Involved in an Escalator Accident in Norwalk, CT? Injury? We Can Help

Escalators are a normal part of our everyday lives. Approximately 105 billion passengers are transported every year on about 35,000 escalators in the United States, according to the National Elevator Industry. We see escalators in shopping malls, hospitals, hotels, airports, and offices, and we trust that the escalator will safety transport us from one place to another. Escalator accidents can result in serious injuries to the escalator’s passengers— which can involve multiple individuals at once.

Although escalators are subject to strict safety regulations, accidents can still happen. Ten students were injured in 2018 in an escalator accident at Stuyvesant High School in New York City. According to The Spectator, the high school’s student newspaper, a step on the four-to-two escalator popped out, causing the escalator to speed up and partially collapse.

In May 2013, an escalator inside of a convention center in San Antonio, Texas, stopped and reversed direction, injuring about 20 people. A state investigation into the accident identified the primary cause as overcrowding. The emergency brake system had failed under the extraordinary weight, according to KENS 5.

If you and/or a loved one has been injured in an escalator accident in Norwalk, CT, our experienced personal injury attorneys at Lemberg Law are equipped to get you the compensation you deserve. We understand that escalator accidents can happen suddenly and unexpectedly, resulting in serious impacts on your health and finances; which is why you may need help as soon as possible.

Navigating property owners and their insurance companies, the escalator manufacturer, or another party that may be at fault for your injury can be a scary and frustrating experience, but it doesn’t have to be. For 13 years, Lemberg Law has made legal representation a pain-free and easily accessible process. We have successfully recovered more than $50 million in damages for more than 25,000 clients across the nation. Our track record speaks for itself.

You may be compensated for damages or losses associated with the escalator accident, which can include but are not limited to:

• Medical expense reimbursements
• Payment of lost wages
• Compensation for future medical costs
• Payment for future earnings
• Damages for pain and suffering

Common Injuries from Escalator Accidents

Escalator accidents can result in a variety of injuries, such as loss of skin, muscle and tissue damage, bone fractures, and brain injuries. Some of these accidents might even result in wrongful death. Common injuries from escalator accidents include:

• Broken bones and fractures
• Bruising
• Spinal cord injury
• Wrist injuries
• Brain injuries
• Lacerations

Leading Causes of Escalator Accidents

Property owners are obligated to ensure that their property is in safe condition for residents and visitors. For example, an escalator accident can occur because of the negligence of the property owner who failed to maintain the escalator. You may be able to file a premises liability claim if the property owner was negligent and that negligence caused your injuries. But there may be other causes to an escalator accident, such as a defective escalator part, which could be the fault of the manufacturer. The plaintiff may even be fully or partially responsible for their injuries.

Common causes of escalator accidents include:

• Defective escalator parts
• Loose clothing getting stuck
• Escalator malfunctions
• Poor escalation maintenance
• Slippery surfaces

What You Can Do to Prevent Escalator Accidents

Accidents involving elevators and escalators kill about 30 and seriously injure about 30,000 people each year in the U.S. Escalators only account for about 10% of deaths and 40% of injuries, according to the CDC. Although escalator accidents are rare, there are still actions you can take to prevent them from occurring. To safely ride an escalator, you should:

1. Hold onto the handrail.
2. Stand on the escalator, do not sit or crouch down.
3. Don’t rush up or down the elevator.
4. Always face in front of you.
5. Know where the emergency shut-off buttons are located.
6. Wear safe shoes to protect your feet.
7. Tuck in or hold onto loose clothing.

FAQs about Escalator Accidents

What should I do if I am injured because of an escalator accident?

First and foremost, you should check to see if you or any others are seriously injured and call the police for help. Once you determine whether you or others will need medical attention, you or your attorney should speak to the manager or property owner of the location where the accident occurred. This will establish a date and time of your accident.

Next, if you are able to, take as many pictures and videos of the scene as possible, including the area where the accident occurred. Proof of unsafe conditions on the property will help argue your case and the full extent of your damages. If you are on the way to the hospital, ask a friend or your attorney to help you do this. Write down the names and contact information from witnesses to the accident and the accounts of what they saw. You should also record all of the injures you have sustained as result of the escalator accident.

Is there anything I should not say?

You should not apologize to anyone or accept blame, as this can be misinterpreted by the property owners and their insurance companies and used against you. You also do not have to give a statement to the other insurance company right away. It might be best to consult with a lawyer before even talking with your own insurance company or accepting any type of initial settlement.

Should I see a doctor, even if I do not think I’m seriously injured?

You should absolutely visit a doctor after being in any type of accident. While you may feel like the injuries are minor or not there, you could have injuries that may become serious if not treated. It’s better to take precautions when dealing with your health. Seeing a doctor will also create medical documents that can serve as evidence if you do decide to peruse legal action.

Who is responsible for my escalator injury?

There can be several causes of an escalator accident, which means any number of parties could be liable—such as the property owner, the manufacturer, or even the person who was injured could be partially responsible.

Under Connecticut law, property owners typically can only be held liable for an escalator accident if they had a reasonable opportunity to take action to prevent the safety problem. The property owner must have noticed the dangerous conditions before the accident occurred, or a victim can prove that the property owner should have known about the safety hazard. In the latter, the plaintiff needs to show that the hazard was present long enough where the defendant would have discovered it through an exercise of ordinary care.

In some cases, the person liable may not be the property owner, but the person controlling the property and is most responsible for preventing hazards.

How much compensation am I entitled to?

If you were at all negligent in connection with the accident, Connecticut’s modified comparative negligence law will be used to determine how much compensation (if any) you can receive. If the plaintiff is deemed at fault, they can still get compensation from other responsible parties, as long as the plaintiff’s share of liability does not exceed 50 percent. If it does exceed 50 percent, then the plaintiff can’t recover anything.

With this in mind, it’s important to remember that no two claims are the same. How much you may receive in damages depends on a variety of factors, such as the sum cost of your injuries and who is at fault for the escalator accident. Once our lawyers get all of the necessary information from you, we will evaluate your case tailored to your needs. We provide personalized representation to our clients and make sure to keep them informed about any updates in their case.

How much time to do I have to file a premises liability claim in Norwalk?

In Connecticut, there is a two-year statute of limitations for premises liability claims. If your claim is against a government or public entity, the statute of limitations may be shorter, and you may have to follow special rules regarding how long you have to notify them and file a lawsuit.

You should reach out to an attorney sooner, rather than later, to have plenty of time to build a strong case. Our attorneys are knowledgeable about the entire process, including state premises liability laws.