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Each year in the United States, around 10,000 escalator rides end in a trip to the emergency room. The vast majority of escalator injuries result from falls.

Escalators are often found at malls, both in common areas and within large department stores. The specific location of your escalator accident—along with a few other factors—will help determine who can be held liable for your injuries.

Owner And Tenant Liability

The owner of a mall is typically separate from the owner of a store. While both parties may be held liable for accidents that occur in a store, the mall owner alone is usually liable for accidents that occur in the mall’s common areas. An escalator that carries passengers between different levels is one such common area.

For example, if the escalator you were hurt on was carrying you from the men’s department to the women’s department of a department store, you might have a claim against the owner of store as well as the owner of the mall. But if your fall occurred on an escalator that simply goes from the ground level to the first story of the mall (that is, the escalator isn’t inside a store), the mall owner would potentially be liable.

Maintenance And Repair Issues

If your accident happened on a common-area escalator, the mall owner may not be the only liable party. If the owner contracted with a company to provide escalator maintenance and repair services, and your accident resulted from faulty maintenance or repair, then the service-provider may be liable for your injuries.

Defective Manufacturing And Installation

Manufacturer defects and installation mistakes can also cause escalator accidents that injure passengers.

Examples of escalator defects include missing teeth on the track, loose or missing screws, broken or missing steps and excessive space between the sides and steps of the escalator. An escalator that is not installed property could also malfunction.

Talk To An Experienced Nyc Escalator Accident Lawyer Free Of Charge

Liability for an accident involving an escalator is rarely clear-cut, and more than one party may be named as a defendant. Showing that another party was responsible for your accident and injury is easier with help from an experienced lawyer.

David Resnick & Associates, P.C., have helped clients obtain significant compensation for accidents in New York City. To learn how we can help you, contact us now by phone or online.

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