Escalators are a common feature of modern life, seamlessly transporting millions of people every day in malls, airports, and stadiums across Ohio. We step on them without a second thought, trusting they will carry us safely to the next floor. But when that trust is broken by a sudden jolt, a caught shoelace, or a terrifying malfunction, the results can be devastating. Emergency departments treat thousands of injuries caused by elevators and escalators every year in the United States. An ordinary day can turn into a life-altering event, leaving victims with serious injuries and mounting medical bills.

Escalator incidents, though seemingly rare, are surprisingly common and result in severe injuries. These aren't just minor scrapes; victims often suffer deep lacerations, broken bones, traumatic brain injuries, and permanent disfigurement. If you or a loved one has been harmed in an escalator incident, it is important to understand that you have legal rights. You may be entitled to significant compensation, and an experienced attorney can help you secure it.

How Often Do Escalator Injuries Occur?

The Consumer Product Safety Commission (CPSC) has documented that escalators and elevators contribute to thousands of injuries and dozens of deaths each year nationwide. While many associate these incidents with falls, the mechanisms of injury are often far more complex and severe. The powerful machinery that drives an escalator can cause catastrophic harm when safety features fail or maintenance is neglected.

The most vulnerable populations are often children and the elderly. A child’s small hands or feet can easily become trapped in the gaps between the steps and the side wall, an area known as the skirt. Loose clothing, untied shoelaces, and soft-sided shoes present a significant entrapment risk. For older adults, a sudden stop or lurch can easily lead to a fall, resulting in hip fractures or head injuries that can dramatically impact their quality of life and independence. The reality is that a simple trip to the mall can result in a long and painful recovery, all because a machine was not properly maintained or designed.

Common Causes of an Escalator Accident in Ohio

Escalator injuries are rarely the fault of the victim. They are almost always preventable and can be traced back to a specific point of failure. Understanding the cause of the accident is the first step in identifying who is legally responsible for the damages.

Mechanical Failures and Malfunctions

The intricate machinery of an escalator requires all parts to work in perfect harmony. When one component fails, the entire system can become a hazard.

• Sudden Reversals or Speed Changes: An escalator that abruptly changes direction or speed can throw passengers off balance, causing a dangerous pileup.
• Comb Plate Misalignment: The comb plate is the toothed platform at the top and bottom of the escalator where the steps disappear. If these "teeth" are broken or misaligned, they can fail to mesh properly with the steps, creating a gap that can trap feet, clothing, or strollers.
• Entrapment Gaps: Gaps can form between moving steps or between the steps and the stationary side skirt. If these gaps exceed safety standards, they pose a serious risk of pulling in and crushing limbs.
• Handrail Malfunction: The handrail is designed to move at the same speed as the steps to provide stability. If it moves faster or slower, it can pull a rider forward or cause them to lose their balance and fall backward.

Poor Maintenance and Negligent Upkeep

Property owners and their designated service companies have a duty to ensure their escalators are regularly inspected and maintained. Negligence in this area is a leading cause of accidents.

• Skipped Inspections: Failure to adhere to a regular, manufacturer-recommended inspection schedule allows minor issues to become major dangers.
• Ignoring Known Problems: If a property owner is aware of an issue—like a rattling noise or a loose panel—and fails to shut down the escalator and make repairs, they are acting negligently.
• Improper Repairs: Using incorrect parts or having unqualified technicians perform service can create new hazards or fail to fix the original problem.
• Unsafe Conditions: Spills, debris, or leaking lubricants on the escalator steps can create a slip-and-fall hazard that should be addressed immediately by cleaning crews.

Design and Installation Defects

In some cases, the problem lies with the escalator itself. The machine may have been flawed from the moment it left the factory or was installed improperly.

• Lack of Safety Features: Modern escalators are equipped with emergency stop buttons, skirt deflector brushes, and other safety mechanisms. Older models may lack these, and if a manufacturer or property owner fails to retrofit them when necessary, they could be held liable.
• Inherent Design Flaws: A flaw in the escalator’s design could create an unreasonable risk of injury, making the manufacturer liable under product liability law.

Who Is Responsible? Determining Escalator Injury Liability in Ohio

When an escalator injury occurs, the central legal question is, who is at fault? In Ohio, these cases typically fall under the legal principle of premises liability. This doctrine states that property owners have a legal duty to maintain their property in a reasonably safe condition for visitors and to warn them of any known dangers.

Several parties could share in the escalator injury liability.

Property Owners and Managers

The owner of the property where the escalator is located—such as a shopping mall, airport authority, or hotel corporation—is most often the primary defendant. They are responsible for the day-to-day safety of their premises. They must ensure the escalator is working properly, conduct regular inspections, and promptly address any hazards.

Maintenance and Service Companies

Many property owners contract with specialized third-party companies to inspect, service, and repair their escalators. If this company performs a faulty repair, uses the wrong parts, or fails to identify a hazard during an inspection, they can be held liable for any resulting injuries. Their negligence constitutes a breach of their professional duty.

Manufacturers and Designers

If the accident was caused by a defect in the escalator’s design or a flaw from the manufacturing process, a product liability claim may be brought against the company that built it. Proving a design or manufacturing defect often requires expert testimony from engineers who can analyze the machine and identify the source of the failure.

