Have you suffered an injury using an escalator or travelator? A slip, trip or fall in public can be embarrassing, painful, and may cause some injuries. In many cases we are not looking where we are going and stumble of our own accord. But if your injury on an escalator was caused by the negligent operation of the premises the escalator is on, you may be able to claim compensation for the costs arising from your injury.
A property owner or operator has a duty of care to make sure that their premises are fit for your use. What this duty of care entails is that all surfaces need to be safe and free of trip hazards. Owner and operators also need to ensure that all equipment is in good working order.
If an escalator is malfunctioning, the owner or operator of the property has not repaired it or taken it out of operation, and you are injured, you may be able to claim compensation for your injury from the property owner or operator.
You can claim for injuries suffered in public places as a result of someone else’s negligence. There are certain elements that must be established before you can claim for personal injury, and a consultation with a compensation lawyer can be a helpful way to find out where you stand.
In most cases we will hop onto an escalator and not give it a second thought. An escalator is a convenient and simple way to get up and down between levels in a shopping centre, airport, or office building. What can sometimes happen is that we will be carrying luggage, shopping, strollers, or any number of items. We could be distracted by something or simply not paying attention. Due to the moving parts on an escalator there are a number of ways in which you can become injured.
It can be a bit tough to know when you are able to claim for injury suffered in a public place; it can be helpful to read an example and work out whether these situations apply to you.
Example: Linda is riding an escalator with her daughter when it malfunctions, shutting down suddenly. She is thrown forward and breaks her arm when she falls over. Luckily, her daughter is uninjured. The shopping centre where the escalator is located knew about this fault but had not done anything to fix it so far. Linda could claim any expenses related to her injury.
Example: Gerald is riding an escalator to catch the train with his friends. He has been at dinner and had some wine, so he suggests sliding down the middle of the escalator. He hits his arm and fractures his wrist on the way down. Due to the role Gerald has played in his improper use of the escalator he will not be able to claim compensation for his injuries.
Sadly, many of the injuries that happen on escalators and travelators -about 10,000 a year- are caused by people not paying attention or using the escalators or travelators in a way that is not responsible use. To protect yourself against injury you should follow some key safety steps:
If you have been injured while riding an escalator you are not automatically entitled to claim the cost of any injury you have suffered. The principles of personal injury law do apply. A lawyer would need to establish that there is a duty of care owed by the owner or operator of the escalator or travelator which has been breached, resulting in injury. It can be tough dealing with the aftermath of an injury so if you are injured and it happened on a travelator or escalator it may be best to seek legal advice so you can start by understanding your rights, risk-free.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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