Millions of people use elevators and escalators daily. Accidents in these carriers are common. The injuries from elevators and escalators are often caused by abrupt stoppages, floor shifting, and failure to open. Power outages, component malfunction, or human negligence are responsible for these damages.
Medical attention should be the priority. If in California, our personal injury lawyers will help you find a doctor even when you do not have any medical insurance. As legal professionals, we will help you pursue compensation for your injuries. Contact Johnson Attorneys Group today to schedule a free case evaluation.
California’s Elevator and Escalator Injury Laws
- Common Carrier Laws
Escalator and elevator operators are deemed to be a carrier of persons for reward. Therefore, they are classified as common carriers. The common carrier law requires that elevators and escalators observe high safety and care standards. As a result, the owner, operator or manufacturer is legally responsible for any accident that occurs in the carrier.
- Who is Considered as a Passenger?
People in the process of getting into or out of the escalator or elevator car are considered passengers. The responsibility of the owner to the passengers remains until they have had enough time to get off the elevator or escalator without an injury.
- Irrelevance of Motive
The motive for riding the escalator is not considered when in the event of an injury. The common carrier’s obligation of ensuring the safety of its passengers remains whether the victim rode it for business or pleasure.
- Proof of Negligence
The owner, manufacturer, or operator of the elevator or escalator is liable if there is proof of negligence
- What Constitutes Negligence?
Escalator and elevator injuries can result from negligence on the part of the owner, manufacturer, or operator. Each is legally liable for the damages that result from the breach of duty. Instances of negligence include:
- Flawed design: Elevator or escalator moves too fast or takes time to stop
- Poor or inadequate maintenance
- Manufacturing mistakes: Elevators fail to open
All property owners and manufacturers must guarantee passengers safety from any foreseeable hazard. Lack of maintenance or mechanical failures resulting from flawed designs are, according to the law, acts of negligence.
What a California Personal Injury Lawyer Can Do for Your Escalator or Elevator Case
In the event of injuries and accidents, the law offers provisions for several types of compensation. Having an experienced personal injury attorney handling the case will ensure that the victim is accorded the right benefit. The types of losses for escalator or elevator injuries are classified into two major groups, economic and noneconomic losses.
They are measurable. They include;
- Income losses: When a person is disabled by the injury and is not able to work. Effects on future income are also calculated in this category.
- Medical expenses: It constitutes both current and future expenditures on medical care services.
- Lifecare: The cost of hiring others to help the victim with their daily activities due to a disability that resulted from the injury.
They are not measurable namely:
- Pain and physical suffering
- Loss of consortium
- Emotional distress
- Wrongful death
An Experienced California Personal Injury Lawyer Can Help You with Your Escalator or Elevator Accident
Insurance companies employ armies of investigators, experts, and other professionals to protect their “bottom line.” You need an experienced attorney who is an expert in negotiating to ensure you get compensation for your California escalator or elevator injury.
If you or someone close to you has sustained a personal injury in an elevator or escalator accident, you need an experienced accident attorney on your side.
Our California personal injury lawyers have recovered more than $90 million for our clients. Johnson Attorneys Group will not demand any legal fees until they win or successfully close your case.