Upholding Justice: The Importance Of Filing A Personal Injury Claim After An Escalator Accident

Posted on: 28 August 2023

After suffering an injury on an escalator that was not functioning correctly, you might be questioning whether you should make a personal injury claim. Some individuals hesitate to take legal action as they may assume it to be an act of greed or unnecessary. However, seeking compensation is entirely justified. 

Receiving Compensation

It can be helpful to seek compensation for your injuries. This can assist you in recovering expenses such as medical bills. Depending on the extent of your injury, you may require ongoing treatment, rehabilitation, or surgery, and it's not fair for you to bear these costs alone.

Stopping Future Incidents

Filing a personal injury claim can help prevent future escalator injuries from happening to other people. By taking legal action, you can raise awareness of the potential dangers of defective or malfunctioning escalators and pressure those responsible. 

Bringing Closure

You'll experience a sense of closure and justice. Being injured on an escalator can be a traumatic and stressful experience, and you may feel angry, frustrated, or violated by the liable party. By pursuing a legal remedy, you can assert your rights.

Determining Fault

The property owner has to ensure that the visitors are safe and there are no hazards on the premises. This also involves frequent inspections and maintenance of the escalators and immediate repairs. Failure to do so is a form of negligence.

The maintenance company performs routine escalator checks and repairs according to industry standards and manufacturer guidelines. If the maintenance company fails to do so, it could be liable for negligence or breach of contract.

The manufacturer is responsible for ensuring that their escalators are designed and produced in a manner that guarantees safety, reliability, and compliance with legal requirements. In the event of an injury caused by a defective or faulty escalator, the manufacturer could be held liable.

Making Your Case

With your escalator accident, each party had an obligation toward you. For example, the escalator manufacturer had a duty to ensure that it was designed correctly. You could argue that you have a legal compensation claim if you tripped on the escalator and became injured.

Falling down an escalator can result in various injuries, including bruises, cuts, and fractures. Backward falls can be dangerous as they can cause head and spinal cord injuries, leading to expensive medical bills and years of rehabilitation. Therefore, you have every right to sue.

Gathering Documents

Some examples of documents that may be required include records of medical treatment and associated expenses, evaluations, and assessments from experts in a particular field, records of maintenance and repairs made to equipment or machinery, and instruction and safety manuals.

Hiring an Attorney

A personal injury attorney can help you by evaluating your case, identifying liable parties, gathering evidence, filing paperwork, negotiating, and taking your case to trial. After your case is resolved, you may be fully reimbursed for your injuries and prevent this from happening again.

Contact a local personal injury lawyer to learn more.