You're shopping in the mall when suddenly, the escalator jolts violently beneath your feet. In a split second, you're knocked off balance and tumbling down the metal stairs. Accidents like this happen far too often—and they're almost always preventable.
If you or a loved one suffered injuries on a poorly maintained elevator or escalator, the dedicated premises liability attorneys at Kirshenbaum & Kirshenbaum are here to help. We understand the physical, emotional, and financial toll that an unexpected accident can take on your life. That's why we're committed to holding negligent property owners accountable and ensuring our clients receive the full compensation they deserve.
How Often Do Elevator and Escalator Accidents Occur?
While elevators and escalators may seem like everyday conveniences, they're actually sophisticated machines that require diligent upkeep and regular inspections to function safely. Unfortunately, many property owners view this critical maintenance as an unnecessary expense—until tragedy strikes. Consider these sobering statistics:
- Elevators seriously injure about 17,000 people annually
- Escalators cause nearly 10,000 injuries requiring emergency care each year
- Elevator and escalator accidents kill about 30 people per year
Common Causes of Elevator and Escalator Injuries
Mechanical breakdowns and inadequate maintenance lie at the heart of most elevator and escalator accidents. Some of the most frequent issues include:
- Faulty wiring that causes sudden stops or acceleration
- Uneven steps or missing teeth on escalators
- Door malfunctions that cause passengers to trip or fall
- Improper leveling that leaves hazardous gaps between the elevator and the floor
- Worn-out motors, brakes, or other mechanical components
Who Is Responsible for Elevator and Escalator Safety?
In Rhode Island, property owners have a legal duty to ensure that their elevators and escalators are adequately maintained and safe for public use. In legal terms, this is referred to as the "duty of care."
To fulfill this duty, property owners must perform regular maintenance, conduct safety inspections, and promptly address any hazards or mechanical issues that may arise. When property owners fail to take these critical steps, innocent people can suffer life-altering injuries.
The Role of Elevator and Escalator Maintenance Companies
Many property owners outsource elevator and escalator upkeep to specialized maintenance providers. These companies have a duty to perform their work in accordance with industry standards and manufacturer guidelines. Maintenance technicians must be properly trained, equipped, and supervised to ensure that all safety protocols are followed.
If a maintenance company's negligence contributes to an elevator or escalator accident, they may also be liable for the victim's injuries. A skilled premises liability attorney will thoroughly investigate the cause of the accident to identify all responsible parties.
Establishing a Breach of Duty in Elevator and Escalator Accidents
To hold a property owner liable for an elevator or escalator injury, you must prove that they breached their duty of care. This typically involves demonstrating one or more of the following:
- The property owner knew or should have known about the dangerous condition
- The property owner failed to perform reasonable inspections to identify potential hazards
- The property owner did not make the necessary repairs or maintenance in a timely manner
- The property owner did not provide adequate warning of the risk to visitors
Uncovering the Evidence to Build Your Case
Gathering evidence of a breach of duty often requires subpoenaing maintenance records, inspection reports, internal communications, and video surveillance footage. This evidence can reveal the property owner's failure to address known hazards and disregard for passenger safety. A skilled attorney will work to uncover this critical documentation before the property owner can conceal or destroy it.
An experienced premises liability lawyer will also identify all possible sources of compensation for your injuries, including the property owner, the elevator/escalator manufacturer, and third-party maintenance providers. Depending on the circumstances, you may have a claim against multiple parties whose combined negligence contributed to the unsafe conditions.
Damages You Can Recover in an Elevator or Escalator Accident Claim
Elevator and escalator injuries can range from broken bones to traumatic brain injuries, spinal cord damage, and even wrongful death. If a property owner's negligence has caused harm to you or a family member, you may be entitled to compensation for:
- Past, current, and future medical bills
- Lost wages and reduced earning potential
- Pain and suffering
- Scarring and disfigurement
- Disability or permanent impairment
- Mental anguish and emotional distress
Legal Advocacy Matters After an Escalator or Elevator Injury
When you're recovering from serious injuries, the last thing you need is the stress of fighting with insurance companies. An experienced premises liability attorney will:
- Investigate the accident thoroughly to uncover critical evidence of negligence
- Interview witnesses and consult with experts to build a compelling case
- Handle all communication with insurance companies and property owners
- Negotiate aggressively for a fair settlement that meets your needs
- Take your case to trial if the responsible parties refuse to pay what you deserve
Let the dedicated legal team at Kirshenbaum & Kirshenbaum handle the details so you can focus on healing. We've been standing up for injured Rhode Islanders for over 40 years, and we have the knowledge, resources, and tenacity to take on the most complex elevator and escalator accident claims. We're here to listen to your story, explain your rights, and fight for the full compensation you deserve.