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Mall Owner’s Liability for Escalator Injuries

Mall Owner's Liability for Escalator InjuriesIs the owner of an escalator responsible for injuries sustained by passengers? While escalator owners may not always be responsible for a passenger’s injuries, they have certain duties to protect the safety of passengers, including:

Routine Maintenance — Proper maintenance requires ensuring that the escalator is free from any hazards that could be detected by an adequate performance check.

Safety Features & Warnings — Generally, escalator passengers are responsible for using caution while riding an escalator. They are advised to use the handrail and to refrain from making any sudden movements that might result in injury. However, it is the escalator owner’s responsibility to provide certain safety features to passengers. An escalator owner should make sure that there are no openings in the equipment which could cause injury.

Operates Smoothly — An escalator owner must make sure that the escalator is smooth and without sudden stop or start movements. It may not accelerate too rapidly, and must be able to be stopped quickly in an emergency.

Defective Parts — An escalator owner may not be negligent for improper repair work completed by an outside maintenance company. The repair company may ultimately be responsible for any resulting injuries. If an injury is caused by a defective part, neither the escalator owner nor the repair company may be liable, but the manufacturer of the defective part might be.

Debris Removable — The escalator and equipment must be kept free of any potentially harmful debris. If the debris that caused injury was not present long enough to have been detected, the owner may not be liable. But if the debris had been there for a good length of time and was not detected because of lack of maintenance, the owner may be liable.

If a passenger is injured, an escalator owner is not automatically liable, but may be held accountable for injuries once the facts have been reviewed. Furthermore, when injury is caused to a passenger by another passenger, the escalator owner may not be liable for any injuries.

If you or someone you love has been injured as a result of an accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.

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