Defective Elevator, Escalator, or Stairways
Most people never give elevators, escalators, or stairs a second thought because they’re such a routine part of life. However, the injuries caused by defective elevators, escalators, or stairs can be life-threatening and result in permanent and potentially disabling injuries. If you’ve been injured by a defective elevator, escalator, or staircase, you may have the right to recover against both the property owner and/or the manufacturer.
How Injuries Happen
If you’ve been injured, you may get told or even assume that it was your fault for not being careful enough. Usually, this is not true. An elevator should only open its doors when it’s stopped in the right location, not move when the doors are open, and not allow the doors to close if you aren’t fully inside or outside. An escalator should be free of sudden movements, have protections to keep you from getting caught in gaps, and have an emergency shutoff switch. Stairs and stair railings should be firmly and securely in place, and there should be no tripping hazards.
Defects can arise because of problems in the manufacturing process, poor installation, or lack of maintenance (negligence). No matter how defects happen, failing to keep elevators, escalators, or stairs in a safe condition is negligence on the part of the property owner, occupier, lessor, installer, or even the manufacturer depending on exactly what happened. In many cases, you don’t even need to prove exactly what caused the problem. All you need to prove is that you wouldn’t have been injured if it weren’t for a defect. After that, the property owner, installer, manufacturer, or other parties who may be responsible may all be named in a lawsuit for the purpose of determining fault and liability.
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Your Rights After an Injury
You have the right to be fully compensated for your injuries. Full compensation includes all compensatory damages, namely economic and non-economic damages, and any other damages that arose from your injury including the following:
- Medical bills
- Lost wages
- Additional expenses you may have incurred such as childcare or a home aide
- Long-term or permanent disabilities
- Loss of quality of life
- Pain and suffering
- Any other losses tied to your injury
Despite your rights, the property owner or other responsible party may refuse to compensate you. Their insurance company may also try to lowball you while knowing that you need cash to pay your bills. When they refuse to act properly and fully compensate for your losses, you have the right to go to court and have a judge or jury decide what you’re entitled to.
Work Only with an Skilled Attorney
Proving that elevators, escalators, or stairs were in fact defective can be complicated. In addition, there are specific legal hurdles you need to clear and deadlines you need to meet. Instead of trying to figure out this process on your own, you can choose to work with an experienced attorney who can help you seek full compensation for your injuries. To find out what you’re entitled to or how to recover, search for a local elevator, escalator, or stairs defect attorney near you and/or simply contact us.
