Escalator Accidents | What to Know About Filing a Claim

If you have been injured in an escalator accident due to no fault of your own, it is important to understand your eligibility to recover compensation in a personal injury claim. To learn more about taking legal action after an escalator accident, continue reading and speak with our Santa Clara County personal injury attorneys. Our legal team is prepared to walk you through each step of the legal process ahead. Give our firm a call today to schedule your initial consultation.

What are the most common causes of escalator accidents?

There are many factors that may play a role in an escalator accident. The following are the most common causes of escalator accidents:

  • Escalators reversing direction, resulting in a pileup
  • Missing comb plates
  • Inadequate escalator lighting
  • Loose or missing screws
  • Faulty handrails
  • Missing steps
  • Improperly working emergency shut-off buttons
  • Gaps and spaces
  • Escalator design flaws
  • Clothing or limbs getting snagged by machinery
  • Electrical or mechanical malfunctions

What are the most common injuries sustained in escalator accidents?

The most common injuries sustained in escalator accidents include the following:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Concussions
  • Joint injuries
  • Torn ligaments
  • Soft tissue injuries
  • Broken bones
  • Cuts and bruises

How do I recover financial compensation?

You will need to satisfy the burden of proof to recover compensation after an escalator accident. To do so, you will need to collect evidence to prove that you were injured due to another party’s negligence. This is why many will reach out to an experienced attorney to assist them in recovering evidence to support their claim.

How do I satisfy the burden of proof?

With the assistance of your attorney, you will work to collect the following evidence to support your claim and satisfy the burden of proof:

  • Witness statements
  • Pictures and videos of the safety hazards that led to your accident
  • Security camera footage of your accident
  • Medical documentation detailing the extent of your injuries
  • Police report

What is the statute of limitations for personal injury claims in California?

The statute of limitations refers to the time period you will have to take legal action after sustaining injuries. The statute of limitations for personal injury claims in California is generally two years. This means that, from the date of your escalator accident, you will have two years to bring attention to your claim. The sooner you can bring attention to your claim, the better. Failure to file your claim may result in you being permanently time-barred from taking legal action. Give our firm a call today to get started as soon as possible.

CONTACT OUR FIRM

When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.