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.
What does negligent operation of an escalator mean?
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.
Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR check if you can claim
What if I slip on an escalator and it was my fault?
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.
- Using in appropriate footwear on an escalator or travelator can cause a hazard
- Riding the escalator in a way that it is not intended (for example, riding on the handrails, jumping up the stairs) can cause injury that will likely not be compensable
When can I claim for an injury suffered on an escalator or travelator
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.
Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR check if you can claim
Preventing escalator 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:
- Ensure your shoelaces are tied when you hop on the escalator
- Stand in the middle of the step and look out for the top of the escalator
- Do not use a stroller on an escalator
- Stay away from the sides of the escalator or travellator and be ready to exit the escalator or travelator when you are done.
Claiming for the cost of injury sustained through riding an escalator
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.
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