Who Do I Sue if I Was Injured on an Escalator in New York City?
Many New Yorkers use escalators daily. In fact, according to the New York City Buildings Department, there are more than 70,000 elevators and escalators throughout the city. Escalators may be found in many types of commercial buildings, as well as in the subways and at train stations. They are also common in shopping malls, airports, hotels, and many other locations. City codes and regulations are meant to ensure that escalators are regularly inspected and kept in working condition. However, escalator accidents still occur regularly due to negligence.
Suing for Escalator Injuries
Knowing who to commence a lawsuit against for your escalator injury can be complicated. There is a “duty of care” required of the party who is responsible to keep the escalator in a safe condition. The law also imposes a “duty to warn” of any hazards or dangerous conditions. Depending on the facts and circumstances of your particular escalator accident, you may file suit against the owner of the building, the party responsible for the maintenance of the building, the manufacturer of the escalator, or another person or entity.
In cases where the escalator was in the subway at an MTA train station, or on city property, you may need to file suit against a city entity. In such cases, it is important to be aware that a notice of claim must be filed within ninety days from the date of the accident, or you may be forever barred from bringing a lawsuit.
A defective escalator that has broken steps, damaged handrails, or faulty machinery can be extremely dangerous. A malfunctioning escalator may stop abruptly or even reverse backward, causing an individual to fall and incur serious injuries. In addition, gaps between the steps and the sides of the escalator can cause limbs, shoes or clothing to become entrapped.
These types of occurrences are unexpected and can be traumatic both physically and emotionally. Common types of escalator injuries include:
- Soft tissue injuries
- Broken bones
- Broken teeth
- Brain injuries
Compensation for Escalator Injuries
Compensation for escalator injuries may be awarded to a plaintiff if it was found that the party responsible for its maintenance was negligent. If the person or entity responsible for the maintenance of the escalator knew of a dangerous condition — or should have known about it –they may be held liable for injuries you sustained as a result of their failure to make the necessary repairs, or for failure to warn you of the hazard.
Escalator injuries can be significant and cause you to incur extensive medical bills, as well as lose time from work. Depending on the facts of your case, you may be entitled to a settlement or an award of damages for unreimbursed medical expenses, lost wages, future medical expenses, loss of consortium, and pain and suffering. In certain cases, punitive damages may be awarded.
Contact a Personal Injury Attorney
It is important to contact a personal injury attorney immediately following an escalator accident as there are strict statutes of limitation that begin running from the day of the accident. A personal injury attorney experienced in handling escalator injuries can advise you of your legal rights and remedies and help obtain you the compensation you deserve.
Scott Baron & Associates, P.C. has been helping victims of escalator accidents obtain the maximum compensation they are entitled to under the law for nearly three decades. With offices located in Howard Beach, Queens and Yonkers, Scott Baron & Associates represents clients in personal injury actions throughout New York City and the surrounding areas. Call today to schedule a consultation.
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