Commonly found in many busy places such as shopping malls, airports, hotels, arenas, stadiums, department stores and train stations, escalators are a part of many people’s daily routines. While they may seem like a safe way to go from one floor to the next, elevators and escalators can be very dangerous machines. Children and older adults are particularly vulnerable to escalator accidents, though anyone could suffer serious injuries from a dangerous escalator. Escalator injuries are a deep concern for the attorneys at Davis, Saperstein & Salomon, P.C. Founding Partner Sam Davis sued a major department store, located in a Paramus, NJ shopping mall, and won a $15 million settlement out of court for the family of a 13-year-old girl who suffered traumatic injuries when her foot became stuck in an elevator that had been in use since 1958 at a department store in Garden State Plaza. Sam hired an escalator and elevator expert to examine the escalator, who determined that the escalator had not been properly maintained for quite some time. It is crucial to remember that escalators are not amusement park rides. They are very dangerous pieces of equipment that should be treated with respect and caution.
There are several common types of escalators, including:
• Crisscross layout
• Multiple parallel layout
• Parallel layout
Regardless of the type of escalator you encounter, there are some warning signs of a dangerous escalator that you should be able to recognize. If you notice any of the following, do not ride the escalator:
Odd sounds.
It is important to listen to the escalator. If you hear any grinding, screeching, thumping, or any other unusual sounds, chances are there is a safety issue.
Gaps and spaces.
Do you see any wide spaces between the steps? If so, then anything can get caught in them – especially hands and feet.
Missing foot brush.
These brushes are installed to promote passenger safety by guiding passengers’ feet away from the skirt panels. When passengers stand too close to the skirt, they should feel the bristles and know to move away from the sides. If there is no foot brush, riders may not realize how close they are to the side, and there is a greater risk of injury. Smooth risers. All escalator steps should be smooth and contain no bumps. If there is any friction, there is a greater chance that soft rubber sneakers and shoes will become trapped.
Missing comb plates.
A comb plate is located on the bottom and top landings of the escalator. All of the teeth should be perfectly aligned. If any are missing, it greatly increases the chance of entrapment and injury.
Missing escalator steps.
There should never be any part of the escalator step missing. Each part of the step – the top and the sides – should be intact and sturdy, never loose or shaky.
Not only can escalators pose a risk to the public, but poorly maintained elevators can as well. A malfunctioning elevator in Wayne, New Jersey, trapped and severely injured our client when the elevator abruptly dropped several feet. After Davis, Saperstein & Salomon, P.C. partners Garry R. Salomon and Adam B. Lederman proved that the building owner and two elevator companies had been negligent in improperly maintaining the elevator, our client was awarded a $715,000 settlement.
The client boarded the elevator on the building’s third floor and, expecting a smooth descent, pressed the first-floor button. However, the elevator door had not fully shut before the elevator plunged downward. The velocity at which the elevator fell caused our client to first fall against the back wall of the elevator, and then against the floor, before the elevator finally came to a halt.
Determining and Proving Liability for a Shopping Mall Injury
People injured at a shopping mall are entitled to compensation for their medical bills, and economic losses, plus their pain, suffering, and disfigurement, but first they must prove negligence and identify the true person or business that caused their injuries. If the accident occurred in a store due to the actions of an employee, the franchise owner or store owner is potentially liable. With accidents in the mall’s common areas, such as the food court, restroom, or walkways between stores, the mall’s owner or management company could be responsible. In other cases, a third-party such as a maintenance company is at fault. To obtain compensation, an injured person must prove that the store, mall, or another responsible party knew or reasonably should have known a dangerous condition existed on their property. An experienced personal injury lawyer knows how to prove that and will likely need to show that the mall had a reasonable time to fix or warn its visitors about the hazardous condition that caused injuries.
After handling complex elevator and escalator injury cases, DSS Partner Samuel L. Davis has been selected to be a speaker at a webinar taking place on October 17, 2024, sponsored by Connectionology. Sam will teach other lawyers about liability for injury and death in pedestrian transport devices. To sign up for the webinar, visit https://connectionology.com/
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Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations. No matter how large or small your personal injury case is, you can trust that it is important to us.