Being injured in an elevator or escalator accident can have devastating consequences. Whether you or a loved one was hurt by a sudden stop between floors, a fall on a moving escalator, or a door malfunction, the resulting injuries may be severe. Know your rights and the steps to pursue compensation in these challenging times.
Common Causes of Elevator & Escalator Accidents
While convenient for navigating between floors, elevators and escalators are not without their hazards. A combination of system malfunctions and human errors may lead to accidents. Here are some common causes:
- Mechanical failures, such as brake malfunctions, door operation issues, or cable failures, may cause elevator injuries. Step malfunctions in escalators are also hazardous.
- Inadequate maintenance may leave mechanical issues unaddressed, resulting in dangerous conditions.
- Operator negligence is defined as errors made by the people responsible for the daily operation of these conveyances. Improper operation or failure to respond to malfunctions may lead to accidents.
- Design and construction flaws stem from poorly designed or installed elevators and escalators, which pose inherent risks.
Types of Damages You Can Claim
If you’ve been involved in an elevator or escalator accident, you may be entitled to various forms of compensation, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional trauma
- Lost quality of life
- Wrongful death
Proving Negligence
To successfully claim damages, the victim must demonstrate that the liable party was negligent. This typically requires proving the following:
- Duty of care is the responsibility of operators and property owners to ensure visitor safety.
- Breach of duty is what happens when the duty of care is not met, whether through specific actions or inactions.
- Causation is the link between the breach of duty and the injuries sustained.
- Damages, such as those previously listed, prove that the accident led to actual losses or injuries for which you are entitled compensation.
Immediate Steps to Take
If you’re a victim of an elevator or escalator accident, take immediate action to protect your rights. Here’s what to do:
- Seek medical attention: Your health comes first. Before you think about the legalities, see that your injuries are properly attended to.
- Report the incident: Notify the property manager or other responsible parties about the accident so they can record it.
- Document everything: Take photos of the site and your visible injuries, gather witness statements, and keep records of all medical treatments and incurred expenses.
- Contact a lawyer: An experienced elevator or escalator accident attorney can guide you through filing a claim.
Gelman Gelman Wiskow & McCarthy, LLC is Ready to Help
Elevator and escalator accidents can have life-altering consequences, and the negligent party should be held accountable. For help pursuing compensation, turn to Gelman Gelman Wiskow & McCarthy, LLC. We bring over 70 years of legal experience to your case, ensuring you have the support you need from day one. You have enough to worry about—let us take the pressure off by handling your case with the diligence and persistence it deserves. Contact us at 862-263-0770 today to schedule a free consultation at one of our five New Jersey offices.
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