Premises Liability Law and Elevator and Escalator Accidents
When you legally enter onto a multi-level property such as a shopping mall, hotel, apartment building, or office suite, you have every right to expect that the publicly accessible elevators and escalators provided as means for transportation from floor to floor are reasonably safe for use. If they were not, they would be blocked from public use, and signs would be in place alerting people that these modes of transport were out of order. If you or someone you love were injured on an elevator or escalator that was unsafe to use for its intended purpose, and it was not clearly blocked from public use, then you may be able to recover compensation for the losses and expenses you have sustained as a result of the injury by filing a premises liability lawsuit against the party responsible for maintaining the property.
If you are in need of attorneys with experience in handling premises liability cases and elevator and escalator accidents, then the Melbourne, FL personal injury lawyers of Charpentier Law Firm would welcome the opportunity to review your case. Please reach out to our personal injury law firm today for a case evaluation.
Duty of Care
In personal injury cases, the concept of “negligence” inevitably comes into play. At the heart of this concept is an even more fundamental concept, that of “duty of care.” “Duty of care” refers to the basic obligation of care that one party owes another party in a given situation. In this particular situation, “duty of care” would refer to the obligation of the designer, manufacturer, owner, and operator of the elevator or escalator to those using these devices to provide reasonably safe transportation from one floor to another via these devices. When this obligation is not met, the duty of care has been breached, which constitutes negligence. If someone is injured due to this negligence, the party responsible for the breach can be held financially liable for the losses and expenses sustained by the injured party.
If the elevator or escalator suffered from a defect, such as a design flaw or a manufacturing flaw, then our attorneys would most likely file a product liability claim on behalf of the injured party, as the negligence could be attributed to one (or possibly both) of these parties.
A premises liability claim would be appropriate if the elevator or escalator accident that occurred was the result of negligence on the part of its owner or operator (quite possibly one and the same). It is the responsibility of owners and operators of elevators and escalators to make sure that these devices are routinely inspected and regularly maintained. If they fail to do so, and an accident ensues, they can be held responsible.
In some circumstances, it may be possible to take action against the designers or manufacturers and owners or operators of elevators and escalators. If our lawyers are able to demonstrate that the owner or operator of an elevator or escalator knew or reasonably should have known about a design or manufacturing defect, yet did nothing about it, that owner or operator can be held liable, at least in part, for any injuries that resulted.
Learn More about Premises Liability Law
To arrange for an evaluation of your potential premises liability case, please contact Charpentier Law Firm today.