California Escalator Accident Lawyers
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Our Experienced California Escalator Accident Lawyers Are Committed To Helping Injured Clients
Escalators and elevators are modern tools of vertical mobility that have transformed the way we get around in the modern world. We all use them, whether at work or while shopping. However, many people take them for granted, and carelessness often leads to accidents. The California escalator accident lawyers at Arash Law are available to discuss your legal rights if you were injured in such an event. Call (888) 488-1391 to schedule a free initial consultation with our legal team.
Most of the time, freak accidents involving escalators are a result of carelessness, such as when the escalator is not properly maintained. Under personal injury law, victims who sustained injuries may be eligible for monetary compensation from the negligent party. Additionally, if someone dies, the surviving family members may be qualified to pursue a wrongful death case. The types of damages you may pursue vary, and you may need legal guidance to explore your options.
Legal claims can be challenging, but our team can guide you through the process and explain the types of compensation that may be available under the law. If an escalator accident injured you or someone you love, our escalator accident lawyers in California can help.
How Our California Escalator Accident Lawyers Assist With Your Case
Escalators have become so integral in how we move that accidents involving this machinery seem unthinkable. The sad reality is that they do occur frequently. The premises liability lawyers at Arash Law, including our experienced car accident lawyers, have handled various types of accident cases. We represent clients in accident-related claims and are available to review your situation.
Our escalator accident attorneys in California can help by:
- Preserving Evidence — Your lawyer can collect and guard the evidence needed to support your claim. This can include inspection logs, the history of maintenance and repairs, load testing records, and other vital documentation that can help prove the negligence of another person or organization.
- Providing Legal Support — Our lawyers in California who handle escalator accident cases understand industry norms and regulations. They can apply relevant laws to evaluate whether you may be legally entitled to compensation.
- Pursuing Damages — Your attorney’s role is to pursue damages available under California law for your injuries and losses. The settlement or award may cover your medical bills, lost wages, pain and suffering, and other types of damages.
- Negotiating With Insurance Companies — You don’t have to deal with insurance providers and their unfair tactics alone. Your attorneys can handle all communication and negotiation with your insurer to pursue fair compensation.
- Bringing Your Case To Court — While it’s better to resolve the case out of court, it’s always possible to reach an impasse. In case no one agrees on an outcome, your attorneys can represent you in court.
- Offering Contingency-Based Services — Our California escalator accident lawyers handle cases on a contingency fee basis. This means you don’t need to pay the attorney’s fees at the start, and payment is collected only if compensation is obtained in your case. This structure can be discussed during your free initial consultation.
Why Hire Our California Lawyers Experienced In Escalator Accidents?
Hiring a legal representative after an escalator accident is beneficial, as they can guide you on what to do and who to contact for investigations. Experts like forensic engineers are needed to investigate personal injury cases involving escalators. They can reconstruct the incident and assess whether another customer, the store owner, the operator, or the maintenance company was negligent.
Collecting evidence is crucial in any injury claim or lawsuit. Therefore, the analysis should be carried out as soon as possible after the escalator accident to preserve evidence of the condition of the mechanisms and equipment. Because of these complexities, it is often beneficial to seek guidance from an attorney experienced in escalator accident cases.
As a victim of such unexpected accidents, you can always take advantage of our free initial consultation. Contact our office and let our escalator accident lawyers in California guide you through the legal process.
$1,500,000.00
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;
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What Should You Do After An Escalator Accident?
People have become so complacent that they forget accidents can still happen on escalators. Young children and toddlers, in particular, are vulnerable. But anyone can be a victim if they just happen to be in the wrong place at the wrong time. Because of this, it’s vital to know what to do if you ever find yourself in an escalator accident.
Below are the steps you should take in the event of an accident on an escalator:
Remain Calm And Call For Help
You may feel frightened and confused after an accident, and that’s normal. Things can easily get confusing, but it remains critical to maintain your composure. Make every effort to evaluate your options and assess whether you or anyone else sustained any injuries.
