Many of us take for granted that elevators and escalators require a great amount of care and precision to keep them in good working and safe to ride. Millions of individuals use these machines every day throughout Canada and the US, especially in the larger cities where there are numerous multiple story buildings. Even so, most us assume or take for granted that we are not at risk when using them. Unfortunately, many people have the misfortune of sustaining injuries, some of which can be serious or even fatal.
Common Causes of Accidents and Injuries
In most cases, mechanical failure is the most common cause of elevator and escalator accidents. When either one malfunctions and people sustain injuries as a result, they should talk to a Personal Injury Lawyer in Waterloo to find out if they’re entitled to compensation for their injuries. In most cases, the landlord, manager, or owner of the building will be held liable for a person’s injuries and any financial losses associated with them. The most common causes of elevator and escalator accidents include:
• clothing or limbs caught in moving parts
• design flaws
• doors close or open at the wrong time
• electrical or mechanical malfunctions
• elevator collapses
• improper installation of moving parts
• insufficient maintenance or the lack of it
• mechanical failure
• overcrowding or overloading
• unexpected erratic movements
Furthermore, if these machines fail to perform properly because they are flawed, their designers or manufactures can also be held responsible for any accident as well as the harm that is done to anyone.
Injuries can range from a few bumps and bruises or scrapes to something more severe such as concussions, fractures, or lacerations. Plus, victim’s clothing or other personal belongings may be damaged as well. Whenever a person sustains injuries or property damage (or both), filing a personal injury claim and taking legal action is the only way such losses can be recovered. In order to accomplish this, it is best to seek the legal advice of an experienced personal injury lawyer.
Burden of Proof rests on the Plaintiff
In order for the plaintiff to achieve a successful outcome in this type of personal injury case, they must prove that the building landlord, maintenance personnel, or owner was negligent, thereby causing the accident and their injuries. Contributory negligence on behalf of the plaintiff could also be a factor as well. For instance, their own actions or omissions could have contributed to the accident and their injuries. This is why it is best to talk with a personal injury lawyer. They understand that all aspects of the case have to be considered, before they are able to calculate the amount you can seek for damages.