If a person’s shoe gets caught in an escalator in California, leading to injury, it may be the basis for a personal injury claim under one or more of the following legal theories:
🔹 1. Premises Liability (Negligence)
Under California law, property owners and managers (like malls, department stores, or public facilities) have a legal duty to:
- Maintain equipment (including escalators) in a safe working condition.
- Inspect and repair known or foreseeable hazards.
- Warn users of dangers if immediate repair is not possible.
If the escalator was:
- Damaged or poorly maintained (e.g., missing teeth, exposed edges),
- Improperly functioning, or
- Lacked adequate safety signage,
then the owner/operator may have breached their duty of care, making them liable for the injuries.
🔹 2. Product Liability (if due to Escalator Defect)
If the injury was caused by a design or manufacturing defect in the escalator, or a failure to include proper safety mechanisms, a product liability claim might be possible against the manufacturer or maintenance company.
Examples include:
- Escalator gap too wide (shoe gets sucked in),
- Missing or worn brushes/safety skirts,
- Sudden jerky stops or misaligned steps.
In product liability cases, the injured person does not need to prove negligence, only that the escalator was defective and dangerous when used as intended.
🔹 3. Potential Liable Parties
- Mall owner or property manager (for maintenance and safety oversight)
- Escalator manufacturer
- Third-party maintenance contractor
- Retail tenant (if escalator is part of their leased space)
🔹 Damages You Can Recover
If successful, the injured party may recover for:
- Medical expenses
- Lost wages
- Future medical care or rehabilitation
- Pain and suffering
- Disfigurement or scarring (common in escalator injuries involving feet)
🔹 Evidence to Strengthen the Case
- Photos of the escalator and the shoe after the incident.
- Surveillance video (common in malls).
- Incident report filed with mall or store management.
- Witness statements.
- Maintenance records of the escalator.
- The damaged shoe itself as physical evidence.
🔹 Statute of Limitations
- 2 years from the date of the incident to file a personal injury claim in California.
- If the claim involves a public agency (e.g., airport escalator), you must file a government claim within 6 months of the injury.
✅ What to Do Next
- Seek medical treatment right away.
- Preserve evidence (shoes, clothing, photos, videos).
- File an incident report immediately.
- Get contact information of any witnesses.
- Contact a personal injury attorney
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”]].