If you were injured in an escalator accident in California, you may have a strong personal injury case based on premises liability, product liability, or even negligent maintenance—depending on what caused the accident. Escalators are considered common carriers in California law, meaning they are held to a higher standard of care than most property features. Property owners, maintenance companies, and manufacturers can all potentially be held liable if an escalator malfunctions or is unsafe.
🛠️ Common Causes of Escalator Accidents
Escalator accidents can result from many issues, such as:
- Sudden stops or jerks
- Clothing, shoes, or body parts getting caught in the mechanism
- Broken or missing teeth on the escalator comb plate
- Handrail malfunctions
- Loose or uneven steps
- Slippery or wet surfaces
- Escalators stopping or reversing direction suddenly
- Overcrowding or lack of supervision in high-traffic areas
🤕 Common Injuries from Escalator Accidents
These incidents can cause serious physical trauma, including:
- Broken bones or fractures
- Head injuries or concussions
- Lacerations or deep cuts
- Crushed fingers, toes, or limbs
- Back and neck injuries
- Spinal cord injuries
- Psychological trauma (especially in children)
🧑⚖️ Who Can Be Held Liable?
Depending on the cause of the accident, several parties may be liable:
1. Property Owners or Managers
- Responsible for maintaining safe premises, including regularly inspecting and servicing escalators.
- May be liable if they failed to fix a known issue or ignored warning signs.
2. Escalator Maintenance Companies
- If a third-party company was hired to inspect or maintain the escalator and did so negligently, they can be held accountable.
3. Escalator Manufacturers or Installers
- If a defective design or manufacturing issue caused the accident, the manufacturer or installer could be liable under product liability laws.
🧩 Proving Negligence in an Escalator Injury Case
To successfully claim compensation, you’ll need to show:
- Duty of Care: The at-fault party (property owner, manufacturer, etc.) had a duty to ensure the escalator was safe.
- Breach of Duty: That duty was breached—for example, they failed to inspect or repair the escalator or used faulty parts.
- Causation: That breach directly caused your injury.
- Damages: You suffered actual harm—such as medical expenses, lost wages, or pain and suffering.
📁 Key Evidence to Collect
Strong evidence can make or break your case. Consider gathering:
- Surveillance footage (many escalators are in malls, airports, or train stations with cameras)
- Photos/videos of the escalator and the injury
- Incident reports (filed with the property owner or police)
- Maintenance and inspection records (can show negligence or skipped inspections)
- Witness statements
- Medical records linking your injury to the accident
💰 What Compensation Can You Recover?
If your claim is successful, you may be entitled to:
✅ Economic Damages
- Medical expenses (including future care)
- Lost wages and lost earning potential
- Rehabilitation or therapy costs
✅ Non-Economic Damages
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life
⏳ California Statute of Limitations
In most California personal injury cases, you have 2 years from the date of the accident to file a lawsuit.
- If a government entity is involved (e.g., accident at a public transportation station), you must file a government claim within 6 months.
Failing to meet the deadline can result in losing your right to recover compensation.
👨⚖️ Should You Hire a Lawyer?
Yes—escalator injury claims often involve multiple liable parties and complex technical evidence. A skilled California personal injury lawyer can:
- Investigate the root cause of the malfunction
- Identify all liable parties
- Secure critical evidence (e.g., inspection logs, footage)
- Negotiate with insurance companies
- Take your case to trial if needed
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].