Escalators are an unremarkable part of daily life in Massachusetts. We use them in shopping malls, airports, subway stations, and office buildings without a second thought. They are simple machines designed for convenience. But when an escalator malfunctions or is poorly maintained, it can transform from a convenience into a source of devastating harm. A sudden stop, a caught piece of clothing, or a slip on a greasy step can lead to falls, fractures, lacerations, and other serious trauma.

If you were injured in an escalator accident, you may be facing significant medical bills, lost time from work, and a painful recovery process. You may also feel confused about your rights and unsure of who is responsible. The reality is that property owners and maintenance companies have a legal duty to ensure their escalators are safe for public use. When they fail in this duty, injured victims have the right to seek compensation.

This article explains the common causes of escalator accidents, who can be held legally responsible, and the steps you can take to secure the financial recovery you need to move forward.

The Surprising Frequency of Escalator Injuries in Massachusetts

While we often view escalators as safe, national data reveals a different story. The Consumer Product Safety Commission (CPSC) has tracked escalator and elevator injuries for years. Their findings show that these incidents result in thousands of injuries annually across the United States. While falls are the primary cause of injuries, other incidents occur when clothing, shoes, or hands become entangled in the moving parts of the escalator.

These are not just minor scrapes and bruises. Escalator accidents can cause:

• Traumatic Brain Injuries (TBIs) from falling and striking one’s head.
• Broken Bones, particularly hips, wrists, and ankles.
• Deep Lacerations and crushing injuries from getting caught in the machinery.
• Spinal Cord Damage leading to long-term mobility issues.
• Emotional Trauma and a resulting fear of escalators or public spaces.

The victims are often the most vulnerable among us—children, whose small hands and feet can easily become trapped, and seniors, who may have more difficulty maintaining their balance during a sudden jolt or stop.

Understanding Escalator Injury Liability in Massachusetts

When an escalator injury occurs, determining fault is the first step toward compensation. In Massachusetts, these cases typically fall under an area of law known as premises liability. This legal principle holds property owners responsible for maintaining a safe environment for visitors.

To establish escalator injury liability, you and your attorney must generally prove that another party’s negligence caused your harm. Negligence means that someone had a duty to act with reasonable care, they breached that duty, and that breach directly led to your injuries. In an escalator case, several parties could be at fault.

Potentially Liable Parties

• Property Owners and Managers: The owner of the mall, airport, or commercial building has a primary duty to ensure the premises are safe. This includes contracting with a reputable company for escalator maintenance and addressing any known hazards promptly. If they were aware of a problem with the escalator and did nothing to fix it or warn the public, they can be held liable.
• Maintenance Companies: Most property owners hire third-party companies to install, inspect, and repair their escalators. These companies must follow strict safety protocols and industry standards. If an accident is caused by shoddy repair work, a missed inspection, or the use of faulty parts, the maintenance company can be held legally responsible.
• Manufacturers: In some cases, the accident is not due to poor maintenance but a flaw in the escalator’s original design or manufacturing. If a component was inherently defective and that defect caused the malfunction, the manufacturer could be held liable through a product liability claim.

Determining the responsible party requires a thorough investigation. An experienced personal injury attorney can secure maintenance logs, inspection reports, surveillance video, and expert testimony to pinpoint the exact cause of the failure and identify who is at fault.

Common Causes of a Serious Escalator Accident in Massachusetts

Escalator accidents are rarely random events. They are almost always traceable to a specific mechanical failure or hazardous condition. Understanding these causes is fundamental to building a strong claim for compensation.

Mechanical and Electrical Failures

An escalator accident is often the result of a critical part malfunctioning. These failures can happen without warning and create a dangerous situation for anyone on the escalator.

• Sudden Stops or Reversals: A sudden, jarring stop can throw passengers off balance, leading to falls down the metal steps. Even more dangerous is a direction reversal, where a crowded ascending escalator suddenly begins moving downward, causing a pileup of people at the bottom.
• Excessive Speed: If an escalator’s motor malfunctions and causes it to move faster than its designed speed, it can make it difficult for people—especially the elderly or those with mobility issues—to exit safely.
• Comb Plate and Step Gaps: The comb plate is the toothed transition area at the top and bottom of the escalator. If teeth are broken or missing, or if the gap between the steps and the side wall is too wide, it can create a trap for shoelaces, sandals, loose clothing, and even small hands and feet.

Poor Maintenance and Unsafe Conditions

Negligent maintenance is a leading contributor to escalator injuries. These are failures that could have and should have been prevented.

• Missing or Broken Steps: A gap from a missing step can cause a severe trip-and-fall accident.
• Loose or Damaged Handrails: Handrails are there for stability. If a handrail is broken, loose, or moving at a different speed than the steps, it fails to provide the necessary support and can contribute to a loss of balance.
• Spills and Debris: Property owners are responsible for cleaning up spills or removing debris from escalator steps. Water, grease, or dropped items can create a serious slip-and-fall hazard.
• Inadequate Inspections: Regular and thorough inspections are designed to catch potential problems before they cause an accident. A failure to perform these inspections according to code is a clear sign of negligence.

