Who Is At Fault If Your Hurt Yourself on An Escalator in Arkansas?
Escalator accidents happen often in Arkansas. Many attorneys in the area have special sections of their practice focusing on personal injury lawsuits from escalator accidents. In the United States, 31 people were killed and 17,000 people were injured from malfunctioning escalators and elevators according to the National Institute for Occupational Safety and Health. This is a high rate of injury that could be reduced or prevented if escalators were always well maintained. The injuries sustained from a faulty escalator can cause irreversible damage to your body and life.
Determining who is at fault for the escalator accident and asserting your right to recovery in a court of law can give you peace of mind and monetary relief after an accident. Whether your accident was caused by slippery escalator steps, faulty mechanics, poor maintenance, unlicensed escalator repairmen, or normal wear and tear on the machinery the Law Practice of Ken Kieklak can help. TO schedule a free and private legal consultation call (479) 316-0438 today.
Type of Escalator Accidents
Escalator users can fall down an escalator, get clothing or body parts stuck in the machinery or even injure another person if the escalator has made a sudden stop. Children are at high risk for getting injured on escalators because they like to play on the machine while it’s moving. Children can easily fall on escalators or get smaller body parts trapped in the gaps in the escalator. It is your duty as a parent or guardian to monitor your children as you ride the escalator to prevent injury to yourself and others.
The Arkansas Department of Labor has strict regulations regarding the upkeep and maintenance of escalators by building management. For clarity, the Elevator Safety Board in the Arkansas Department of Labor defines an escalator as “a power-driven, inclined, continuous stairway or runway used for raising or lowering passengers.” Escalators are used all over Arkansas to help patrons travel between floors of a building. Escalators are identified as common carriers holding the maintenance of these machines to a higher standard.
To prevent escalator accidents, building management has a high duty of care to keep escalators in working order. Management is required to only use licensed escalator repairmen to upkeep the escalators on the premises. Faulty machinery must be replaced in a timely fashion to prevent accidents as well. If building management is negligent, you may be able to find fault in a personal injury lawsuit.
Proving Fault in Your Escalator Accident Injury Case
To establish fault in an escalator personal injury lawsuit, you must legally establish a premises liability case in most cases. Premises liability actions occur when the property owner has been negligent in making the premises safe for inhabitants or visitors. If you find fault that management has been negligent in maintaining the escalator, you may have enough evidence to bring a lawsuit to court.
IF the elevator is defective, you may also establish a strict liability case to prove fault in an accident. Black’s Law Dictionary defines strict liability as “liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.” Here, the building management owes a strict duty to you to make the escalator safe for all passengers. They may automatically be determined to be at fault by the court.
Attorneys Handle Your Case from Start to Finish
Once you have hired a competent escalator accident attorney in Arkansas, they will begin investigating your case. Many times attorneys turn to the escalator maintenance records and reports to check if the escalator has been serviced correctly. They may also contact the escalator repairman company to make sure they are licensed and have past all of their certifications to properly work on escalators in Arkansas. You can help by taking pictures after the accident of injuries and where the accident occurred.
You may also find fault in the particular design of the escalator in a lawsuit. According to Consumer Watch, Montgomery Escalator, Westinghouse Elevator Company and Schindler Elevator Company have all faced significant lawsuits for their faulty escalator designs. Research the manufacturer and date of creation for the escalator involved in your accident. Escalators made before 2002 may not be safe and compliant with current escalator regulations.
Rely on Our Escalator Injury Legal Experience
For more than 20 years, Fayetteville AR personal injury lawyer Ken Kieklak has fought on behalf of Arkansans injured by dangerous conditions and defective products. To schedule a free and private legal consultation contact the Law Practice of Ken Kieklak by calling (479) 316-0438 or contact us online.
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