FOR BREAKING NEWS VISIT WWW.QNS.COM FEBRUARY 20, 2020 • THE QUEENS COURIER 25
Who Do I Sue if I Was Injured on an
Escalator in New York City?
Many New Yorkers use escalators daily. In fact, according to the New York City
Buildings Department, there are more than 70,000 elevators and escalators
throughout the city. Escalators may be found in many types of commercial
buildings, as well as in the subways and at train stations. They are also common
in shopping malls, airports, hotels, and many other locations. City codes and
regulations are meant to ensure that escalators are regularly inspected and kept
in working condition. However, escalator accidents still occur regularly due to
negligence.
Suing for Escalator Injuries
Knowing who to commence a lawsuit against for your escalator injury can be
complicated. There is a “duty of care” required of the party who is responsible to
keep the escalator in a safe condition. The law also imposes a “duty to warn” of
any hazards or dangerous conditions. Depending on the facts and circumstances
of your particular escalator accident, you may file suit against the owner of the
building, the party responsible for the maintenance of the building, the
manufacturer of the escalator, or another person or entity.
In cases where the escalator was in the subway at an MTA train station, or on city
property, you may need to file suit against a city entity. In such cases, it is
important to be aware that a notice of claim must be filed within ninety days
from the date of the accident, or you may be forever barred from bringing a
lawsuit.
Escalator Injuries
A defective escalator that has broken steps, damaged handrails, or faulty
machinery can be extremely dangerous. A malfunctioning escalator may stop
abruptly or even reverse backward, causing an individual to fall and incur
serious injuries. In addition, gaps between the steps and the sides of the escalator
can cause limbs, shoes or clothing to become entrapped.
These types of occurrences are unexpected and can be traumatic both physically
and emotionally. Common types of escalator injuries include:
• Bruises
• Soft tissue injuries
• Lacerations
• Broken bones
• Broken teeth
• Brain injuries
• Paralysis
• Amputation
• Fatality
Compensation for Escalator Injuries
Compensation for escalator injuries may be awarded to a plaintiff if it was found
that the party responsible for its maintenance was negligent. If the person or
entity responsible for the maintenance of the escalator knew of a dangerous
condition -- or should have known about it --they may be held liable for injuries
you sustained as a result of their failure to make the necessary repairs, or for
failure to warn you of the hazard.
Escalator injuries can be significant and cause you to incur extensive medical
bills, as well as lose time from work. Depending on the facts of your case, you may
be entitled to a settlement or an award of damages for unreimbursed medical
expenses, lost wages, future medical expenses, loss of consortium, and pain and
suffering. In certain cases, punitive damages may be awarded.
Contact a Personal Injury Attorney
It is important to contact a personal injury attorney immediately following an
escalator accident as there are strict statutes of limitation that begin running
from the day of the accident. A personal injury attorney experienced in handling
escalator injuries can advise you of your legal rights and remedies and help
obtain you the compensation you deserve.
Scott Baron & Associates, P.C. has been helping victims of escalator accidents
obtain the maximum compensation they are entitled to under the law for nearly
three decades. With offices located in Howard Beach, Queens and Yonkers, Scott
Baron & Associates represents clients in personal injury actions throughout New
York City and the surrounding areas. Call today to schedule a consultation.
Attorney Advertising. For informational purposes only. The content herein is not
meant to take the place of legal advice or form an attorney-client relationship.
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