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Elevator & Escalator Accidents

Elevators and escalators are ubiquitous in most public plaza, shopping centers, and buildings that have more than one floor. They allow for disabled patrons to get from floor to floor with ease, and help shoppers and visitors avoid having to take the stairs while carrying children, groceries, bags, and anything else they may have in tow. While trying to get to an upper level in a multi-floor highrise, an elevator is nearly essential. 

 

Both elevators and escalators have strict inspection and maintenance schedules to ensure that they are in safe working condition, and their operation is halted immediately if there is any indication that there is an issue that could lead to an injury. The reality is that these checks are not necessarily done out of the goodness of the property owner’s hearts; rather, these maintenance routines are done to avoid liability for an accident that would hold the owner’s accountable. These cases are known as “premises liability” cases, and the liability stems from the claim that the property owner either knew or should have known about the hazard present that led to the elevator accident or escalator accident, and that they failed to take the proper steps to mitigate the hazard before a visitor was injured.

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Contact Hipskind & McAninch, LLC For a Free Consultation About Your Elevator or Escalator Accident Today

If you have been injured in an elevator or escalator accident, one of the most important steps for you to take beyond focusing on your recovery is to partner with an experienced premises liability attorney in St. Louis. You can be certain that the responsible party has a legal defense team ready to counter any actions that you take, and even filing with their insurance company will result in significant pushback on a settlement amount that you are rightfully entitled to. We are here to help, and will be able to discuss the specifics of your accident and the ways we can help during our initial consultation.

 

The team at Hipskind & McAninch, LLC offers a free initial consultation for anyone who has been injured in an escalator accident, elevator accident, or any other premises liability accident in St. Louis and beyond. The early days and weeks following such a terrifying and dangerous accident can be overwhelming without taking into account the legal processes that the victim will need to endure, and insurance companies take advantage of this discomfort by trying to encourage the victim to settle for far less than what they deserve. Many times this strategy works as the victim just wants to keep their stress low and get their life back on track. When working with an attorney, they can do both.

Proving Fault After an Elevator or Escalator Accident

In order to establish fault – and therefore financial liability – for your accident, we will need to go through many different details that include things like the historical maintenance schedule, whether or not that schedule had been kept in the days, weeks, or months leading to your accident, and any work that had been done to the device. Of course, we will also need to work with experts to determine the exact nature of the malfunction that led to the accident so that we know exactly what to look for in the work that had (or had not) been done to the elevator or escalator.

We will also seek to determine whether or not the property owner was aware of the hazards that led to your accident. Ignorance of a hazard is typically not an adequate excuse, and even if they were not aware of the hazards or safety problems we will be able to seek compensation from them on the grounds that they should have been aware of them. Typically, we will be filing a claim with their commercial property insurance (unless you were injured on an elevator or escalator in a residential home) or filing a lawsuit against a government agency if your accident was on government property. Regardless, we will explore all relevant details to ensure that we clearly indicate that the property owner or entity responsible for the upkeep of the device on which you were injured.

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