Using an escalator in a shopping centre, airport, supermarket, or train station can make your journey a lot easier. As well as saving you from clambering up the stairs and getting out of breath, they can make it a lot easier to transport your shopping or suitcases to the next level. Using an escalator is usually risk-free but in some cases, accidents can happen on escalators. If you’re injured whilst using an escalator because of a company’s negligence, you may be eligible to claim compensation.
This guide on escalator accident claims will show you what you need to do to claim compensation and how much you might be paid.
If you’ve been injured on an escalator and would like to begin a compensation claim today, give us a call on 0800 6524 881. If you’d like more details about the claims process before you begin, please read on.
Table of contents
- Am I Eligible To Make An Escalator Accident Claim?
- Escalator Accidents That Could Lead To A Compensation Claim
- Common Injuries Caused By Escalator Accidents
- Types Of Negligence That Could Result In An Escalator Accident Claim
- How Much Compensation For An Accident On An Escalator Could I Claim?
- Evidence To Support Escalator Accident Claims
- Escalator Accident Claims Time Limits
- Starting An Escalator Accident Claim
The personal injury claims process means that you could be compensated for an escalator accident if:
- The owner or occupier of the building owed you a duty of care; and
- Because of their negligence, you had an accident on an escalator; and
- During that accident, you sustained an injury or injuries.
You shouldn’t be too concerned about proving a duty of care because, in most cases, if you’re in a building with an escalator legally, the owner or occupier will need to try and make sure the escalator is safe for all users. Your solicitor will use legislation like the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) to check for a duty of care.
During the claims process, therefore, you should try to provide as much evidence as possible to prove how the accident on the escalator occurred, who was to blame, and how you were injured. We’ll explain how you can do this later on.
The types of escalator accidents that might result in a compensation claim include:
- If the escalator stops suddenly without reason and causes you to fall.
- Where you were injured because the emergency stop button failed to work.
- Slips, trips and falls caused by wet flooring on or around the escalator.
- If your hand or clothing is trapped in open gaps at the edge of the escalator.
- Where a jerky motion leads to you falling on an escalator.
- If you’re cut by sharp edges on the side of the escalator.
Whatever accident you’ve suffered while using an escalator, call us for free to see if we could help you claim compensation.
Effectively, you could be compensated for any injury sustained in an escalator accident that wasn’t your fault. Some of the most common injuries in escalator accident claims include:
Some of these injuries will result in short-term symptoms whilst others might lead to ongoing or life-changing suffering. The amount of compensation paid in a successful escalator accident claim should reflect the amount of suffering you’ve endured.
Importantly, you could essentially only claim compensation for an escalator accident listed above if it was caused by negligence (and caused you to be injured). The types of negligence that could result in a claim include:
- Failure to carry out regular inspections of the escalator in line with regulations and the manufacturer’s guidelines.
- Failure to repair known faults with the escalator.
- If staff were not trained on how to stop the escalator properly in an emergency.
- Where warning signs weren’t used to highlight potential risks at the entrance or exit to the escalator.
Please get in touch if you’d like us to check whether you could be eligible to claim compensation for injuries sustained on an escalator.
Any settlement for an accident on an escalator and your resulting injuries aims to compensate you for your pain and suffering (general damages) and also any expenses (special damages) your accident has led to. If your claim is successful, it could include compensation for:
- The pain caused by your injuries from the escalator accident and any subsequent treatment.
- Private medical treatment of your injuries in some cases.
- Psychological suffering i.e. distress or anxiety.
- Care costs to cover the time a relative, friend or professional carer spent looking after you.
- Loss of earnings if you couldn’t work whilst injured.
- Travel costs like fuel or parking fees when attending hospital appointments.
- Future lost income where ongoing injuries affect your ability to continue working.
- Modifications of your house or car if they’ll make it easier for you to cope with any permanent disability.
Our personal injury solicitors will always assess your claim in detail to try and make sure that you are fully compensated for all aspects of your suffering.
Although we can’t say exactly what settlement you might receive until we’ve reviewed your escalator accident claim, we can give you some idea with our compensation calculator (for general damages), below:
To establish how severe your injuries are, you’ll be asked to attend a medical assessment during the course of your claim. This will be conducted by an independent specialist who will discuss how you’ve been affected by your injuries after examining you. They’ll then prepare a report for all parties involved in your claim to explain your diagnosis and prognosis.
Most companies will refer escalator accident claims to their insurance company rather than dealing with them themselves. As you might expect, the insurer will not want to pay you compensation for your claim unless they have to. Therefore, you should attempt to provide as much evidence to prove why their client caused your accident and how you were injured. The types of evidence that could help include:
- Accident report forms. You should always report any type of escalator accident. All businesses must record the accident and you’re entitled to a copy of the report. It could be used to prove when and where you were injured.
- Security camera footage. If CCTV cameras covered the escalator that you were injured on, you should ask for any relevant footage to be forwarded to you.
- Witness details. Anybody else who saw your accident might be asked for a statement by your solicitor. Therefore, try to get their contact details and send them to your solicitor.
- Photographs. If your accident was caused by a visible defect on or around the escalator, take as many photographs as possible before the defect is repaired or removed.
- Medical notes. You are allowed to ask for copies of your medical records and x-rays from the hospital that treated your injuries. These can be used alongside your medical assessment to help prove the extent of your injuries.
If you ask one of our specialists to review your case, they’ll also consider any evidence you’re able to provide for free so please, if you can, have it ready when you call.
The law on personal injury claims means that you must submit your case to the defendant within a 3-year limitation period. Claims outside of this time frame could mean you’ll miss out on any compensation that you might be due. The time limit for escalator accident claims will usually begin on the date of your accident.
In our experience, starting your claim as early as possible gives you a better chance of collecting the evidence needed to support your claim. It will also give your solicitor enough time to arrange for medical reports to be obtained.
Straightforward cases can result in compensation being paid within around 6 to 9 months. If your claim is going to take longer (to assess the severity of your injuries for example), your solicitor could secure interim payments to help cover any immediate costs before the claim is finalised.
Have you decided that you’d like to take action after being injured on an escalator? If so, we can help. A quick call to our advice centre on 0800 6524 881 could be all it takes to start the ball rolling.
Remember, if your claim is accepted, one of our solicitors will begin working on your claim right away and will represent you on a No Win No Fee basis. If you have any more questions about how we can help with escalator accident claims, please call our team or use live chat to get in touch.