In this article, we look at public liability accidents and how to make an escalator injury claim. Certain eligibility criteria must be met in order to have a valid personal injury claim. We explain what this is and help illustrate it with a few examples of accidents in a public place that could occur on or near an escalator. We also look at an example case study of when personal injury compensation could be awarded for an escalator accident.
You might be interested to know how much compensation you could receive. We explain how a settlement could be awarded if you make a successful escalator accident claim. We also provide a few examples of evidence that could help support your compensation claim.
If you are eligible to make a claim for injuries sustained in an escalator accident, you may like to do so with legal support. We conclude this article with a look at the benefits of having a No Win No Fee solicitor to help with your compensation claim.
Get in touch with our advisory team to discuss any questions you have about compensation claims. They can go through the steps of the personal injury claims process with you.
To discuss escalator injury claims:
- Fill in our claim online form and an advisor will call you back.
- Call 020 8050 2736
- Ask about escalator accidents in our live chat.
Select A Section
- When Can You Make An Escalator Injury Claim?
- How Could An Escalator Injury Happen In A Public Place?
- Potential Compensation From Escalator Injury Claims
- What Evidence Could Help You Make An Escalator Injury Claim?
- Claim For An Escalator Injury Using A No Win No Fee Solicitor
- Read More About How To Make An Escalator Injury Claim
When Can You Make An Escalator Injury Claim?
If you suffered an injury in an escalator accident, you might like to claim personal injury compensation. However, all escalator injury compensation claims must meet specific eligibility requirements.
When you are in a public place, the individual or organisation in charge of that space, known as an occupier, must ensure your reasonable safety while you are on the premises. This is their duty of care as per the Occupiers’ Liability Act 1957.
However, an injury sustained in an escalator accident may not be the fault of the occupier. Escalators are often manufactured and installed by different parties. These parties could be responsible for the escalator’s design, manufacturing and how it is installed. Essentially, these parties cannot design, manufacture and install an escalator with known hazards. They also might be responsible for the maintenance of the escalator. Instead of bringing forward a case against the occupier, you might make an escalator accident claim against one of these parties.
In order to have good grounds to make an escalator injury claim, you must be able to satisfy the public liability claims eligibility criteria. This means that you need evidence that proves:
- The occupier of the public space that the escalator was located in, or another third party, such as the installer, owed you a duty of care.
- They breached this duty.
- You suffered injuries, either physical injuries or damage to your mental health (or both) as a result of this breach of duty of care.
In addition to meeting the above criteria, you must initiate your escalator injury compensation claim before the time limit expires. For personal injury claims, this is typically three years. However, there are some exceptions to this that pause the time limit, such as when an injured party lacks the mental capacity to manage their own claim.
If you have any questions about the eligibility criteria that must be met to make a personal injury claim or the time limits that apply, please contact a member of our advisory team for a no obligation consultation.
How Could An Escalator Injury Happen In A Public Place?
There are various ways in which a member of the public could suffer escalator injuries. These include:
- Falls can occur due to missing escalator steps or overcrowding, resulting in a serious head injury and broken bones. These can also happen due to wet or slippery steps.
- Faulty or damaged handrails leading to crushing injuries or a finger injury resulting in an amputation.
- A damaged comb plate can trap shoelaces or clothing, causing your foot to become stuck leading to toe and ankle injuries. These are located at both the entrance and exit to the escalator, where the moving steps meet the landing.
- Faulty emergency stop buttons could cause severe injuries if an item of clothing is caught in the escalator with no way to stop it.
- Missing or damaged deflectors. These are a brush-type fixture attached to the skirting panel. They are intended to prevent trapping injuries between the skirting and moving stairs.
Case Study: £60,000 Payout For Toe Injury Caused By Escalator Accident
Below, we look at an example scenario of how an injury could occur on an escalator. In it, a Ms A suffered the traumatic amputation of several toes.
The emergency stop button on the escalators in a shopping centre was damaged. Rather than putting the escalators out of use until it was repaired the manager allowed customers to continue to use them. Ms A’s foot became stuck between the skirting and moving stairs. One of her friends tried to help release her foot while the other searched for the emergency stop mechanism. Unfortunately, the emergency stop button was broken, and as Ms A was being pulled free of her shoes, her toes became stuck, resulting in traumatic amputation. Although her toes were salvaged and put on ice, they could not be reattached.
Ms A filed a personal injury claim against the shopping centre. They were found liable for her injuries and told to pay £60,000. This included £45,000 for the physical pain and mental suffering that was caused by her amputated toes and £15,000 for various expenses, including her time off work to recover from her injuries, painkillers and physical therapy.
Contact an advisor to discuss escalator accident claims. They can assess your potential claim for free.
Potential Compensation From Escalator Injury Claims
If you make a successful escalator accident claim, your compensation could consist of two parts. These are general damages for the physical and mental pain and special damages to compensate for any financial losses you suffered as a result of these injuries.
When assigning value to general damages, those responsible for evaluating personal injury claims may refer to the guidelines from the Judicial College (JCG). These guidelines provide compensation brackets for different injuries, including those you could suffer in an escalator accident.
