Using an elevator or escalator should never feel risky to your health and well-being. Yet, for thousands of people every year, accidents happen, causing serious physical injury, emotional trauma, and financial loss.
At Seigel Law, personal injury lawyers in New Jersey protect victims of these accidents by providing comprehensive legal support and guidance to help you fight for fair compensation. Request a free consultation. Trust our escalator accident lawyer in New Jersey to protect your rights. We have recovered over $500 million in compensation for our clients through settlements and verdicts. Let us help you.
Understanding Escalator Accident Liability in New Jersey
It is essential to hire an NJ escalator injury attorney if you suffered serious injuries or losses after an accident. These cases are complex and often require extensive research to determine who is at fault.
In most situations, property owners owe every visitor a reasonably hazard-free environment. If an escalator is not working, they must warn people not to use it. If they know of a problem, they should prevent people from being at risk. This falls under New Jersey premises liability law, specifically NJ Rev. Stat. § 2A:42A-8.1.
However, sometimes the property owner is not the only party at fault. Other parties may also be accountable. Our elevator and escalator accident attorney in New Jersey will investigate the circumstances of your case and pursue legal action against those at fault.
Common Causes of Escalator Injuries in Malls, Transit Hubs, and Public Buildings
Escalator accidents can happen without warning. Whether you are in a mall, transit hub, public building, or another location, these incidents can happen without warning and cause serious injury. Some of the most common causes of elevator accidents include:
- Sudden acceleration and stops — Control system problems can cause an elevator car to reach an unsafe speed, and brake failures can make it stop abruptly. Some of the worst accidents have occurred when a cable is damaged or snaps completely.
- Door entrapment — When you get on or off an elevator, there are actually two sets of doors that open and close. One set is on the elevator, and the other is on the landing. These doors are designed to reopen when someone is in danger of being struck, but if either set fails to operate correctly, a passenger could be trapped.
- Improper maintenance — New Jersey requires annual elevator inspections, but many of these machines are decades old, so maintenance should be a daily responsibility. Overlooking even one potential hazard could harm numerous riders.
- Safety device failure — Temperature, humidity, electrical problems, wear and tear, computer bugs, poor manufacturing, and other factors can cause elevator parts intended to keep passengers safe to fail.
No matter what precipitated the injury in your case, our firm will conduct an exhaustive investigation to find out what led to the accident and who should be held liable for the resulting damages. We also handle cases involving injuries on escalators, scissor lifts, and other equipment.
Establishing Premises Liability and Maintenance Negligence Under NJ Law
Most elevator and escalator accidents fall under premises liability law. This law states that property owners and managers must take reasonable steps to ensure the safety of their environment or warn of risks.
To establish this, we must gather information about what occurred. We look at the following:
- Eyewitness information
- Medical records
- Documentation of maintenance and upkeep of the elevator or escalator
- Documentation from the New Jersey Department of Community Affairs – Elevator Safety Unit demonstrating proper inspections (or failure of them)
- Statements from victims and those at the location
- Insight from mechanics and industry experts to explain the failure
We gather as much information as possible to build a clear picture of where the failure occurred. This information may demonstrate that the property owner knew of the risk or should have known of the risk, and they failed their duty of care to keep you safe. Our NJ escalator injury attorney can seek legal action against those at fault.
Who Is Responsible? Property Owners, Maintenance Contractors, and Manufacturers
Responsibility for elevator and escalator injuries is dependent on the cause of the accident and the surrounding circumstances. Expect our escalator accident lawyer in New Jersey to seek as much information as possible to determine all parties involved. The following are commonly those at fault in these incidents.
The Owner
Property owners may be responsible for the incident as they have the highest duty of care to protect visitors from injury. Improper use, maintenance, and upkeep of the elevator or escalator could fall on their shoulders.
Note that sometimes property owners are not the store itself. Many times, retailers and other providers lease space from property owners. In these cases, either party, the operator or the owner of the structure, could be responsible depending on the circumstances.
Maintenance Companies
Maintenance failures often create these risks, as noted by the Elevator Escalator Safety Foundation (EESF). Owners may be responsible for routine maintenance, such as cleaning and inspecting for debris or damage. However, third-party licensed maintenance companies handle preventive maintenance and care for these systems. These professionals could be liable if they fail to do so safely.
Manufacturers
In some cases, escalator or elevator failures stem from the system’s design or manufacturing. In those cases, the manufacturer could be held liable for injuries resulting from the accidents. Our team will bring in industry experts to determine whether design or manufacturing errors caused your injuries and losses.
