Your attorney will attempt to negotiate a settlement with the liable party’s insurance company based on the extent of your injuries and damages. In some cases where an amicable agreement cannot be reached, litigation may be necessary to pursue fair compensation by filing a lawsuit in civil court.  

It is worth mentioning the majority of premises liability injury cases are settled out of court. Even if your case has to be litigated, there is still a strong possibility of your Las Vegas premises liability lawyer reaching a settlement before the conclusion of the trial. 

How long does it take to settle an elevator or escalator accident?

The time frame for settling an elevator or escalator accident premises liability law case varies. It depends on various factors, including the case’s complexity, the extent of injuries sustained, the cooperation of involved parties, and the legal process itself. 

Generally, many cases will reach a resolution within several months if liability is clear and both parties agree on compensation. However, more complex cases that involve extensive investigation, multiple liable parties, or disputes over negligence will take longer to settle.

Furthermore, if negotiations fail to result in a satisfactory settlement offer, pursuing litigation will further extend the timeline as court proceedings take time. 

Get help filing an elevator or escalator accident claim in Las Vegas

Were you injured in an escalator or elevator accident in Las Vegas? Adam S. Kutner, Injury Attorneys, specializes in premises liability personal injury cases and can assist you with filing a claim. Don’t face the legal process alone. Ensure you get the compensation you deserve by having our injury attorney in Las Vegas negotiate your settlement and handle the legal complexities associated with premises liability cases.