Escalator Injuries: Who Is Liable?

"An escalator can never break: it can only become stairs. You should never see an 'Escalator Temporarily Out Of Order' sign, just 'Escalator Temporarily Stairs. Sorry for the convenience.'" - Mitch Hedberg

Anyone who's ever been to a shopping mall or used mass transit facilities in a city has probably ridden an escalator without giving it much thought. When burdened with luggage or bags loaded with presents, being whisked from one level to another with zero effort can seem luxurious.

However, any sort of mechanical mode of transportation carries the risk of injury. Cars, trains, planes ... and yes, even escalators. While falls are the most common injuries associated with escalators, other types are possible as well. If you or someone you love gets injured in an escalator mishap, it's natural to wonder who's responsible. As is often the case, it varies by situation.

Take a Free Ride

Escalators have been schlepping people around for longer than you might think. The escalator made its first appearance as an amusement park ride at New York's Coney Island in 1892. There are estimated to be about 35,000 escalators in the United States providing a mind-boggling 105 billion passenger trips each year.

Despite events such as National Elevator and Escalator Safety Awareness Week occurring in the second week of November (who knew?), accidents are bound to happen. The Consumer Product Safety Commission (CPSC) estimates there are 6,000 escalator-related accidents each year. A study in the National Library of Medicine put that number closer to 10,000. Why are escalators so dangerous?

Things Fall Apart

Escalators come in two forms. Ones on flat surfaces are called "moving walks," while escalators that carry passengers from one level to another are "J-types." OHSA guidelines require building owners to have their escalators inspected at least once a year. Some states lower that to every six months.

Around three-quarters of escalator injuries come from a fall. This can be down the escalator itself or over the side. Entrapment occurs when either a body part or a piece of clothing gets caught in the escalator's moving parts. This accounts for most of the other serious injuries. What causes them?

Given the amount of time they're operational, it's not surprising that escalator parts can wear down or become damaged. Steps that are damaged or worn down are dangerous. Comb plates at the top and bottom of the escalator can loosen or have broken teeth creating dangerous gaps. Defective handrails can cause a passenger to overbalance and fall.

These common causes of escalator accidents can make you wonder who the responsible parties are. Who pays for the medical bills when there are broken bones, spinal cord injuries, or traumatic brain injuries? With liability laws, it depends.

Under premises liability, the property owner is required to provide a uniform standard of reasonable care for the safety of those expected to be there, such as shoppers in a mall. This duty of care through regular maintenance helps avoid escalator and elevator accidents. If an escalator is allowed to fall into a state of disrepair, the owner may carry the responsibility for any resulting injuries.

An escalator may jerk, make sudden stops, or otherwise malfunction due to a design or manufacturing flaw. If that turns out to be the case, the escalator manufacturer may be found liable for any injuries that occur from mechanical failures. A product liability lawyer can answer questions if that's the case.

If the owner employs a maintenance company and the upkeep of the escalators is part of their contracted responsibility, they might well owe recompense for any injuries suffered. Any of these liable parties may be subject to a personal injury claim.

'It's Me, Hi, I'm the Problem, It's Me'

Of course, sometimes the cause of an injury has nothing to do with the escalator. In the study that estimated escalator accidents at 10,000 a year, the data they collected showed half the men involved showed signs of alcohol intoxication. Women were more sober, with only 7% intoxicated at the time of their accident. Falling down an escalator while drunk will likely affect any negligence claims, especially if the escalator is in working order.

The fault might belong to another passenger. If you suffer a head injury because someone pushed you from behind on an escalator and you fell, your path to recovering damages may focus on their actions. If you're not sure about your legal options after an injury that requires medical attention, it's a good idea to get legal advice from a personal injury lawyer.

Keep Your Feet on the Ground

When you and a loved one get on an escalator, you're trusting that it's safe and in working condition. You can help avoid severe injuries by being cognizant of your surroundings, facing forward, and making sure your shoelaces (if you have them) are tied before getting on. Hopefully, you'll never get hurt while taking the easy way up to the food court or your departure gate.

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