Escalator and Elevator Accidents

Thursday, November 7, 2019

Escalator and Elevator Accidents

Written by Malman Law, reviewed by Steve J. Malman.

Escalator and elevator accidents can happen for a variety of reasons. In some instances, these accidents happen when stores and other businesses fail to keep their equipment in proper working order. At other times, these accidents happen when the equipment itself malfunctions as a result of some sort of defect.

If you suffered an injury in an escalator or elevator accident, it is important that you seek out legal representation as soon as possible. A Chicago personal injury lawyer at Malman Law could help you recover the compensation that you need resulting from your accident, via the settlement or litigation process. Give us a call today at (312) 629-0099 or contact us online to learn more about how we could file a personal injury claim or lawsuit on your behalf. 

Duty of Care Owed

Individuals who are on business property in order to benefit the business owners are typically classified as business invitees. Business invitees are commonly customers at a store, restaurant, or other business.

The owner of a business owes a duty to business invitees. Specifically, business owners must ensure that the premises are always kept safe from defects and must ordinarily inspect the premises on a regular basis for unknown defects. This duty of care extends to equipment on the premises, including escalators and elevators. Specifically, if the business is aware of an equipment defect but does not cure the defect or warn about the defect in a reasonable period of time, then the business could be responsible for any accidents or injuries that result.

When it comes to equipment on the premises, such as escalators and elevators, businesses have a duty to ensure that all of the proper mechanisms are in working order at all times. They must also ensure that equipment is inspected on a regular basis and that any defects are promptly corrected. Finally, they must make sure that escalators and elevators are clean at all times and free of any spills that could result in a slip and fall accident.

Negligence of a Third Party

Businesses regularly hire outsiders to take care of repairs on elevators, escalators, and other equipment used by the business. Third-party entities are also typically responsible for inspecting these devices. In some instances, when repair facilities and inspectors do not do their jobs properly, elevators and escalators malfunction, resulting in serious injuries.

Therefore, in addition to filing a claim or lawsuit against the premises owner, the accident victim could also make a claim against the repair facility and/or the inspector. When it comes to proving third-party negligence in an elevator or escalator accident case, it is often necessary to hire an expert to show that the repair facility or the inspector did something wrong.

Finally, in escalator and elevator accident cases where the equipment malfunctions, the accident victim might be able to file a product liability claim against the equipment manufacturer. 

Call a Chicago Personal Injury Attorney Today

If you have been injured in an elevator or escalator accident in Chicago, an experienced personal injury attorney at Malman Law can explain all of your legal options and help you recover monetary compensation. To schedule a free case evaluation and legal consultation with a Chicago personal injury lawyer, please call us at (312) 629-0099 or contact us online to learn more. 

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

What’s your case worth? Submit for a free case review

Related Blog Posts

view all news