Types of Severe Injuries Resulting from Escalator Malfunctions and Sudden Stops
You may have the right to pursue legal action against any at-fault party for the losses you can demonstrate stem from their negligence. If you received medical care for injuries after an accident on an escalator or elevator, speak to our attorneys about your incident. Some of the most common injuries we see in these accidents include the following:
- Head trauma, including concussions and other traumatic brain injuries
- Broken bones, including skull, legs, arms, hips, and ribs
- Muscle strain and damage from sudden stops
- Joint damage from sudden stops, especially in the back and neck
- Lacerations, sometimes requiring extensive surgery
- Amputations for serious injuries to limbs
- Crushing accidents resulting in complex fractures and organ damage
After an accident involving an escalator or elevator, get medical care even if you feel okay. Concussions and internal bleeding are not always immediately evident, but could be causing serious injury and life-threatening complications. You may be owed compensation through an elevator and escalator accident lawsuit in NJ.
Steps to Take Immediately After an Escalator Accident in New Jersey
After an escalator or elevator accident, your primary focus must be getting medical care. Take a moment to move out of the way of further harm, if necessary, and check on others if you can do so. When possible, take the following steps after that point:
- Call 911 to report your need for medical care. In a large-scale emergency, where multiple parties are hurt, request police presence as well. Alert the manager or property owner of the incident. They may require an incident report.
- Document everything you can safely. That includes taking photos of the location, injuries, and debris. This information could help determine what happened later.
- Get the name and contact information of all parties that helped or witnessed the accident. Their information may be important later.
- Go to the hospital immediately after the accident for a full examination. Make sure to explain what occurred. Follow all of your doctor’s recommendations for evaluations and medical care. Keep your follow-up appointments.
- Keep your photos and any other damaged belongings you have from the incident.
- Stay off social media. Do not post about the incident or your injuries. Avoid making any statements about fault or what occurred. What you say here could later be used against you if taken out of context.
Speak to an NJ escalator injury attorney as soon as possible. We recommend letting our legal team handle all conversations with the insurance company and document your injuries. Avoid making any statements without an attorney by your side.
Do not trust that an insurance company is working on your behalf. In most cases, they are working to minimize any compensation paid to you. Let our legal team handle the process.
How Seigel Law Investigates Maintenance Logs and Secures Maximum Recovery
At Seigel Law, we take pride in fighting for our clients and their rights to fair compensation after devastating accidents like this. If an accident on an escalator or elevator required medical care, contact our team to begin an investigation. We will do all of the following for your case:
- Gather evidence to determine who is at fault, preserving all critical evidence in your case
- Calculate all of the losses you have from the incident
- Build an evidence-based claim that makes it clear what the insurance company should pay you
- Negotiate with the insurance company for fair compensation
- Go to court if the insurance company is not providing fair compensation for you
Along the way, we listen, guide, and support you throughout this process. We represent clients with all types of injuries throughout the state. Visit our practice area page to learn more and request a free consultation.
Frequently Asked Questions
Can I sue a shopping mall or building management for an escalator accident in New Jersey?
You may be able to file an elevator and escalator accident lawsuit in NJ against the shopping mall or building management company if you can demonstrate they were negligent. Property owners and management companies owe you a duty of care to keep their environment safe for visitors.
What happens if a mechanical failure or sudden stop caused my escalator injury?
In situations where a mechanical failure or sudden stop causes you to suffer injuries, seek medical care and document the incident. You may have the right to pursue legal action against those at fault, such as the property owner, management company, maintenance company, or other parties who failed to install, maintain, or use these systems. Our escalator malfunction injury lawyer in New Jersey will gather evidence to determine who is at fault.
How long do I have to file an escalator accident claim under New Jersey law?
Victims of premises liability claims, including escalator and elevator accidents, typically have to file a claim within the New Jersey statute of limitations. This is two years from the date of the accident. If you wait beyond this time, you may be barred from filing a complaint and recovering damages. We encourage you to contact your escalator malfunction injury lawyer in New Jersey sooner so we can conduct a proper investigation.
What damages can I recover in a New Jersey escalator injury lawsuit?
Victims of an escalator or elevator accident can seek compensation for any economic or non-economic losses they suffer as a result of the negligence of others. Some of the damages you can recover in an elevator and escalator accident lawsuit in NJ may include:
- Current medical bills including hospitalization, surgeries, medications, and treatment
- Future medical care you need, such as rehabilitation or follow-up care
- Loss of income because you were unable to work for a period of time
- Pain and suffering
- Reduction of future earnings or ability to earn due to disability
- Emotional trauma and mental anguish
Your losses depend on the severity and type of injuries you have and your attorney’s ability to build a comprehensive claim backed by evidence. If your loved one lost their life in an elevator or escalator accident, or is facing cognitive function decline, contact us immediately for help. Our attorneys will help you get the care and support you and your family deserve during these difficult times.
Request a Free Consultation from Our Escalator Malfunction Injury Lawyer in New Jersey
Seigel Law’s personal injury attorneys have protected the rights of injury victims since 1976. We have decades of combined experience, and our results show we have recovered millions in settlements and verdicts.
If you have been hurt, let our elevator and escalator accident lawyer in New Jersey fight for the compensation you deserve. Set up a free, no-obligation consultation to review your case with our team today.