Ask for help by calling 911, guards, mall personnel, or nearby bystanders. Panicking will not help your situation; it’ll make you forget what happened when providing authorities with an accurate report later on. Take a deep breath and stay composed through the whole situation.
Get Medical Attention, Even If You Feel Fine
Depending on the circumstances, accidents on escalators can result in severe or even fatal injuries. From broken bones and concussions to more serious head injuries, anyone who falls down the escalator or between its steps must get medical help right away. Leaving these injuries untreated can be fatal. There is no time to waste when it comes to your health. Besides, all your medical records can serve as vital evidence in your claim.
Inform The Management Or The Property Owner
After ensuring your well-being immediately after the accident, you must report the event to the management or property owner. Depending on how severe the escalator accident was, they need to be informed about what happened and take appropriate action right away, such as having the escalator inspected or calling for repairs.
Document And Record Everything
Following an escalator accident, find time to record everything. This includes obtaining the contact details of any witnesses and taking photos and videos of the escalator in question, as well as your injuries. Having this documentation is essential to constructing a compelling case against the party at fault. It might be challenging for you to get fair compensation without it.
Speak To California Escalator Accident Lawyers
Like any other accident resulting in personal injuries, it is important to speak with our attorneys experienced in escalator accidents in California to know how you can move forward with legal action. If you sustained injuries in an escalator accident, you may be able to pursue compensation depending on the circumstances of your case. The legal team at Arash Law can assess how viable your case is during your free case review. Depending on the facts of your case, you may be able to pursue compensation.
Escalator Accidents Can Happen In Many Ways
Accidents involving escalators can happen in a number of ways. One of the most frequent incidents is the unexpected stop that can throw a passenger forward or backward and send them plummeting down the steps. Things can also happen in and around the entry and exit platforms when getting on or off the escalator. People occasionally fall through or get trapped between railing gaps.
Clothes, shoelaces, or limbs can be caught in the escalator’s landing grids, steps, skirt, or handrail, resulting in injuries. As you’re trapped and flung to the ground, fractures, dislocations, facial and head injuries, and other severe damage can happen. Malfunctions and a lack of proper maintenance and inspection can also cause incidents involving slips and falls on escalators.
On September 26, 2021, nine people were hospitalized after an escalator malfunctioned and suddenly reversed at high speed in Boston, MA, causing many people to tumble backward and pile up on top of each other. This is just one incident showing how dangerous escalator accidents can be.
It is critical to determine the potential cause of the injury-causing incident. Given that the equipment must adhere to both State and Federal occupational health and safety requirements, the investigation may entail looking through the necessary routine maintenance documents and learning about any previous issues.
Proper Escalator Inspection And Maintenance Prevent Accidents
Most of us may not realize that escalators require routine maintenance and inspection, even though we use them every day. In California, there are state-mandated inspection and maintenance standards for escalators (along with elevators).
In California, escalators must pass regular safety inspections conducted by certified inspectors, and owners must maintain proper documentation of these inspections. Fortunately, California law requires a copy of the passed inspection form to be made available to the public. This way, you can confirm, through your escalator accident lawyers in California, that the machine’s certification is up to date.
Regardless, a malfunction can happen anytime. Faulty doors, broken steps, electrical failure, and pulley system failure are some examples of mechanical problems that might arise during operation. Any of these problems could lead to an injury-causing accident.
What Causes Escalator Accidents?
The convenience of escalators makes it hard for us to comprehend how hazardous they can be. Aside from incidents resulting in personal injuries, fatal escalator accidents disrupt the lives of those affected in the most unexpected way.
The consequences of escalator malfunctions can be severe because they are large, powerful pieces of equipment. Those who are unfortunate enough to be at the wrong place at the wrong time suffer injuries due to:
- Damaged or missing teeth on the escalator track, which causes tripping or falling that leads to entrapment.
- Handrail that is poorly constructed or defective, resulting in entrapment involving clothes, hair, or limb.
