Many people get injured as a result of an elevator or escalator accident? Most people trust that elevators and escalators will not cause them harm. However, people can get hurt especially when certified inspections are neglected. Injury and even fatality will occur when such crucial inspections are not done properly.
Basic duty of care: A person who [owns/leases/occupies/controls] property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who [owns/leases/occupies/controls] property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others. (CACI 1001) Unsafe conditions are when: A condition on the property creates an unreasonable risk of harm; the person knew or, through the exercise of reasonable care, should have known about it; and the person failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition. (CACI 1003)
Most injuries and fatalities caused by elevator accidents occur when an elevator: Plummets, gets stuck, suddenly stops, suddenly speeds up, or stops between floors. Injuries caused by escalators and moving walkways occur when: they suddenly stop, surfaces are wet causing a slip and fall accident, or the metal teeth become lose and more prone to hooking onto clothing, fingers, and toes.
Basic Standard of Care is defined as: Negligence is the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. (CACI 401) The elements of negligence are: 1. That the defendant was negligent; 2. That the plaintiff was harmed; and 3. That the defendant’s negligence was a substantial factor in causing the harm. (CACI 400)
If you or your loved one has been injured in an elevator or escalator accident due to the negligence of another, Mr. Charles P. Charlton can help you. Please call for a free consultation immediately at (310) 651-9906.