Elevators and escalators are in almost every office building and high-rise in Chicago. We use these machines often and tend to take them for granted. Although accidents involving escalators and elevators are somewhat unusual, they can still happen, and people may be badly hurt.
You can sue various people and parties for your injuries after an elevator or escalator accident. The manufacturer of the machinery or other equipment might be liable if the machinery malfunctioned. Alternatively, property owners might be liable for allowing the machinery to fall into disrepair. Even repair or maintenance companies may be liable if they fail to repair or maintain broken machinery, but still allow people to use it. We should start by investigating the accident to determine what went wrong. We may need professionals to inspect the elevator or escalator to find evidence.
Get a free, private claim review from our Chicago personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
Suing for Injuries From Elevator or Escalator Accidents
People use escalators and elevators all the time. Those who live or work in Chicago skyscrapers or high-rises might use these machines almost every day. If accidents happen and people are hurt, they can sue for their damages. The trick is determining whom to hold responsible.
Even though you were injured by machinery and not a person, there is someone out there who should be held liable for your injuries and damages. Before our Chicago personal injury lawyers figure this out, it is imperative that you get treated by a doctor immediately, as your injuries might be severe.
Not only do you need emergency care, especially if you were in an elevator that fell, but we also need copies of your medical records. These records may help us establish just how severely you were injured, the cost of care, and how your injuries might affect you going forward.
You should contact an attorney as soon as possible. We must file your claims within 2 years, according to the statute of limitations under 735 I.L.C.S. § 5/13-202. If this time passes and we have not filed the case, we might be time-barred from doing so, no matter how strong our evidence is.
Who May Be Responsible for Elevator or Escalator Accidents in Chicago?
You may wonder who you could sue for damages related to an elevator or escalator accident. There are often numerous people and parties involved, including the owners of the elevator, the business that uses it, and repair or maintenance companies that keep it operational.
The Manufacturer
The company that manufactured and installed the elevator or escalator may be responsible for the accident. In your case, the elevator or escalator might have been defective and unfit for use when it was initially installed. Even if the manufacturer was unaware of the defect, they might still be held liable.
We should seriously consider including the manufacturer in your case if the escalator or elevator was brand new and recently installed, such as in a new building that has just been opened. If the elevator or escalator failed and broke down, there is very little chance that the accident occurred due to normal wear and tear.
The Property Owner
We should also include the owner of the building where the accident happened. Since they own the property, they have a duty to keep all aspects of the premises safe for people who use it, including residents in apartment buildings, employees in a business, or customers in a store.
Under premises liability rules, property owners have a legal obligation to repair or remove known hazardous conditions and to conduct reasonable inspections for unknown hazards. If hazards are found, they should put up signs or barriers to stop people from using them. If the property owner fails to fulfill this duty regarding elevator and escalator safety and maintenance, they may be held responsible.
Repair or Maintenance Companies
Machinery, like elevators and escalators that see frequent use, must be regularly inspected by professionals. In some cases, property or business owners do their due diligence to get elevators and escalators inspected for safety. However, the maintenance company they hire might fail to spot serious machinery problems. If that happens, we might want to include the maintenance company in the case.
How to Investigate an Elevator or Escalator Accident in Chicago
Since elevators and escalators are large, complex pieces of machinery, we likely need to wait for the authorities and qualified experts to inspect the accident scene before we know who will be held responsible.
To start the investigation, we should contact the authorities and report the accident. In a severe accident with serious injuries, you or someone else should call 911 immediately, and an investigation will likely happen quickly.
Experts or other professionals familiar with these machines should inspect them. We may rely on these experts to determine what went wrong and who is responsible. These experts may testify in court, and their testimony can be highly influential.
Evidence We Need to Sue for an Elevator or Escalator Accident
While evidence in almost any situation will be unique, some evidence comes up frequently, and we should check for this kind of evidence as we begin our investigation.
First, we should check for security camera footage. Many elevator and escalator accidents occur in public spaces, such as office buildings or shopping malls, and there are likely cameras that captured the accident on video. We should also interview witnesses to see if they can provide testimony to help us piece together exactly what happened during the accident.
Second, we should get copies of maintenance records from the property owner. Since the defendant may have these records, we can ask to see them as part of the discovery process in court. If they refuse to hand them over, we can ask the judge to compel discovery and make the property owner give us access to elevator and escalator maintenance records.
Ask Our Chicago Personal Injury Attorneys to Review Your Claims
Get a free, private claim review from our Evanston, IL personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
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