- Missing or faulty steps that cause tripping, slipping, and falling.
- Not enough signages or warnings of a hazard or repair.
- The gap between the escalator steps and side walls is wider than the maximum allowed, increasing the risk of entrapment involving objects like shoelaces or clothing.
- Inadequate or poorly done repairs, maintenance, or inspections.
Determining Liability In California Escalator Accidents
The Owner Or Operator
Premises liability law generally applies to escalator accidents caused by malfunctioning machinery. This implies that the machine’s owner is in charge of keeping it safe. If they neglect to do so, they risk being held accountable for any injuries that result from an accident.
Although the owner or operator is usually held accountable, they are not always to blame. Escalator accidents can still happen even if they have met all the legal requirements and have properly maintained the property.
The Manufacturer
In some cases, the fault lies elsewhere, as the accident could be due to the elevator’s installation, production, or maintenance. If a component caused the elevator to malfunction and break down, the manufacturer might be held accountable through a product defect case.
Liability may also arise if a particular component has a track record of malfunctioning in comparable devices. The manufacturer is assumed to be aware of this danger. Depending on the facts of your case, you may have grounds to bring legal action against the manufacturer for causing the harm you endured.
The Installer
In cases where the escalator malfunctions due to improper installation, your lawyer can assess whether the installer may be held liable. The escalator could be placed incorrectly or in a way that deviates from building codes. Installers are expected to follow proper standards when carrying out their work, and deviations may be considered in determining responsibility.
The Maintenance Company
If the escalator malfunctions and causes an incident because it’s not receiving adequate maintenance checks, the maintenance company can be held accountable. Licensed inspectors are expected to perform routine inspections, taking note of any worn components and suggesting fixes. They might be accountable if they neglect any one of these responsibilities and an accident occurs. You can pursue legal action against them if this is the case.
We evaluate the facts of your case and pursue claims against parties who may be found negligent for causing injuries. However, deciding who’s responsible is not as straightforward as pinpointing anyone. We need to study the details of your case and work closely with you to understand the manner in which you were injured. The California escalator accident lawyers at Arash Law, led by Arash Khorsandi, Esq., have years of combined experience handling these cases.
Common Injuries In An Escalator Accident
Because escalators are powerful machines, accidents involving these devices can be particularly gruesome. They are potential sources of danger not only to the public but also to workers who install, maintain, or repair them. The injuries can range from minor to severe, resulting in substantial hospital bills, lost wages, and significant mental stress. After getting in an escalator accident, you must be medically examined by a doctor, even if you feel fine. Filing a legitimate claim may also require the notes your doctor made. The following are some of the most common injuries that California escalator accident attorneys at Arash Law may help victims seek compensation for:
- Concussions and other traumatic brain injuries (TBIs)
- Bruises, cuts, and lacerations
- Sprains and strains
- Bone fractures
- Crushed fingers and limbs
- Neck and back injuries
- Spinal cord injury
- Electric shock
- Wrongful death
Children are particularly vulnerable to injury in escalators that malfunction or lack the necessary safety features. They may run, play, and fidget, even if they’re supervised. The operator should consider this and implement appropriate measures to help reduce the risk of such behavior.
Due to your injuries, you might need to stay in the hospital for a while. You might be required to have a series of invasive and extensive medical procedures. You may incur significant expenses due to your injuries and inability to work for weeks or months. Insurance companies often prioritize limiting payouts, which can make pursuing compensation a complex process. Arash Law’s escalator accident attorneys in California can review your case and explain the types of compensation that may be available under the law.
Available Compensation To Pursue In California Escalator Accidents
Following an injury, our escalator accident lawyers in California can explain the categories of damages you may be able to pursue under the law. The compensation you can pursue is classified into economic and non-economic. The following are several types of damages frequently obtained by accident victims:
- Economic damages are tangible losses that can be measured, including:
- Medical expenses
- Rehabilitation costs and ongoing care
- Lost income
- Lost earning capacity
- Property damage
- Non-economic damages are subjective losses that are non-monetary, including:
- Pain and suffering
- Emotional trauma
- Psychological distress
- Loss of consortium
- Reduced quality of life
- Wrongful death damages can be recovered in the event of a loved one’s death, aside from the economic and non-economic damages:
- Funeral or burial expenses
- Loss of pension
- Loss of inheritance
The experienced California escalator accident attorneys at Arash Law can diligently pursue fair compensation for your case.
