Code Violations: Injury Claims for Escalator Accidents and Safety Codes

Each day, millions of people ride escalators in shopping malls, airports, and public transportation hubs without a second thought. While generally safe, escalators can pose significant risks if they are not properly maintained or if safety codes are violated. Escalator-related incidents lead to approximately 17,000 injuries and, tragically, around 30 deaths each year in the United States. When these accidents occur, understanding the role of code violations and how they relate to injury claims is crucial.

Understanding Escalator Safety Codes

Escalators are subject to numerous safety codes and regulations designed to ensure passenger safety. These codes cover various aspects of escalator design, installation, maintenance, and operation. Key organizations that set these standards include:

ASME (American Society of Mechanical Engineers): ASME A17.1/CSA B44 is the Safety Code for Elevators and Escalators, serving as a basis for design, construction, installation, operation, testing, inspection, maintenance, alteration, and repair of elevators, dumbwaiters, escalators, moving walks, and material lifts.
OSHA (Occupational Safety and Health Administration): OSHA sets standards for workplace safety, including requirements for escalator maintenance and inspection. OSHA requires escalators to receive a thorough inspection at least once a year.
State and Local Regulations: Many states and cities have their own specific regulations for escalators, often based on or incorporating national standards like ASME A17.1. Some jurisdictions may require more frequent inspections than the annual requirement set by OSHA.

These codes address critical safety features and operational requirements, such as:

Emergency stop buttons at both upper and lower landings
Properly functioning handrails
Skirt brushes and deflectors to prevent clothing entrapment
Comb plate safety switches to detect obstructions
Regular inspection and maintenance schedules

Common Escalator Code Violations

When escalators are not properly maintained or operated, several code violations can occur, increasing the risk of accidents. Some common violations include:

Inadequate Maintenance: Neglecting regular inspections, lubrication, and replacement of worn parts.
Damaged or Missing Steps: Issues with escalator steps or teeth, creating tripping hazards.
Unstable Handrails: Loose or malfunctioning handrails that do not provide adequate support.
Faulty Escalator Components: Defective parts or dangerous design flaws that can cause malfunctions.
Missing or Non-Functioning Safety Devices: Absence of emergency stop buttons, comb plate switches, or skirt brushes.
Failure to Conduct Regular Inspections: Not performing annual or monthly inspections as required by code.
Overcapacity: Exceeding the maximum load limits, leading to mechanical stress and potential failures.

Injuries Resulting from Code Violations

Code violations can lead to a wide range of injuries, from minor to severe. Common escalator injuries include:

Falls: Falls are the most common type of escalator-related injury, often resulting in broken bones, head injuries, or spinal cord injuries.
Entrapment: Limbs or clothing can get caught in the moving parts of the escalator, leading to crushing injuries, lacerations, or even amputations.
Crush Injuries: These can occur when body parts are trapped between steps or between the steps and sidewall.
Sprains and Strains: Sudden stops or changes in speed can cause sprains and strains, particularly in the ankles and wrists.

Liability and Injury Claims

When an escalator accident occurs due to a code violation, injured parties may have grounds to file a personal injury claim to seek compensation for their damages. Potential liable parties include:

Property Owners: Owners of the property where the escalator is located have a legal responsibility to ensure it is safe for use and properly maintained.
Building Management: The management company responsible for the building and the escalator may be liable if they fail to properly maintain the escalator or were aware of hazards and failed to take action.
Maintenance Companies: Companies contracted to maintain the escalator can be held liable if their negligence in maintenance or repairs contributed to the accident.
Escalator Manufacturers: If the accident was caused by a defect in the design or manufacture of the escalator, the manufacturer may be liable under product liability laws.

To pursue a successful injury claim, it is essential to establish negligence on the part of the liable party. This typically involves demonstrating that:

Duty of Care: The liable party had a duty to keep the escalator safe.
Breach of Duty: The liable party breached this duty through negligence or code violations.
Causation: The breach of duty directly caused the accident and the resulting injuries.
Damages: The injured party suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Steps to Take After an Escalator Accident

If you are involved in an escalator accident, taking the following steps can help protect your rights and strengthen a potential injury claim:

Seek Medical Attention: Prioritize your health and get treated for any injuries.
Report the Incident: Notify the property management and ensure they document the accident formally.
Document the Scene: Capture pictures of the escalator, focusing on defects or conditions that contributed to the accident.
Collect Witness Information: Gather contact details from anyone who witnessed the accident.
Consult an Attorney: Contact an experienced personal injury attorney who can evaluate your case and advise you on your legal options.

The Role of an Attorney

An attorney can play a crucial role in an escalator injury claim by:

Investigating the Accident: Gathering evidence, such as maintenance records, inspection reports, and witness statements, to determine the cause of the accident and identify liable parties.
Establishing Negligence: Proving that the liable party breached their duty of care and that this breach caused your injuries.
Negotiating with Insurance Companies: Dealing with insurance adjusters to reach a fair settlement that covers your damages.
Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit and representing you in court to pursue your claim.

Preventing Escalator Accidents

While pursuing legal recourse is essential after an accident, preventing such incidents is even more critical. Building owners and managers can take several steps to enhance escalator safety:

Regular Maintenance: Adhere to a strict maintenance schedule that includes regular inspections, lubrication, and replacement of worn parts.
Prompt Repairs: Address any identified hazards or code violations immediately.
Safety Inspections: Conduct frequent safety inspections to identify potential issues before they lead to accidents.
Clear Signage: Ensure clear and visible safety instructions are posted near escalators.
Employee Training: Train employees to recognize and respond to potential escalator hazards.

Conclusion

Escalator accidents can result in severe injuries and significant financial burdens. When these accidents are caused by code violations or negligence, injured parties have the right to seek compensation for their damages. Understanding escalator safety codes, identifying potential liable parties, and taking appropriate steps after an accident are crucial for protecting your rights and pursuing a successful injury claim. If you or a loved one has been injured in an escalator accident, consulting with an experienced personal injury attorney can help you navigate the legal process and obtain the compensation you deserve.