According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, escalators and elevators result in the death of approximately 30 people and severe injuries in about 17,000 people annually in the United States. Premises owners need to ensure that any escalators on their property are maintained adequately to prevent such incidents.
Elevator injuries can also lead to psychological and economic damage along with physical injuries. When the victim’s injuries result from a party’s negligent misconduct, they are entitled to seek compensation for all their damages. An Atlanta premises liability attorney assesses your situation and enables you to determine the liable party and prove the liable party’s negligence.
Who is responsible for the victim’s damages?
It is the responsibility of the owner of every premise to maintain a reasonably safe environment so that people do not suffer from injuries or other damages when they are on the property. The liable party is determined based on several factors, such as the legal status of visitors and the condition of the escalator.
The legal status of the visitor.
There are generally three categories of visitors that are recognized. This includes invitees, who have been invited on the property, licensees, who have the owner’s consent to be on the property for their own purposes, and trespassers, who do not have the owner’s consent to be on the property.
The condition of the escalator.
The property owner must maintain a reasonable standard of care. If the owner notices signs in escalators indicating malfunctionings, such as missing steps and odd noise, they should be immediately repaired to prevent injuries from occurring. They must also warn visitors of the possible hazard to ensure that no injuries occur.
What if the victim was also at fault?
In some situations, it is also possible for the victim to contribute to the occurrence of the accident. In these cases, the other negligent party is only partially held liable. Victims can only recover some part of their damages which is calculated after deducting the percentage of their fault from the total value. According to the Georgia personal injury laws, the victim can claim compensation if their fault was not more than 49% in the accident.
Your lawyer in Atlanta enables you to understand the complex legal procedure involved in seeking compensation after an escalator accident. They relieve your stress and ensure that you receive fair compensation for your damages.