Bronx Attorneys Experienced in Bringing Premises Liability Claims Throughout NYC
The personal injury lawyers at the Jesse Minc Personal Injury Law provide diligent and aggressive legal representation to New York City residents injured in many types of accidents on property, including accidents involving dangerous and defective escalators. Whether it is an accident on the job, a trip and fall on an escalator in an office building, or a mishap on a shopping mall escalator, our Bronx escalator accident lawyers take pride in their track record of obtaining maximum compensation for people injured on escalators throughout NYC. We are standing by to provide you with a free consultation regarding your escalator accident if you call us today at (718) 354-8000.
Escalators are very complicated machines that must be properly constructed, maintained and inspected to ensure that they are safe for anybody who might use them. Usually, escalator accidents occur due to the negligence of the escalator’s owner in ensuring that the escalator remains in good working order, free of defects and dangerous conditions that can cause a malfunction or a serious accident. When an escalator accident occurs, determining the cause of the accident is perhaps the most important – and often the most difficult – part of proving negligence and obtaining compensation for an injured escalator accident victim. To give our clients the best possible chance of success, we carefully investigate each accident on an immediate basis, and hire escalator engineering experts to inspect the escalator that caused an accident to immediately determine the cause of the accident. Once we build a case, we take a strategic approach to the resulting negotiations and litigation, using the data and facts that we learn in our investigations to persuade the insurance companies and defense attorneys representing the defendants that they have no choice but to compensate you for their negligence. We make sure that the people whom we represent are aware of their rights and options at every step of the way.
Escalators are designed to make it easier for people to get from one place to another. Sometimes, however, these machines fail to operate as intended, which can result in serious injuries to anyone using the escalator. Escalators are powerful machines, and operate using an immense amount of force to allow them to carry many people up and down between floors of large buildings. When this immense force is turned against the human body, serious injuries are often the result. When an escalator starts, stops, or drops abruptly, catches an errant shoelace, or otherwise malfunctions, it can cause serious injuries that can leave escalator accident victims. These may include broken bones, head injuries, neck and back injuries such as herniated discs, and even death in some cases. Call our elevator accident lawyers today for a free consultation if you or a loved one has been injured due to the negligent maintenance or repair of an escalator anywhere in the Bronx or elsewhere in New York City.
Understanding Your Right to Compensation
If you or a loved one is injured in an escalator accident in New York City, you have the right to seek compensation from those responsible for your injuries. Generally speaking, the legal concepts involved in an escalator accident lawsuit are the same as apply to any premises liability accident case. This usually requires proving that there was a dangerous condition with respect to a piece of property (including with respect to an escalator) of which the defendants had notice, and that this defect caused a plaintiff to be injured. The determination of who is responsible for an escalator accident often depends upon exactly how the accident occurred.
Usually, the defendants will include the person or entity that owns the property on which the accident happened (i.e., the owner of the escalator), the company that designed/manufactured the escalator, the company that sold the escalator to the owner, and whoever is responsible for the maintenance and repair of the escalator. In a case involving claims that the design of the escalator was defective, the owner, manufacturer/designer and seller of the escalator will generally be the proper defendants. In a case in which it is claimed that the escalator was not properly maintained or repaired, the owner, and any maintenance or repair contractors responsible for keeping the escalator in a reasonably safe condition will generally be the proper defendants.
The escalator accident attorneys at our Bronx law firm will make sure to bring all of the appropriate defendants into the litigation to ensure that nothing is left on the table and that you are fully compensated for your injuries. Victims of escalator accidents may be able to obtain awards of compensation for past and future medical bills, lost wages (both past and future), pain and suffering, and any damages related to other costs incurred due to injury. In devastating cases in which a person is killed in an escalator accident, his or her family has the right to seek compensation for their loved one’s wrongful death.
Premises liability is the overarching legal theory applicable to most escalator accidents that holds property owners responsible for accidents that happen on their property due to the presence of dangerous conditions. New York law imposes a “duty of care” on property owners, requiring them to keep the premises in a reasonably safe condition and to correct any dangerous conditions on their property of which they are, or should have been, aware. The law also generally requires owners to notify people of any such hazards on the property, a requirement known as the “duty to warn”. There are often very simple ways in which premises owners can comply with these duties of care (e.g., by placing warning signs, or by having their escalators regularly inspected to ensure that they are free of dangerous defects that might cause a serious accident), but, unfortunately, many landlords disregard these important responsibilities, and accident victims suffer as a result.
In these cases, our Bronx escalator accident attorneys will look into the issue of whether the property owner knew or should have known that the escalator was dangerous. Proving “notice” – the legal term of art for prior knowledge of a danger to the public on a premises – is often the key to success in any escalator accident lawsuit. Property owners are expected to have these machines regularly inspected to ensure that they are in safe, working order. If malfunctions happen, and the owner does not take appropriate steps to fix the machine (or turn it off and stop people from using it), the owner will be held responsible for any accident that results from such a failure to repair, or the improper repair, of a malfunctioning escalator. A person seeking compensation for an escalator accident needs to show not only that the owner failed to live up to the duty of care but also that this directly caused the victim to be injured. Our Bronx accident lawyers have the legal knowledge and experience to prove these important elements of your case, and to thus give you the best possible chance of obtaining compensation if your are injured in a serious escalator accident.
Speak with an Experienced Escalator Accident Lawyer in the Bronx Today
Our attorneys have among the strongest track records of success in personal injury cases all across NYC and the Bronx. We are successful in court or at the negotiating table in more than 95 percent of the cases that we handle. To ensure that every client is comfortable, attended to, and provided with the high-quality representation that is the hallmark of our firm, the Jesse Minc Personal Injury Law limits the number of cases that we take and accept, and will only take a case in which we believe in our client’s right to compensation. Each of our clients gets direct access to the attorney who is representing them, and will be provided their lawyer’s cell phone so that they can ask questions of their lawyer 24/7 regarding their case. We assist victims of escalator and elevator accidents throughout New York City, including in Manhattan, Brooklyn, the Bronx, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee or expenses to clients in unless we are successful, whether through a settlement or obtaining a judgment in court. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.