The Statute Of Limitations For Personal Injury Claims In California
The statute of limitations for personal injury claims in California is generally two years from the date of the incident. However, this deadline may be substantially shortened to only six months when bringing legal action against a government agency. While certain exceptions exist that can extend this timeframe, taking immediate action is critical to avoid having your rights to compensation forfeited. Thinking about the deadlines can add another burden when you’re focusing on getting better. Our escalator accident lawyers in California can handle the paperwork for you.
Preventing Escalator Accidents And Injuries
To reduce the number of injuries and fatalities brought on by escalator incidents, employers, owners, or operators of escalators are encouraged to observe the following safety guidelines and best practices strictly:
- Employers or operators should work to protect workers’ safety by providing workplace training and safety procedures, such as locking out and disconnecting electrical circuits and mechanical equipment when the machine is being repaired or taken out of service.
- Employers or operators should ensure that escalator maintenance and repairs are performed only by competent personnel.
- Employers or operators should ensure that there is a sufficient maintenance and inspection program.
- Employers or operators should ensure there are no obstructions that could trap clothing, hands, or feet at the top or bottom of escalators.
- Employers or operators should make sure that all guidelines are adhered to and all necessary permits are secured.
Safety Tips For Escalator Users
For everyday users of escalators, the following safety tips and suggestions are helpful in avoiding the risk of escalator accidents and catastrophic personal injuries:
- Make sure the laces on your shoes are tied properly.
- Never let a child play or sit on the escalator; instead, always hold their hand.
- The safest spot to stand on an escalator is in the middle.
- Exit the escalator safely by stepping off at the end and avoiding the edges of the steps where entrapment usually happens.
- Do not bring a stroller or walker with a child inside on the escalator.
- Keep your hands always on the handrail while facing forward.
While these safety tips help prevent serious injuries during escalator accidents, they might not be able to avoid accidents resulting from poor design or manufacturing flaws. However, it’s good to be aware of the potential risks and hazards.
But when the unexpected happens, you can work with our dedicated escalator accident lawyers here in California to help you explore your legal options.
Escalator Accident Statistics
Most escalators are found in public, commercial, and retail spaces like hospitals and airports. Many single- and multi-story structures use them. They help move large numbers of people quickly from floor to floor, even with far more capacity and frequency than elevators. Here are some more statistics related to elevator accidents:
- Approximately 10,000 escalator-related injuries need to be treated in emergency rooms annually.
- The Census of Fatal Occupational Injuries documented 244 deaths related to elevators and escalators in the United States between 1992 and 2003.
- Between 1992 and 2003, the Bureau of Labor Statistics documented 68 workplace elevator-related fatalities.
- Of all construction trades, installers and repairers of elevators have the sixth-highest rate of work-related fatalities.
Contact Our California Escalator Accident Lawyers For Legal Assistance
Arash Law is committed to advocating for injury victims’ rights. Our escalator accident attorneys are prepared to tailor support based on case specifics.
We help you seek compensation that may be available to accident victims under the law and give them the legal support they need. We are committed to pursuing your case through negotiation or trial, if necessary, and to presenting evidence against parties who may be found liable.
Fill out our “Do I Have A Case?” form or give us a call at (888) 488-1391 to arrange a free initial consultation with our California lawyers handling escalator accident cases. We’ll discuss in detail how our firm can assist you.
Consult with us anywhere in California. Our offices represent clients throughout the state, including Sacramento, Los Angeles, San Diego, San Francisco, San Jose, Fresno, Oakland, Riverside, Kern County, Orange County, and Stanislaus County.
