Escalator Or Lift Accident Claims Guide
By Lewis Cobain. Last Updated 3rd July 2024. Escalator or lift injury claims may be possible if you are injured in an accident involving either and it was caused by another party’s negligence.
Whether you’ve been injured as a result of a faulty mechanism, or lack of maintenance on these important but potentially risky mechanical transport units, or you’ve had a slip, trip or fall on an escalator which was caused by uneven matting or a spillage, the consequences can be severe. Should this have been due to negligence or fault of a company or individual, then you may be able to claim for compensation.
Here at Legal Expert, we have experience handling lift injury claims, and we’re here to bring you the facts about elevator or escalator injury claims. Please read on to learn more about how accidents involving escalator or lifts may occur because of another party’s negligence. We’ll also talk you through the steps to follow if you have evidence to support a potential injury claim following an escalator or lift accident. If you’d like to ask an advisor any questions about things such as the personal injury claims time limit, then you can ring 0800 073 8804. Alternatively, you can reach us online using our claim online form or our 24/7 live chat service.
Select A Section
- What Is An Escalator Or Lift Injury?
- Lift Or Escalator Injury At Work – When Could I Claim?
- Common Causes Of Lift Injuries
- How Do Escalator Accidents Happen?
- Lift And Escalator Injuries – What Evidence Do I Need?
- Compensation Calculator For Lift And Escalator Accidents
- No Win No Fee Escalator And Lift Accident Solicitors
- Helpful Resources
What Is An Escalator Or Lift Injury?
Following an escalator accident, you may suffer either a physical or psychological injury. For example, lift accidents could trigger symptoms of post-traumatic stress disorder (PTSD). Additionally, if you were to fall down an escalator, you might suffer a broken hip injury.
However, in order to successfully claim for an escalator or lift injury, you will need to prove that your accident was caused due to a breach of duty of care. The Occupiers’ Liability Act 1957 sets out the duty of care that occupiers of a premise owe to visitors. If this duty of care is neglected and you subsequently suffer harm, you may have grounds for a valid claim.
Following an accident in a lift, a breakdown of the personal injury claims process can be given free of charge by our advisors. Get in touch for more information.
Lift Or Escalator Injury At Work – When Could I Claim?
In order to make a claim for a lift accident at work you have to be able to establish negligence. Negligence occurs when your employer breaches their duty of care, and because of this breach, you suffer harm.
Under the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. This means that they must take all reasonably practicable steps to keep them safe while working. If they fail to do so, and this results in harm, you may be able to make a workplace injury claim.
In some circumstances, your employer may not be responsible for the lifts or escalators in your workplace, in which case you may not be able to claim for a lift or escalator accident. To find out more about when you can claim for lift accidents at work, contact our team today.
Time Limits For Escalator And Lift Accident Claims
With escalator or lift injury claims, as with any type of personal injury claim, you’ll need to make sure that you take action within the limitation period. The Limitation Act 1980 sets out that you have three years from the date that you were injured. However, there are some exceptions.
Contact our advisors for more information about time limits and exceptions. They can potentially connect you with an expert personal injury solicitor from our panel.
Common Causes Of Lift Injuries
Lift accidents can cause significant injuries if a lift is not adequately maintained. For example, if a malfunction happens because a broken motor has not been repaired, you might become stuck in a lift. Even if you are stuck in an elevator for a short period of time, the anxiety and distress it may cause could result in a significant psychological injury.
Other common causes of lift injuries include:
- You trip or fall because the lift car stops and is not aligned with the floor
- A lift may rapidly halt and the sudden shock of this causes you knee pain
- If a lift is mopped but there is no wet floor sign, you might sustain a slip injury
- Your limbs could become trapped in the doors of a lift if its safety mechanisms malfunction
However, it’s important to understand that you are only able to claim for lift accidents if your injuries were caused by the negligence of a third party, such as the operator of the lift. As such, if an accident happens in which the operator had no way of preventing it, you might not be eligible to claim. However, we would still recommend speaking to our advisors and they can verify the validity of your claim completely free of charge.
Below we have listed some examples of how negligence could result in lift accidents that cause you injuries:
- Regular maintenance checks aren’t carried out
- Staff have a lack of training
- Any identified risks were not fixed in a timely manner
If you can prove that the lift operators failed in their duty to take reasonable care and caused you injury, you might have grounds for a valid claim.
Our advisors are available for free consultations with no obligation – get in touch at any time.
How Do Escalator Accidents Happen?
While fully functional escalators are usually safe when used correctly, an accident and injuries could potentially occur if they develop a fault. A sudden stopping, even if it does not propel you off the escalator, could cause you to bump into the edges, or fall down a step or two, perhaps even falling into another person.
