With over 55,000 escalators in the United States, they’re a common way to quickly move from one floor or location to another [1]. Over 100 billion passengers use elevators or escalators each year.
In most cases, escalators are safe to use. However, passengers may be at risk if property owners fail to maintain the escalator properly or the manufacturer creates a faulty design.
Escalator accidents can occur anywhere, whether at shopping malls or office buildings. Recently, 11 people were injured while using an escalator at a Chicago Cubs game [2].
Escalator incidents can lead to expensive, life-changing injuries. Rosenfeld Injury Lawyers have the legal knowledge and expertise you need to recover maximum compensation following one.
Common Causes of Escalator Accidents
An accident can occur due to faulty escalator stairs or a lack of maintenance. The following incidents cause the most common escalator accidents:
- The escalator car quickly changed direction
- Getting stuck between the steps
- Overcrowding
- Improper lighting
- Defective handrails
- Improperly working emergency shut-off controls
- Escalator design flaws
- Sudden stops
Chicago’s escalators move 24/7, sometimes making it difficult to identify repair needs. Additionally, a typical escalator in Chicago weighs almost 18,000 pounds, meaning a single faulty part can cause severe damage [3]. The many moving parts of an escalator can lead to serious injuries if they fail to work correctly.
Serious Injuries in Chicago Escalator Accident Claims
Escalator accidents can lead to minor scrapes and cuts. However, they can also cause serious injuries that impact a person’s overall functionality. Some of the most serious injuries from an escalator accident include the following:
- Spinal cord injury: A fall from the escalator can damage the spinal cord, leading to temporary or permanent disability.
- Torn ligaments: Tripping or falling in an escalator incident can lead to torn ligaments or other soft tissue injuries, which may require surgical repair.
- Broken or fractured bones: Crush injuries from an escalator can cause fractures or broken bones, some of which may require a lengthy healing time.
- Amputations: Entrapment injuries may include crushed body parts, which could require amputation.
- Traumatic brain injuries (TBIs): A head injury may occur if an escalator passenger falls and hits their head on one of the many moving parts.
The research on escalator injuries is limited, but historical studies show about 10,000 escalator-related injuries result in emergency room department visits yearly [4]. It’s also important to note the full extent of injuries isn’t always immediately apparent.
Liability for Chicago Escalator Accident Injuries
Negligence is the most common cause of escalator accidents. Any of the following parties could be to blame when an escalator accident occurs.
Property Owner
Illinois requires property owners to register, regularly inspect, and maintain escalators and elevators. Failing to do so could make the property owner liable should an accident occur. A property owner may also be considered the responsible party if they knowingly allow passengers to use an escalator needing repairs.
Escalator Designer
The product designers could also be liable if design flaws cause an accident. The escalator manufacturer could be at fault if a mechanical failure leads to severe injuries.
Maintenance or Repair Workers
Maintenance or repair workers who fail to adequately address needed repairs could also be liable in an escalator accident case. The steps the maintenance technician takes when inspecting or repairing the escalator may determine their legal responsibility. Multiple parties, such as the building owner and maintenance company, can sometimes be to blame.
Compensation for Escalator Accident Injury Claims
A Chicago escalator accident lawyer can help those injured in an escalator accident recover the compensation they deserve. The following damages may be available in an escalator accident case.
Economic
Economic damages are the financial consequences of escalator accidents. These costs can be easily calculated based on bills or invoices.
- Past medical bills
- Anticipated medical treatment costs
- Lost wages
- Diminished earning capacity
- Property damage
- Travel expenses to and from medical care
- Temporary transportation
- Temporary cost of home services
Non-Economic
Non-economic damages cover the psychological consequences of an escalator accident. Common non-economic damages in an escalator accident case include the following:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Bodily disfigurement
No two injury cases are the same. That’s why the legal team at Rosenfeld Injury Lawyers works hard to get you a fair settlement based on your specific needs. Our team will review your injury and costs in detail, ensuring you get a settlement that appropriately covers your existing and future needs.
Why You Need a Chicago Escalator Accident Lawyer
An escalator lawyer can be invaluable to your case. Our Chicago escalator accident attorneys can help your case in the following ways.
Investigating Your Claim
The laws surrounding escalators aren’t always common knowledge. That’s where having a lawyer in your case can be helpful. Investigating your escalator accident claim includes determining liability and collecting evidence.
Your escalator accident lawyer will work to collect registration paperwork, service records, and witness statements. Using this information they will help you explore your legal options.
Establishing Value of Damages
Establishing the value of your case following an elevator or escalator accident is an important step. Understanding the value of your damages, both economic and non-economic, is necessary to determine the fairness of any settlement offers. This pre-calculated value can also help with insurance negotiations.
Negotiation With Insurance
Many escalator accidents are settled outside of court. A settlement offer can save you money and time while allowing you to recover compensation. An escalator accident lawyer from Rosenfeld Injury Lawyers will handle all negotiations with the insurance company on your behalf, ensuring you receive fair compensation.
Our team will consider all financial and psychological impacts of the escalator accident on your life, including lost wages and pain and suffering. We’ll also consider the short- and long-term implications of your injuries. For example, head injuries may have life-long impacts, and those costs should also be included in your legal claim.
Representation In Court
Insurance companies aren’t always willing to pay a fair amount, and when they’re not, our Chicago escalator accident lawyers are prepared to take your case to trial. If your escalator accident makes it to court, you’ll need an expert team of legal representatives with injury and trial experience.
How to Prove Negligence for an Escalator Accident Claim
Illinois law requires proof of negligence in personal injury claims. Proving negligence includes the following:
- Legal duty of care – It is necessary to establish that the defendant owed the injured party a duty of care. Generally, a building owner or property manager owes visitors a legal duty of care.
- Breach of duty – Then it must be demonstrated that the liable party breached that duty of care. This is most commonly done through negligence, possibly due to improper maintenance or repairs.
- Causation – The negligence was the direct cause of the injuries sustained.
- Damages – An Illinois personal injury case must show compensable damages. The most common injuries sustained in an escalator accident often require the injured victims to seek medical attention, leading to payable damages.
You Have a Limited Time to File an Escalator Accident Claim in Chicago
Illinois law establishes the statute of limitations, determining how long injured victims must file a lawsuit. For example, if you’re injured in an escalator accident, you must file a claim within two years of the accident date.
It can take time for your legal team to identify liable parties and collect sufficient evidence, so contact an escalator accident attorney as soon as possible. Rosenfeld Injury Lawyers offers injured victims a free case evaluation so they can explore their options without risk.
Contact a Chicago Escalator Accident Attorney Today!
No one ever expects to suffer injuries when using an escalator. Yet, it happens, and when it does, it can leave you with ongoing medical bills and an inability to work. Rosenfeld Injury Lawyers helps Chicago victims seek compensation, ensuring they get a fair settlement that appropriately covers their medical expenses and other costs.
A free consultation with our legal team allows you to explore your legal options without risk. A contingency fee means you never pay anything unless we win your case. Contact us today at (888) 424-5757 or fill out our online form.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Evanston, Schaumburg, Rockford  and throughout Illinois.
Resources: [1] National Elevator Industry, [2] Chicago Sun-Times, [3] Transit Chicago, [4] National Library of Medicine