Pursuing an Escalator Injury Settlement in Massachusetts: Key Steps To Take After an Accident

The moments after an injury are often disorienting, but the actions you take can protect your health and your legal rights. If you have been hurt in an escalator accident in Massachusetts, follow these steps to position yourself for a successful escalator injury settlement.

1. Seek Immediate Medical Attention

Your health is the top priority. Even if you believe your injuries are minor, see a doctor right away. Some serious conditions, like internal injuries or concussions, may not have immediate symptoms. A medical professional can provide a proper diagnosis and treatment plan. Furthermore, your medical records create an official link between the accident and your injuries, which is essential evidence for your claim.

2. Report the Accident

Notify the property manager, a security guard, or the store owner about the incident as soon as possible. Ask them to create an official incident report and request a copy for your records. Do not downplay your injuries or accept blame. Stick to the facts of what happened.

3. Document Everything

Evidence is the foundation of a personal injury claim. If you are able, use your smartphone to:

• Take photos and videos of the escalator, the specific defect that caused your injury (e.g., a broken step, a wide gap), your injuries, and the surrounding area.
• Get contact information from anyone who witnessed the accident. Their testimony could be invaluable later on.
• Write down everything you remember about the incident, including the date, time, and what you were doing right before it happened. Memories can fade, so creating a written record is a good practice.

4. Preserve Your Clothing and Shoes

Do not wash or dispose of the clothes and shoes you were wearing during the accident, especially if they were torn or damaged by the escalator. They can serve as physical evidence of how the incident occurred.

5. Be Cautious with Insurance Companies

You will likely be contacted by an insurance adjuster representing the property owner or their maintenance company. Be aware that their goal is to minimize the amount of money they have to pay. Do not give a recorded statement, sign any documents, or accept an initial settlement offer without first speaking to an attorney. An early offer is almost always far less than what your claim is actually worth.

What Types of Compensation Are Available in Massachusetts After Suffering an Escalator Injury?

A successful personal injury claim can provide compensation—known as damages—for the various losses you have suffered due to the escalator accident. These damages are generally categorized into two types.

Economic Damages

These are the tangible, verifiable financial losses you have incurred. They are calculated using bills, receipts, and employment records. Economic damages include:

• All Medical Expenses: This covers everything from the initial emergency room visit and ambulance ride to surgery, hospital stays, physical therapy, prescription medications, and any anticipated future medical care.
• Lost Wages: If your injuries prevented you from working, you can recover the income you lost during your recovery period.
• Loss of Earning Capacity: If your injuries resulted in a long-term or permanent disability that prevents you from returning to your previous job or earning the same level of income, you can be compensated for this future loss.

Non-Economic Damages

These damages compensate you for the intangible, personal losses that do not have a specific price tag but are just as real. They include:

• Pain and Suffering: This accounts for the physical pain, discomfort, and emotional distress you have endured because of the injury.
• Emotional Distress: This can include compensation for anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD) stemming from the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or daily routines that you previously enjoyed, you may be entitled to compensation for this loss.

In rare cases where the defendant's conduct was particularly reckless or malicious, punitive damages may be awarded. These are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

Why You Need an Experienced Attorney for Your Massachusetts Injury Case

Trying to navigate the legal system and take on a large corporation’s insurance company alone is an immense challenge, especially while you are recovering from an injury. Hiring a skilled Massachusetts personal injury lawyer levels the playing field and ensures your rights are protected.

Your attorney will handle every aspect of your case, allowing you to focus on your health. This includes:

• Conducting a Full Investigation: A lawyer has the resources to gather all necessary evidence, hire engineers or escalator experts to analyze the cause of the failure, and build a powerful case on your behalf.
• Calculating Your Total Damages: An experienced personal injury attorney knows how to accurately value your claim, including future medical needs and the full extent of your pain and suffering, to ensure you demand a fair settlement.
• Negotiating with Insurance Companies: Attorneys are skilled negotiators who know the tactics insurance adjusters use to undervalue claims. They will fight for the maximum compensation you deserve.
• Filing a Lawsuit: If the insurance company refuses to make a fair settlement offer, your lawyer will be prepared to take your case to court and advocate for you before a judge and jury.

Most personal injury lawyers operate on a contingency fee basis, meaning there's no financial risk to you. They also typically offer a free legal consultation. Therefore, it's advisable to consult with one as soon as possible after an accident.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

An escalator injury can turn your life upside down, but you do not have to face the aftermath alone. At Brandon J. Broderick, Attorney at Law, we are dedicated to helping injury victims in Massachusetts get the justice and compensation they deserve. We understand the complexities of premises liability law and have a proven track record of standing up to powerful corporations and their insurance carriers.

If you or a loved one has been injured in an escalator accident, contact us for a free, no-obligation consultation. We will listen to your story, explain your legal options, and answer all of your questions. Let us handle the legal burdens so you can focus on what matters most—your recovery.