Escalator Accident Claims: No Win, No Fee

Escalators are a standard part of everyday life; they can be found in many public places like shopping centres, train stations and office buildings, and they are most often very safe to use. However, there are instances in which an accident or negligence can occur in relation to escalators that cause injury to the users.

If you have suffered an injury on an escalator due to an accident that was not your fault, then you may be entitled to make a claim for personal injury compensation. This is because private organisations and local authorities, for example, owe you a duty of care.

Our team of specialist solicitors at Beacon Law are available to answer any queries you may have about making an escalator accident claim. Please get in touch with us today to find out more.

Escalator accidents and negligence that can lead to a claim

Escalators, while generally safe, can lead to various types of accidents, some of which can result in severe injury or sometimes death. These accidents can occur due to mechanical issues, user behaviour, or poor maintenance.

Slips and Falls

• Wet or Slippery Steps: Spills, rainwater, or other liquids on the escalator steps can cause users to slip and fall, leading to injuries.
• Loose or Damaged Steps: Escalator steps that are loose, damaged, or not properly aligned can cause users to lose their balance and fall.
• Sudden Stops or Jerks: A sudden stop or unexpected jolt can cause passengers to lose their balance, resulting in falls.
• Misalignment with Floor Level: If the escalator steps are not perfectly aligned with the floor at the top or bottom, users might trip as they step off.

Entanglement and Entrapment

• Clothing or Shoelace Entanglement: Loose clothing, shoelaces, or even long hair can get caught in the escalator’s moving parts, such as the steps, potentially leading to severe injuries.
• Footwear Issues: Certain types of footwear, like flip-flops or soft-soled shoes, can get trapped between the steps or between the step and the side of the escalator.
• Fingers and Toes: Children, in particular, are at risk of getting their fingers or toes caught in the gaps between the steps.

Overcrowding and Pushing

• Overcrowding: During busy times, escalators can become overcrowded, increasing the risk of pushing, shoving, and falls. This is particularly dangerous on escalators due to the confined space and constant movement.
• Stampedes: In cases of emergency or panic, people might push and shove to get off an escalator quickly, potentially causing falls and injuries.

Mechanical Failures

• Sudden Stops: A mechanical failure that causes the escalator to stop suddenly can throw passengers off balance, leading to falls.
• Reversing Direction: If an escalator suddenly reverses direction due to a malfunction, passengers can be thrown off or fall down the escalator.
• Step Collapse: If an escalator step collapses due to a mechanical failure, passengers can fall into the machinery, leading to severe injuries.
• Handrail Malfunctions: A malfunctioning handrail that moves at a speed different from the steps or stops suddenly can cause users to lose their balance and fall.

Inadequate Maintenance

• Worn-Out Parts: Lack of proper maintenance can lead to parts like steps, handrails, or gears wearing out, increasing the risk of mechanical failures.
• Debris or Foreign Objects: Debris or objects like coins, small toys, or litter can get lodged in the machinery, causing jams or malfunctions that lead to accidents.

Emergency Situations

• Fire or Power Outages: In an emergency like a fire or power outage, people may panic and try to exit the escalator quickly, leading to stampedes or falls.
• Inaccessible Emergency Stop Button: If the emergency stop button is not easily accessible or functional, it can prevent quick responses to accidents, worsening the situation.

Escalator-Related Fires

• Electrical Fires: Lifts and escalators operate on electrical systems, and a malfunction or short circuit can cause a fire, leading to burns or smoke inhalation injuries.
• Friction Fires: Mechanical friction from worn-out parts or trapped objects can generate heat, potentially causing a fire.

Common injuries sustained in escalator accidents

Escalator accidents can result in a variety of injuries, ranging from minor to severe. The nature of these injuries often depends on the cause and severity of the accident. Some of the more common injuries we see in escalator injury claims include:

• Fractures and Broken Bones
• Cuts, Lacerations, and Abrasions
• Head Injuries
• Sprains and Strains
• Amputations
• Crush Injuries
• Dislocations
• Burns
• Soft Tissue Injuries
• Psychological Injuries
• Spinal Cord Injuries
• Death

What is the process of making an escalator accident claim?

When you contact our firm, you’ll speak with an experienced personal injury solicitor. They will carefully review your case details to determine its viability.

Essential information we’ll require includes:

• The date, time, and location of the accident.
• The specific circumstances that led to the accident, including any acts or examples of negligence.
• The nature and severity of your injuries, as well as any ongoing pain, suffering, or limitations they’ve caused.
• Any witnesses who observed the accident or can provide relevant information.
• CCTV footage, if available.
• Contact details for the negligent party, such as their name, contact information, and relationship to you.
• Access to medical records and accident reports

Should we assess your case as having merit, we will offer a conditional fee agreement, also known as a no win, no fee agreement. This means you pay no legal fees unless we successfully recover compensation for your injuries, in which case you pay us a success fee.

Throughout the legal process, we will keep you informed of significant developments and milestones. The specific steps involved in your case may vary depending on whether the negligent party admits or denies liability.

If we successfully prove the negligent party’s fault, we will pursue a settlement or, if necessary, litigation. Before determining a fair settlement amount, we may require an independent medical evaluation to assess the full extent of your injuries.

Our firm is committed to providing dedicated representation and maximising your potential compensation. We will gather evidence, build a compelling case, and advocate for your rights throughout the legal process.

Time limits to making a personal injury claim

The Limitation Act 1980 governs the claims time limits for personal injury cases in England and Wales. Generally, you have three years from the date of the accident to file a claim. However, certain circumstances can extend this deadline.

• For minors: If you were under 18 at the time of the injury, the limitation period begins on your 18th birthday. This means you have until your 21st birthday to file a claim.
• For those with mental incapacity: If you lack the mental capacity to make a claim at the time of the injury, the limitation period starts when (and if) your mental capacity is restored. A litigation friend can act on your behalf during this time.
• Date of knowledge: In cases where the injury or its full extent wasn’t immediately apparent, the limitation period may begin from the “date of knowledge,” when you became aware that your injury was caused by negligence.

It’s essential to begin the claims process promptly due to such time limits. Gathering evidence, obtaining medical reports, and preparing your case can be time-consuming. Acting early helps ensure that all necessary information and documentation are available, and that you meet the legal deadlines to pursue your claim on a no win, no fee basis.

Why choose Beacon Law?

Our team of escalator accident claim solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have been injured on an escalator through no fault of your own, then please contact us today at 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team. We can also be contacted via the live chat feature on our website.

Beacon Law are a Solicitor registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.