Escalators are just one of many modern luxuries that most of us take for granted. Unlike elevators, if an escalator stops working, it still serves its primary purpose, as you can still walk up or down stairs the old-fashioned way. However, escalators do require extensive maintenance and, if they don’t receive that upkeep, people can be easily and seriously injured as they attempt to use them. If you are one such person, you should consult with an NYC escalator injury lawyer immediately to determine your eligibility for compensation.
When you need a good lawyer after suffering a terrible injury, there is no better law firm to serve your needs than Kaplan Lawyers PC. Contact us today at (516) 399-2364 to speak to an experienced escalator accident attorney.
What Causes Escalator Accidents in NYC?
Escalator accidents are usually the result of a combination of two factors—human error and mechanical failure. Escalator accident claims may rely on either of these factors, depending on the circumstances of the case in question. As a general rule, all building owners are required to keep their escalators in good working order, performing any maintenance and adhering to safety measures as needed.
When a business owner fails to perform their due diligence, people can be injured by the escalator and, therefore, have the potential to pursue escalator accident claims. Should you find yourself in harm’s way while riding an escalator, an experienced NYC escalator injury lawyer will examine the circumstances of the injury you sustained and let you know whether you have a legitimate claim. They’ll do so by determining the cause of your accident and the party that is responsible based on that cause.
Human Error: Actions by the Victim
You have probably noticed warning signs telling you not to run or jump while riding an escalator. These actions are heavily advised against because they can result in serious injuries when done on or near an escalator. Typically, if someone intentionally engages in dangerous activity while on an escalator, they are responsible for the injuries they sustain as a result.
However, that isn’t necessarily always the case. The escalator owner can’t assume that everyone knows what is and isn’t safe, so they should post warning signs prominently. If they failed to do so, you might be able to receive compensation from them, even if you did do something to cause your injury. In a similar vein, suppose an escalator is in a location where children are likely to be playing (like an indoor amusement park). In that case, the business should post guards to prevent accidents and protect itself from liability.
Human Error: Property Staff
Those using the escalator aren’t the only ones who might cause their injuries, intentionally or otherwise. The property staff can also do something that leads to another person getting injured. For example, if a maintenance worker shuts down an escalator without first clearing it of riders, the sudden stop can result in someone being thrown to the ground and severely injured as a result. Such an accident is often the fault of the property owner, given that they hired the staff members who improperly performed their duties. Your NYC escalator accident lawyer would use this as grounds for a lawsuit.
As previously noted, the property owner is responsible for maintaining the safe conditions of their escalators, so even if one fails mechanically, it is still typically considered to be the fault of the building’s owner. They should have inspected it more thoroughly, repairing or replacing broken parts as necessary. Any good escalator injury lawyer in NYC will assume that an injury caused by mechanical failure was due to the negligence of the property’s owner or staff. They will need to investigate and find evidence of that negligence, but, thanks to their experience with these types of cases, they at least know where to start looking.
Why Should You Choose an Escalator Accident Lawyer from Kaplan Lawyers PC?
Experience Matters When You Need Money Quickly
Escalator accidents are often quite scary. These are metal machines that can cause debilitating injuries that themselves can be both painful and life-threatening. Many of our escalator accident claims clients are in extreme pain—and possibly constrained to a hospital bed—when they hire us. If or when you are suffering like this, you need as much support as you can get, and you most certainly need money to pay for your medical bills and other expenses as quickly as possible. The escalator accident attorneys at Kaplan Lawyers PC understand how much pain you are in and how much stress you are under. Our goal is to reduce as much stress as we can, so you can focus all your attention on your physical recovery.
An experienced escalator injury lawyer in NYC will act swiftly to collect as much evidence as possible to support your case. We know how to investigate, present our evidence to insurance companies, and negotiate for a fair settlement, which has led to our countless successes in the past. When you hire an NYC escalator injury lawyer from Kaplan Lawyers PC, you get an attorney who is compassionate and supportive during each of their interactions with you and, at the same time, they are all business when communicating with the insurers.
If you have been seriously injured in an escalator accident in New York City, you need a compassionate and experienced attorney by your side. Contact Kaplan Lawyers PC at (516) 399-2364 to schedule a free consultation today.
How to Report a Dangerous Escalator
Do Your Part to Help Prevent Injuries
If you believe that an escalator is unsafe or is operating without a valid permit, you should, of course, avoid using it and find another way to travel between floors. Beyond that, you can report the escalator as a safety hazard to the city government. All you need to do is go to the NYC311 website and fill out a short form. Though the form is primarily for escalators that haven’t been inspected or are operating without a permit, you can also use the website to report unsafe conditions, thereby helping protect you and others from a hazardous situation.