Other causes of injury could be:
- Missing escalator teeth on the track
- Giving way of panel
- Loose or missing screws
- Gap between walkway and escalator floor
Again, should your injury not be on this list, it doesn’t mean you won’t have a claim. Simply contact the team at Legal Expert and we’ll clarify your position.
Lift And Escalator Injuries – What Evidence Do I Need?
As part of the escalator or lift injury claims process, you should gather evidence to support your personal injury compensation claim. For example:
- Witness contact details – You can ask for the name and contact details of anyone who witnessed the accident and can provide a statement about what happened.
- Photographic evidence – Take photographs of any physical injuries, for example, if you have a laceration or scarring.
- CCTV footage – You could request footage of the accident.
- Medical evidence – Ask for your medical records as they can hold information on your injuries and any treatment you have required as a result.
- Proof of financial harm – When you claim for financial loses caused by your injuries under special damages, such as prescription fees, you’ll need to provide evidence of these. You can do so by keeping hold of receipts or invoices.
For more information on the evidence you could gather when claiming for lift accidents, get in touch on the number above.
Compensation Calculator For Lift And Escalator Accidents
So, how much compensation can you get for a lift accident or an escalator accident? Well, the answer to this question can vary. Personal injury compensation is awarded on a case-by-case basis, and each payout is unique. This is because the amount you receive can depend on:
- How severely you were injured
- The amount of evidence you have
- Whether the other party accepts liability
Lift and escalator accident compensation can contain two heads: general damages, and special damages.
General damages are geared towards the pain and suffering you go through because of your accident, and are often valued with help from the Judicial College Guidelines (JCG).
The JCG contains an extensive list of injuries, tiered by severity, and provides guideline compensation brackets for each entry. We’ve included some relevant JCG entries in the table below, but keep in mind that the first entry is not from the JCG, and these are not guaranteed amounts.
Injury | Compensation Bracket |
---|---|
Multiple Severe Injuries & Special Damages | Up to £250,000+ |
Moderate Brain Damage (c) (i) | £183,190 to £267,340 |
Severe Psychological Damage (a) | £66,920 to £141,240 |
Severe PTSD (a) | £73,050 to £122,850 |
Severe Back Injuires (a) (iii) | £47,320 to £85,100 |
Moderate Pelvis And Hip Injuries (b) (i) | £32,450 to £47,810 |
Moderate Neck Injuries (b) (i) | £30,500 to £46,970 |
Less Severe Arm Injuries (c) | £23,430 to £47,810 |
Less Serious Leg Injuries (c) (i) | £21,920 to £33,880 |
Special damages are aimed towards the financial losses you experience because of your injuries. For example, if you fell down an escalator and suffered brain damage, you may be unable to work. In this case, your lost earnings could be covered by special damages.
This kind of compensation can also help cover the cost of:
- Travel
- Prescriptions and medical expenses
- Childcare
- Counselling
- Mobility aids
You’ll need evidence to claim special damages, so we recommend that you keep track of any bills, statements, or invoices related to your losses.
If you are ready to start your lift accident claim or escalator accident claim, get in touch with our team today.
No Win No Fee Escalator And Lift Accident Solicitors
Accident claim solicitors could help you secure personal injury compensation by preparing evidence and covering all bases of your claim. If you have concerns about the fees associated with working with solicitors that need payment upfront, a No Win No Fee solicitor could benefit you.
Under this agreement, you are only responsible for paying your solicitor a success fee if they help you settle your escalator accidents claim. The success fee is deducted from your compensation by your solicitor. This is legally capped under the Conditional Fee Agreements Order 2013. If your claim fails, you don’t have to worry about paying their fees.
To speak to an advisor for more help with making a claim for an escalator or lift accident, all you need to do is contact us via one of the following means:
- You can call our helpline – 0800 073 8804
- Our email – info@legalexpert.co.uk
- Our contact form
- Or, you can use our online chat box in the bottom right corner
Helpful Resources
- Learn about how much you can claim for supermarket accidents
- Find out more about claiming for PTSD
- Read this guide for advice on facial scar compensation claims
- Get information on how to claim for an allergic reaction to waxing with our informative guide.
- Find out how to sue a hairdresser or barber for cutting you and get more information on the personal injury claims process.
- If you were injured while working for cash, you may be able to claim if you meet the right critiera. Learn more with our guide.
- Our guide details the steps you could take if you’ve had a cycle accident and would like to claim compensation.
Would you like to speak to an advisor about escalator or lift injury claims? If so, you are welcome to contact the Legal Expert team using the contact details included in this guide.