Escalators are common in malls, airports, office buildings, and transit stations across Vermont. But when these machines malfunction or are poorly maintained, serious injuries can follow. Escalator accidents may cause fractures, head trauma, or long-term mobility issues—and in many cases, these injuries are preventable. If you were hurt in an escalator accident, you may have a valid personal injury claim. But securing compensation in Vermont requires a strong understanding of who’s liable and how to prove negligence.

This article breaks down how victims of escalator injuries in Vermont can pursue compensation and what legal factors can impact a successful claim.

Common Causes of Escalator Accidents in Vermont

Escalator incidents are not always random or unexplainable. Most stem from maintenance failures, design flaws, or user-related hazards that could—and should—have been prevented.

Frequent Triggers of Escalator Injuries

  • Sudden stops or starts: Malfunctioning brakes or control systems can cause jolting movement.
  • Loose or broken steps: Misaligned or damaged treads can catch clothing or shoes.
  • Missing teeth on the comb plate: This can lead to tripping or entrapment.
  • Defective handrails: If handrails move too fast, too slow, or stop altogether, users may lose balance.
  • Inadequate maintenance: Escalators require regular inspection under ANSI/ASME A17.1 safety codes.
  • Obstructed emergency stop buttons: Delay in stopping a faulty escalator can worsen injuries.

These hazards can often be traced back to negligence by property owners, maintenance contractors, or equipment manufacturers.

Escalator Injuries That Can Lead to a Claim

The severity of escalator injuries can range from minor bruises to life-altering trauma. The following types of injuries frequently appear in Vermont escalator accident claims:

Even minor injuries can have significant financial impact due to medical costs, lost time from work, and long-term care needs.

Determining Liability in Vermont Escalator Injury Claims

Property Owners and Their Duty of Care

Under Vermont premises liability law, property owners must keep their premises reasonably safe for lawful visitors. If an escalator is installed on private or commercial property, the owner is responsible for maintaining it in working condition. Failing to inspect or repair the escalator can result in legal liability if someone gets hurt.

When Maintenance Companies Are Responsible

Often, escalator maintenance is outsourced to third-party contractors. If these companies perform negligent repairs or ignore safety warnings, they may share responsibility for resulting injuries. Maintenance logs and inspection reports can become key evidence.

Product Liability for Design or Manufacturing Defects

If the escalator injury was caused by a defect in the escalator's design, manufacturing, or warning labels, the manufacturer or distributor might be liable under Vermont’s product liability laws. These cases typically require expert testimony to prove the defect and its role in the accident.

How to Prove Negligence in an Escalator Injury Case

To secure compensation, the injured party (plaintiff) must demonstrate that the defendant acted negligently. In Vermont, this typically involves proving:

  • A duty of care existed (e.g., property owners have a duty to maintain safe premises)
  • The defendant breached that duty by failing to fix or warn about a hazard
  • The breach directly caused the injury
  • The injury resulted in measurable damages

Surveillance footage, witness testimony, maintenance logs, and expert analysis are often vital to proving fault.

Steps to Take After an Escalator Injury in Vermont

1. Report the Incident Immediately

Notify the property owner or manager and request a written incident report. This step creates a formal record of the injury.

2. Get Medical Treatment

Seek medical care right away, even if the injury seems minor. Prompt treatment strengthens the connection between the accident and the injury.

3. Document Everything

Take photographs of the escalator, your injuries, and the surrounding area. Collect names and contact details for any witnesses. If possible, request copies of any security camera footage before it's erased.

4. Contact an Experienced Vermont Personal Injury Attorney

Escalator cases often involve multiple potentially liable parties and technical evidence. An attorney familiar with Vermont premises liability law can help identify who is responsible and pursue full compensation.

What Compensation Can You Recover?

If your claim is successful, you may be eligible for compensation covering:

  • Medical expenses (past and future)
  • Lost income from time off work or reduced earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement
  • Emotional distress
  • Out-of-pocket costs such as transportation and medication

The amount you recover depends on the severity of the injury, the impact on your life, and the strength of the evidence.

Comparative Negligence in Vermont Escalator Injury Claims

Vermont follows a modified comparative negligence rule with a 51% bar. This means that if you are found to be 51% or more at fault for the accident, you cannot recover damages. However, if your percentage of fault is 50% or less, your compensation will be reduced proportionally.

For example, if you were awarded $100,000 but found 20% at fault for not using the handrail, you would receive $80,000.

Statute of Limitations for Escalator Injury Lawsuits in Vermont

In Vermont, you typically have three years from the date of the accident to file a personal injury lawsuit. Failing to act within this timeframe could bar you from recovering any compensation, no matter how strong your case is. It's wise to consult a personal injury lawyer as soon as possible to avoid missing deadlines or losing key evidence.

Conclusion

Escalator accidents may seem rare, but they are often the result of preventable negligence. Whether the fault lies with a property owner, a maintenance company, or an equipment manufacturer, victims in Vermont have a legal path to seek compensation. Acting quickly, preserving evidence, and working with a knowledgeable attorney can make all the difference in the outcome of your case.

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

Navigating Vermont Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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