Your Rights when Injured in an Elevator or Escalator Accident

July 26, 2023
by We can Help Law

Know Your Options to Seek Compensation for Injuries Sustained in an Escalator or Elevator Accident in New Jersey

Your Rights when Injured in an Elevator or Escalator Accident in New Jersey

Elevators and escalators make movement through public and private spaces easier and more sustainable. Billions of people use the two transport forms in the United States per year, and most passengers encounter no problems. However, while elevator and escalator accidents are rare, they are not absent. According to the Consumer Product Safety Commission, over 10,200 people are injured each year on elevators, and federal statistics on report that 27 are fatally injured in elevator incidents each year. Six thousand, the site reports, are injured in escalator accidents.

If you have been injured in an elevator or escalator accident in New Jersey, you may have the right to recover damages for your injury, including medical expenses, lost wages, out-of-pocket costs, and pain and suffering. Our team of elevator and escalator injury lawyers is dedicated to ensuring that your injury expenses caused by the poor maintenance and negligence of the property owner, who is responsible for elevator and escalator upkeep, are properly and fully compensated. Reach out today for a free consultation to discuss your claim at (732) 303-7857, and read on to learn more about why elevator and escalator accidents are so dangerous in New Jersey.

Top Causes of Elevator and Escalator Injuries in New Jersey

Property owners are legally responsible for maintaining all elevators and escalators on their premises regularly, as well as posting information about maintenance dates and clearly marking closures due to faulty equipment. However, despite these conditions, many injury accidents occur each year. Common elevator injuries are caused by mechanical failures or faulty wiring, poor floor-to-floor leveling that leads to trips and falls, slick floors, missing floor pieces, faulty doors that remain closed after the elevator stops or open during movement, and malfunctioning pulley systems that cause unexpected and rapid drops of the elevator box. Common escalator injuries include mechanical or electrical failures causing unexpected stops or jerky movement, missing teeth on an escalator stair causing imbalance or falls, missing or otherwise broken steps, and poor stair-to-floor leveling that leads to trips and falls.

Determining Liability in an Escalator and Elevator Injury Case

An elevator and escalator injury attorney is an essential advocate in such an injury case because they can help determine liability for an accident. In order to recover financial damages, a victim must prove that the responsible party was negligent or improperly maintained the machinery for which they were responsible. There can be multiple responsible parties in an elevator or escalator injury case, and a skilled attorney will demand the responsibility of all involved. Such was the case in a Paramus Park mall in 2009 when a young girl’s shoe got stuck in the bottom “comb plate” or gap between the moving stairs and the floor, amputating a toe. Both the store owner, Macy’s, and their contracted elevator maintenance company, ThyssenKrupp Elevator, settled with the girl’s family, as well as Crocs, Inc., whose shoes she was wearing at the time of the accident and whose design facilitated it.

Actions to Take After an Elevator or Escalator Incident

The first imperative step in the case of an elevator or escalator injury accident is to seek immediate medical attention. Once your basic safety needs are taken care of, it is important to contact an experienced elevator and escalator injury attorney, who will help you review the inspection and maintenance records for the device while you focus on rest and recovery. By assessing such documents and investigating the nature of your accident, your attorney will help you recover full damages for the accident caused by the machine owner’s negligence or improper upkeep.

Importance of Preventative Maintenance to Avoid Accidents          

Learn Your Compensation Options After an Elevator or Escalator Injury in New Jersey

Maintenance failure signifies the failure to complete preventative maintenance on an elevator or escalator to ensure its safety. Maintenance failure is one of the negligence claims that can be put forth in an injury accident claim leading to the recovery of financial damages for an injury. Technicians are tasked with discovering power failures, malfunctioning bearings, and other minor and major defects that can lead to tragedy. When such regular maintenance is not completed, or a technician fails to note mechanical errors, the property owner and elevator technician can be found liable for injury expenses.

Get Trusted Legal Counsel From Our Freehold Elevator and Escalator Injury Attorneys

If you’ve been involved in an elevator or escalator accident, you want to focus on rest and recovery. An elevator and escalator injury attorney is experienced in conducting the proper investigation required to determine the cause of the accident and who is liable. Our team is committed to ensuring that your full immediate and long-term expenses related to the injury accident are covered.

We have represented numerous clients in Asbury Park, Howell, Holmdel, Eatontown, Ocean Township, Red Bank, Middletown, Freehold, Point Pleasant, Sea Bright, and other Ocean and Monmouth County areas who have fallen victim to negligent elevator and escalator upkeep or other malfunctions causing injury. Contact us today at (732) 303-7857 for a free consultation regarding your injury claim.