Philadelphia Lawyer for Escalator Accident
Accidents on escalators occur more often than you hear about in the news. The injuries that result from escalator accidents range from cuts and bruises (for situations where the escalator simply stops while patrons are on it) to amputations of feet or even brain damage. The injuries can be life altering. At The Law Offices of Greg Prosmushkin, PC, our lawyers and staff have experience in dealing with the escalator and maintenance companies. We also have years of experience dealing with serious life altering injuries.
A good Lawyer will be able to identify the manufacturer of the escalator and any escalator maintenance company that may also be responsible for ill or neglected repairs.
The federal government has no codes dealing with escalator/Elevator deficiencies or ones that mandate that the escalator must be maintained. However, the teeth on the escalator must be calibrated correctly and protection devices must be located at the top and bottom of the machinery.
Specific Defect vs. General Malfunction
If you or a loved one were seriously injured by an escalator because of a defect or general malfunction, the law in Pennsylvania requires you to produce evidence of these issues, which necessitates expert testimony. However, if there is no way to prove a specific problem with the escalator, the injured person may be able to prove that the escalator was defective anyway because he/she did nothing personally to contribute to the incident. Both theories are viable at the same time.
Here is an example. Tommy is at the mall with his parents. Tommy is riding the escalator when his sneaker get caught at the top where you are supposed to step off. The escalator continues to operate and Tommy loses all of his toes on one foot. If an expert comes and inspects the machine and cannot locate why the machine behaved the way it did, he can testify that Tommy in no way contributed to his own injury and a jury may be entitled to award him money by concluding that the escalator was defective simply because this incident happened without any fault from Tommy.
At the Law Offices of Greg Prosmushkin, PC, our lawyers and staff have real experience with these types of claims. Our office is always open to free consultations and we urge you to contact us, even if it is just to ask a question.
What are the different ways that you can get hurt on an escalator?
- Falling from a sudden unexpected stop
- No warning
- Failure to maintain the teeth and retraction of the stairs (Tommy's case above)
- Shoes and sandals getting stuck on the side
- Gaps in the parts that retract
- Falling and or tripping
All in all, there is 10 times more of a chance that a person will get hurt while riding an escalator as compared to an elevator.
If you or someone you know has had an issue with an escalator, whether serious or not, call the office of Greg Prosmushkin, PC. The consultation is free and you will learn your rights under the law.
This content was written on behalf of Greg Prosmushkin.