Q: Is the mall responsible for injuries that occur in an escalator accident?
A mall potentially could be liable for injuries that occur in an escalator accident when victims file a premises liability case. However, it may be possible to hold more than one party responsible, depending on the circumstances.
The Mall’s Liability for an Escalator Accident
The mall is accountable for injuries that take place on its premises. So if the case establishes that an escalator caused injuries, the claimant then would need to prove the mall's property managers acted in a negligent manner.
One example is when an escalator isn’t working, yet there are no barricades or signs warning not to use it. Or if it malfunctions because of a broken part, resulting in injuries, the mall owner likely would be liable.
The mall may argue that the injured person caused the accident; for instance, by running down the steps of the escalator. Because of this, it’s critical to prove the source of the problem was the mall.
Of course even if the mall is found liable, any negligence on behalf of the injured person may affect the amount of damages recoverable. Let’s say the person was walking backwards on the elevator, but a mechanical failure still caused the accident. The mall isn’t exempt from responsibility, but compensation could be reduced.
Others Parties’ Liability for an Escalator Accident and Injury
Liability may extend to others. For instance, if an accident was caused by a defect in the design of the escalator, which may cause a mechanical failure, the manufacturer also could be held responsible. If the company hired to maintain the escalator failed to inspect or fix a problem on the escalator properly, it also could be liable.
These types of cases can be complicated, especially when it comes to determining responsibility. Contact an attorney at the Law Office of Jason R. Schultz if injured on an escalator. We can determine the viability of a case and the types of damages that may be available.