Escalator & Elevator Injuries
As is true with any machine, escalators and elevators, must be property designed and maintained to protect the safety of persons who are reasonably expected to use them. Design failures of these machines can result in liability for resulting injuries to the user. Likewise, the failure to properly maintain the equipment can also be the cause of the injury and impose liability for that injury on the offending party. There are strict building and product codes as well as regulations relating to maintenance of these machines due to the recognition that large numbers of people will routinely utilize the escalator or elevator. Proper instructions and warning labels are required for escalators and elevators. Failure to properly warn may be found to be the cause of the accident or the injury.
Children are particularly exposed to injury on escalators. Catching clothing, falls, and having feet and hands jammed in the equipment are some of the dangers associated with children and escalators. Adult supervision is an element to be considered in these kinds of accidents. Reported malfunctions, quick kill buttons and emergency notification are also important aspects in the design and maintenance requirements associated with elevators and escalators.
In most jurisdictions, periodic inspections by the city or state are required. These inspections are not guarantors of the absence of the design or operational flaw. Generally, the government entity is not legally liable for faulty inspections. The manufacturer and owner/operator of the equipment has the legal responsibility to install and maintain the equipment. When the elevator or escalator is installed by a third party or the maintenance of the elevator or escalator is handled by a third party vendor, then legal liability may also extend to that entity.
At Carlson, Meissner, Hart and Hayslett, our lawyers have represented victims of elevator and escalator accidents in Florida. We have the knowledge to carefully investigate the cause of the accident and assess liability.
The personal injury attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in personal injury cases in Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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