What to Expect After Suffering an Escalator Injury
The moments after an escalator accident are often overwhelming. You are more than likely in a lot of pain and just as likely being swarmed by people who claim they are trying to help. Unless there happens to be an emergency room doctor or an EMT already present in that crowd, the most help you will receive is through calling 911. The operator will send emergency personnel to your location as quickly as possible, and they can also provide basic advice as to how to lessen your risk of further harm until a medical team arrives. Strangers may think they are being helpful, but you are typically better off getting help from professionals.
Furthermore, if you were hurt in a store, there is a good chance that a representative of that business might show up quickly to get you to sign something that indemnifies them from any responsibility. They may even offer you money for your signature. Regardless of what anyone says, never sign anything or accept any offers. Your legal options will drastically diminish if you do so. Instead, just direct anyone who tries to speak with you to talk to your NYC escalator accident lawyer. Even if you don’t have an escalator accident attorney yet, doing so is the smart way to approach the situation, and you can retain a lawyer soon enough.
In fact, once you have been medically evaluated and are certain that you are out of immediate danger, calling an escalator injury lawyer in NYC should be your next action. The sooner you contact an attorney, the more likely it is that you will get fair compensation for your case because it gives your lawyer more time to investigate. In addition, if you call immediately after the accident, it will be fresh in your mind, making it easier for you to answer any questions your attorney has regarding the events leading up to your injury.
Once the immediate danger has passed and you have hired a lawyer, you will begin playing a bit of a waiting game. Your NYC escalator injury lawyer will spend the next few weeks investigating your case and communicating with the insurance company of the responsible party. You won’t need to do much during this time, aside from possibly answering a few questions, but the lull means you can spend your energy recovering from your injury.
Don’t worry about ever being left in the dark. If you have hired a personal injury lawyer in Brooklyn from Kaplan Lawyers PC, you will receive regular updates so you know exactly how your case is progressing. Cases regarding escalator accident claims typically end with a settlement from the insurance company, which means you will be paid enough money to cover your expenses and possibly more on top of that, depending on how egregious the behavior of the other party was.
Before starting the legal process, you should ask your lawyer about anything that confuses you. The following are some common questions we get at Kaplan Lawyers PC:
If the insurance company offers a bad settlement, do I have to take it?
No, you are never required to accept a settlement offer. If it is a bad offer, you have the option to file a lawsuit to force the insurance company to pay you a fair amount of money. Your attorney will advise you about the soundest course of action.
I missed work due to my injury. Can I get money for the lost time?
Yes, lost hours and lost wages are two of the many factors for which you can receive money following an escalator accident. Other damages you can demand are as follows:
- Medical bills
- Cost of equipment you need to purchase for recovery
- Assistance services, like a live-in nurse or transportation services
- Pain and suffering.
Your lawyer will determine what costs and expenses you can receive compensation for.
How do I prove my losses and expenses?
You should keep adequate records of all costs and losses that you experience following your injury. Your attorney will use those records to determine the value of your case and demand at least that much money from the insurance company of the responsible party.
How long will it take me to get money from an escalator injury case?
Typically, when a case ends via a settlement, it can be anywhere between a few weeks and a few months before you get your money. However, if the case goes to trial, you probably won’t receive any money for a few years.
What should I do about my bills until I get paid by the insurance company?
If you can afford to pay them, you should, but if you can’t, tell your attorney as much. They will send a letter of intent to your creditors, which should pause your bills until your case is complete.
Can I post about my injury on social media?
You should avoid talking about your injury publicly until you have received compensation for it. Anything you say can potentially be used by the insurance company to deny your claim or as an excuse to pay you less money than you rightfully deserve.
Never be shy about asking questions at Kaplan Lawyers PC. The better you understand your case, the more likely we can get you the money you deserve.
Contact an Escalator Injury Lawyer in NYC at Kaplan Lawyers PC
If you have been injured in an escalator accident, you can’t always trust the insurance companies to do the right thing. They are only interested in making your case disappear, and they will be happy to deny a legitimate claim or offer you significantly less money than you deserve if doing so will help balance their books. Avoid getting raked over the coals by an insurance company by getting legal help from Kaplan Lawyers PC.
Protect your rights and your finances after a serious escalator injury by trusting our law firm to handle your claim. Contact us today at (516) 399-2364 to schedule a free consultation with an NYC escalator accident attorney.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]