The Role of Comparative Negligence in Ohio

Defendants in an injury case will often try to shift blame to the victim. Ohio follows a modified comparative fault rule. Under this law, if you are found to be partially at fault for your own injuries, your compensation can be reduced by your percentage of fault. For example, if you were awarded $100,000 but found to be 20% at fault for not holding the handrail, your award would be reduced to $80,000.

However, there is a critical threshold. If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all. Insurance companies know this and will often try to argue that the victim was running, not paying attention, or otherwise behaving recklessly to avoid paying the claim. This is a primary reason why having a skilled personal injury attorney is so important.

The Path to an Escalator Injury Settlement: Steps to Take After an Accident in Ohio

The actions you take in the minutes, days, and weeks following an escalator accident can have a significant impact on your ability to secure a fair settlement.

Seek Immediate Medical Attention

Your health and well-being are the top priority. Even if you feel you are not seriously hurt, seek a full medical evaluation. Some injuries, like internal bleeding or concussions, may not have immediate symptoms. Furthermore, medical records create an official, time-stamped link between the incident and your injuries, which is vital evidence for your claim.

Report the Incident and Document Everything

Report the accident to the property manager or on-site security as soon as possible. Insist on filing a formal incident report and ask for a copy for your records. Then, use your smartphone to document the scene extensively.

• Take photos and videos of the entire escalator.
• Capture close-up shots of any visible defects, spills, or the area where the injury occurred.
• Photograph your injuries, including any torn clothing or damaged personal items.
• If there were any witnesses, politely ask for their names and contact information. Their testimony could be invaluable.

Preserve Evidence and Keep Detailed Records

Do not wash the clothes or throw away the shoes you were wearing during the accident. They could contain evidence of grease, or their damage could help show how the injury happened. Start a journal to track your recovery. Note your daily pain levels, medical appointments, missed workdays, and any daily activities you can no longer perform. Keep a file with all medical bills, pharmacy receipts, and correspondence from insurance companies.

Avoid Speaking with Insurance Adjusters Alone

You will likely be contacted by an insurance adjuster representing the property owner. Be polite, but do not give a recorded statement or sign any documents without first speaking to a personal injury attorney. The adjuster’s job is to protect their company’s bottom line by minimizing or denying your claim. They may try to get you to admit partial fault or accept a quick, lowball settlement offer before the full extent of your injuries is known.

What Compensation Can a Personal Injury Lawyer in Ohio Help You Recover After an Escalator Injury?

A successful personal injury claim can provide financial relief for the various losses you have suffered. A personal injury lawyer will fight to recover compensation for all your damages, which are typically separated into two categories.

Economic Damages

These are the tangible, verifiable financial losses resulting from your injury. They include:

• All medical expenses, including emergency room visits, surgery, hospital stays, physical therapy, and prescription medication.
• Future medical costs for any ongoing care, rehabilitation, or assistive devices you may need.
• Lost wages for the time you were unable to work during your recovery.
• Loss of future earning capacity if your injuries prevent you from returning to your previous job or working at all.

Non-Economic Damages

These damages compensate you for the intangible, personal losses that do not have a specific price tag but have a profound impact on your life. They include:

• Pain and suffering for the physical pain and emotional distress caused by the injury and recovery process.
• Emotional distress, including anxiety, depression, or PTSD resulting from the traumatic event.
• Loss of enjoyment of life if your injuries prevent you from participating in hobbies and activities you once loved.
• Scarring and disfigurement, which can cause embarrassment and psychological harm.

The Advantages of Hiring an Experienced Ohio Personal Injury Attorney for Your Escalator Injury Case

Facing a large corporation and its insurance company alone can be difficult. An experienced Ohio personal injury attorney levels the playing field and advocates fiercely on your behalf.

Navigating Complex Liability Issues

Determining fault in an escalator injury case is rarely straightforward. Was it the property owner’s negligence, the service company’s mistake, or a manufacturer’s defect? An attorney has the resources to conduct a thorough investigation to identify every potentially liable party, maximizing your chances of a full recovery.

Gathering Critical Evidence

Your lawyer can use legal tools to secure evidence that you could not get on your own. This includes subpoenaing escalator maintenance logs, inspection reports, repair records, and internal company documents. They can also obtain surveillance footage of the accident before it is erased.

Calculating the True Value of Your Claim

How do you put a number on future medical needs or a lifetime of pain? An experienced attorney works with medical experts and financial planners to accurately calculate the full, long-term cost of your injury. This ensures that any settlement offer you consider is fair and covers all your future needs.

Negotiating with Insurance Companies

Attorneys are skilled negotiators who are familiar with the tactics insurance companies use to undervalue claims. They will handle all communications and negotiations, protecting you from pressure and fighting for the maximum possible settlement. If the insurance company refuses to make a fair offer, your attorney will be prepared to take your case to court.

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

If you or a family member was injured in an escalator accident in Ohio, you do not have to navigate the complex legal process alone. At Brandon J. Broderick, Attorney at Law, we are dedicated to holding negligent parties accountable and fighting for the justice and compensation our clients deserve.

Contact us today for a free, no-obligation legal consultation to discuss your case and learn how we can help you move forward. We are available to assist you day or night.