Escalators are so common in shopping centers, transit stations, airports, department stores, and hotels that most people step onto them without considering what could happen if the machinery malfunctions. When someone is injured on an escalator in California, determining liability may be more complicated than simply identifying who owns the building, because depending on what caused the accident, responsibility could fall on the property owner, the business operating the escalator, a maintenance company, and even a manufacturer.
Why Do Escalator Accidents Happen?
An escalator accident does not necessarily mean that somebody was negligent. A person may lose their balance or fall even when the equipment is functioning correctly. However, mechanical problems and unsafe property conditions can significantly increase the risk of an accident. In fact, some of the most common potential causes include:
Sudden starts or stops
Uneven, loose, or damaged steps
Broken or improperly synchronized handrails
Excessive gaps between moving steps and stationary components
Defective comb plates at the top or bottom of the escalator
Missing or damaged safety guards
Clothing, shoes, bags, or body parts becoming trapped
Improper repairs or maintenance
Electrical or mechanical failures
Slippery escalator steps or landing areas
Objects or debris left on the escalator
Failure to shut down an escalator after discovering a dangerous condition
Defective design or manufacturing
Who Can Be Liable for an Escalator Accident?
When it comes to escalator accidents, there is no single party automatically responsible for every single accident. However, liability will depend on who owned, operated, maintained, installed, or manufactured the escalator and what specifically caused the injury.
The Property Owner
The owner of a shopping center, hotel, office building, airport facility, or another property may be responsible when an escalator becomes dangerous because the owner failed to adequately maintain it on their property.
According to the California Division of Occupational Safety and Health's Elevator Unit, building owners are responsible for maintaining these conveyances and keeping their operating permits current. Any failure to do so will result in them being liable for any damages or injuries a visitor has suffered.
The Business Operating the Escalator
Sometimes the company occupying the property is different from the company that owns the building. For example, a department store leasing space inside a shopping mall may have an escalator even though another company owns the property. In these situations, California law is very particular in terms of how it is handled because courts have treated escalators carrying customers as common carriers.
For example, In Hendershott v. Macy's (1958), a California appellate court concluded that there was no reason an escalator operator should be held to a lower standard than an elevator operator and applied the heightened common-carrier standard. This standard does not mean a store is automatically responsible whenever someone falls. However, it can impose a significantly greater duty of care than ordinary premises liability.
The Escalator Maintenance or Repair Company
Many property owners contract with specialized elevator and escalator companies to inspect, maintain, and repair their equipment. If the accident resulted from negligent maintenance such as failing to identify worn components or not repairing damaged parts properly, then the service company may share liability.
Are Escalators Considered Common Carriers in California?
California courts treat escalators as common carriers since they are used to transport passengers from one location to another. In fact, California Civil Code Section 2100 requires the owners/operators of these carriers to exercise the utmost care and diligence for their safe carriage.
Furthermore, the court established precedence in Vandagriff v. J.C. Penney Co. (1964) where they described a department-store escalator as a common carrier and explained that the store was required to exercise heightened care toward riders.
Can a Store Be Liable If It Did Not Know the Escalator Was Broken?
A store may argue that it had no knowledge of the defect before the accident. However, liability does not always depend solely on whether someone actually reported the problem. In fact, an investigation may look at whether the defendant should have discovered the dangerous condition through reasonable inspections, maintenance, or monitoring. If there is any evidence that shows that a dangerous condition existed long enough that it should have been discovered, it can become important in determining negligence.
What Should You Do After an Escalator Accident?
After receiving necessary medical attention, the steps you take after an accident are the most important. With that in mind, it is vital to take the following steps to preserve evidence surrounding the accident and to lay the foundation for your personal injury claim:
Report the accident to the business or property owner.
Ask that an incident report be created.
Photograph the escalator and surrounding area.
Record the escalator's identification or permit information when available.
Collect contact information from witnesses.
Keep the shoes and clothing you were wearing during the accident.
Avoid repairing or discarding damaged belongings that may be evidence.
Document your injuries and medical treatment.
Request preservation of surveillance footage and maintenance records.
Consider speaking with a California personal injury attorney before giving detailed statements to insurers or other companies involved.
Preserving evidence quickly can be especially important because the escalator may be repaired and returned to service shortly after the incident and other forms of evidence like surveillance footage may be erased due to its settings.
Injured in an Escalator Accident? Speak With Frank Penney Injury Lawyers Today
An escalator accident can look like a straightforward premises liability case until maintenance records, inspection reports, and equipment history reveal a more complicated picture. If you or a loved one was injured in an escalator accident, it is crucial to seek legal representation to ensure your rights are protected. At Frank Penney Injury Lawyers, our firm understands how complex these accidents can be and are committed to fighting for your rights so you can get the compensation you rightfully deserve
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.