Our table below provides a few figures from the 16th edition of the JCG. We’ve also provided a figure in the top row this figure is not from the JCG. The table is only provided for illustrative purposes. Due to the differences between personal injury claims, it does not represent your potential settlement.
| Injury | Category | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple Serious Injuries and Costs | Very Severe | Payouts could include compensation for more than one serious injury and related costs, such as lost wages. | Up to £1,000,000+ |
| Brain Damage | Very Severe | Symptoms, including double incontinence, lack of language function and lacking meaningful environmental responses, require nursing care on a full-time basis. | £282,010 to £403,990 |
| Foot | Single Foot Amputation | The amputation of one foot is treated similarly to a below-knee amputation due to the loss of an ankle joint. | £83,960 to £109,650 |
| Foot | Severe | This category includes substantial mobility restrictions or considerable permanent pain from an unusually severe injury to one foot, such as severe degloving or fractures to both heels. | £41,970 to £70,030 |
| Hand | Total or Effective Loss | This category applies to crushings that result in surgical amputations or where all fingers and most of the palm have been traumatically amputated. | £96,160 to £109,650 |
| Middle and Ring Fingers | Amputation | The claimant's hand is of very little use and they have exceedingly weak grip. | £61,910 to £90,750 |
| Toe | Amputation | This category includes the amputation of all the claimant's toes. | £36,520 to £56,080 |
| Toe | Severe | The claimant suffered severe crush injuries requiring the amputation of one or two toes, either partially or wholly. | £13,740 to £21,070 |
| Head | Less Severe | Although the claimant has made a good recovery, not all normal functioning has returned and there may still be persisting problems, such as with concentration and memory. | £15,320 to £43,060 |
| Arm | Less Severe | A recovery has taken place, or is expected, after suffering significant disabilities. | £19,200 to £39,170 |
Special Damages In An Escalator Injury Claim
As discussed above, your settlement could also consist of special damages. Examples of what you can be reimbursed for in a successful claim include:
- Travel expenses to attend your medical appointments for your escalator injuries.
- Nursing care, such as a nurse to change bandages or help with bodily functions.
- Lost wages for time you required off work to recover from your injuries.
- Home adaptations, such as installing a stairlift or ramp.
- Medical expenses, including costs for medications, physical therapy and any other medical bills related to the injury.
You should save evidence of your expenses and submit the proof as part of the personal injury claims process. For example, you might be asked for receipts or copies of invoices.
If you would like a free valuation of your potential escalator injury claim plus advice on what costs you could recover, please contact a member of our team.
What Evidence Could Help You Make An Escalator Injury Claim?
As part of the claims process, you must have sufficient evidence that shows liability for the injuries sustained in the escalator accident. This can include:
- A copy of your medical records. Your medical records can help illustrate the nature of the injuries you sustained in the escalator accident as well as the treatment you underwent.
- Witness contact details. If you make a note of the contact information for anyone who saw the accident, they can provide a statement later on in the claims process.
- Accident videos. For example, you can request CCTV footage of yourself to submit as evidence in your escalator injury claim.
- Photographic proof. You or a witness may have taken photographs of the scene, either before or after the incident. Additionally, if any of your injuries are visible, you could submit images of these as well.
If you would like to discuss what evidence could help support your claim for escalator accident compensation, contact our advisory team. They could also connect you to one of the personal injury solicitors from our panel who can also advise on evidence.
Claim For An Escalator Injury Using A No Win No Fee Solicitor
If you satisfy the personal injury claims eligibility criteria and would like to seek compensation, you may like to have legal representation during the process. One of the public liability solicitors from our panel could help with your escalator injury claim. The personal injury solicitors from our panel generally offer their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
When your public liability solicitor provides their services on a No Win No Fee basis, you won’t be asked to pay upfront for their work on your case. Additionally, you won’t need to pay for your solicitor’s services as your case is ongoing. However, if the outcome of your public accident claim is successful, your solicitor will take a success fee from your compensation. The amount that can be taken as the success fee is a legally limited percentage. If your claim is not successful, you will not be asked to pay this fee.
A member of our advisory team can help answer any further questions you have. Additionally, they can provide a free personalised claim evaluation. If you meet the eligibility requirements and wish to proceed with our services, you could be connected to a personal injury solicitor from our panel.
To discuss whether you have a valid reason to claim compensation:
- Fill in our claim online form and an advisor will call you back.
- Call 020 8050 2736
- Ask about public liability accidents in our live chat.
Read More About How To Make An Escalator Injury Claim
Here are some more of our articles that you might find helpful:
- Guidance on making a hand injury claim with a No Win No Fee lawyer.
- Information on how much a foot injury claim could be worth.
- Details about making a paralysis injury claim and the eligibility criteria.
Additionally, we’ve provided a few external links that could also be useful:
- Details about how to provide first aid to someone who is injured from the NHS.
- Information from the Health and Safety Executive about passenger lift and escalators safety and maintenance.
- Government guidance on claiming statutory sick pay (SSP) if you are off work due to injuries or illness.
Please speak to our advisory team if you have any questions or if you would like to get started on your escalator injury claim.