Am I Eligible For Claiming Compensation For A Escalator Or Lift Accident Claim? – Stuck in a lift Injury

When moving around large buildings like hotels, shopping centres or airports, lifts and escalators can make things quite a lot easier. That’s especially true if you are using a pushchair, carrying a suitcase or if you are in a wheelchair. In most situations, these devices operate without any problems and don’t cause any issues. However, accidents can happen that cause the user to become injured. Therefore, we’ve written this article about how escalator and lift accident claims work.

Escalator and lift accident claim guide

Escalator and lift accident claim guide

If you have suffered an injury whilst using an escalator or lift, we can help. Our team offers free legal advice on beginning a claim after reviewing your claim on a no-obligation basis. If your case seems to be feasible, we could pass it to one of the personal injury solicitors on our panel. Should your case be accepted, your lawyer will represent you on a No Win No Fee basis.

If you would like to start the claims process right away, please call us on 0161 696 9685. Alternatively, to find out when you could seek damages for injuries caused by escalators and lifts, please read on.

Select A Section

A Guide On Making An Escalator And Lift Accident Claim

If you have been injured whilst using a lift or an escalator, you could seek compensation for your suffering. To be eligible to make a claim, you will need to demonstrate that:

  • You were owed a duty of care; and
  • As a result of their negligence, an accident occurred; and
  • You suffered an injury or injuries in the accident.

Later on, we’ll look at what evidence you could supply to help prove those things. We’ll also explain how much compensation could be paid for some relevant injuries.

While some injuries caused in such accidents may be minor, others can be life-changing. For example, falling from the top of a tall escalator could lead to head injuries, fractures, back injuries, cuts and bruising. On top of the physical injuries, you may also suffer psychologically too. If the accident that caused such injuries can be proven to have been caused by negligence, then a compensation claim might be possible.

As we progress through this article, we will show what sort of negligence could entitle you to claim. This can include poor maintenance, failing to repair faults or poor installation.

If you have been affected by a lift accident or an escalator accident and would like to claim, you’ll need to comply with the time limits. In most cases, that will be a 3-year period beginning on the date of your accident. You’ll have longer if you want to claim on behalf of an injured child as you can claim at any point before they turn 18.

Advice.co.uk can help if you wish to seek damages for injuries sustained while using lifts or escalators. If you call our specialists, they’ll assess the merits of your case and explain your options for free.

Calculate Compensation For Your Escalator And Lift Accident Claim

Before we move on to the types of accidents that could lead to a claim, let’s consider potential compensation figures. In this section, we are concentrating on general damages claims. That is compensation that deals with the pain and suffering caused by your injuries.

Importantly, you should use the figures in our table as guidance only. That’s because, in our experience, each claim is unique. If you call our advice line today, you’ll receive a personalised compensation estimate after your case has been reviewed.

The figures displayed in the compensation table are from the Judicial College Guidelines. Personal injury solicitors and insurers use this document to help set compensation amounts.

InjuryLevel of SeverityCompensation RangeAdditional Comments
NeckModerate£23,460 to £36,120Fractures or dislocated neck injuries that result in immediate severe symptoms.
BackMinor£4,080 to £7,410Soft tissue injuries which are resolved in around 1 to 2-years without surgery.
ArmAmputation£90,250 to £102,890A below the elbow amputation of one arm.
FingersAmputation£58,100 to £85,170The amputation of the index and middle (or ring) fingers.
Psychological Moderate£5,500 to £17,900Although the claimant will have had problems with relationships, work and dealing with life generally, there will have been some big improvements.
Psychological Less severe£1,440 to £5,500The amount awarded will depend on how long daily activities, including sleep, were affected.

You’ll see that the amount awarded in compensation is based on how serious your injuries are. Therefore, you’ll need a medical report to prove how you have suffered. For that reason, you will have to attend a medical assessment during your claim.

In your appointment, an independent medical specialist will try to establish how you have suffered and if you will continue to do so in the future. To do this, they will check your medical notes, ask questions and examine your injuries. Once finished, the specialist will detail their findings and offer a prognosis in a report that will be sent to those involved in your claim.

Types Of Damages

The next part of your personal injury claim might be necessary if you’ve incurred costs because of your injuries. Special damages claims aim to return you to the financial position you were in before you sustained your injuries. Again, cases are different for each claimant but you could seek special damages for:

  • Care costs. Where there is a requirement for support with daily tasks during your recovery, a friend or loved one might look after you. If that’s the case, you may be able to claim back an hourly rate for their time.
  • Medical expenses. Treatment for your injuries will usually be available on the NHS for free. However, you could still pay out for prescriptions, other medication and non-NHS services.
  • Travelling costs. When you visit your GP, a pharmacy or the hospital, you might need to pay for fuel, car parks or public transport. Therefore, these costs could be added to your claim.
  • Lost earnings. Where income is reduced because you took time off work because of your injuries, you could ask for the loss to be paid back.
  • Future lost income. Long-term injuries might have an adverse impact on your ability to work. This could mean you can’t work as many hours or carry out tasks that your role requires. If that’s the case, you could claim back any future lost earnings too.
  • Vehicle or home adaptations. If your injury leaves you disabled in some way, changes to your home or vehicle could help you to cope. For example, a ramp to your front door might be required if you need to use a wheelchair. Where necessary, the cost of these changes could be claimed back.

To understand more about what you can claim back, please call our team today.

What Are Escalator And Lift Accidents?

There are many different ways that lift or escalator accidents can happen. They range from being trapped in lift doors to falling down an escalator.  When such an accident occurs, you might be able to seek compensation for any injuries that result.

When making escalator and lift accident claims, you need to prove that you were owed a duty of care. This is derived from legislation such as The Occupiers Liability Act 1984. After you have proven the duty of care, you will need to move on to prove that negligence caused the accident to happen.

There are several ways this can be achieved including gathering your own evidence which we will discuss later on. Another way of proving negligence is for a personal injury solicitor to request copies of maintenance schedules for the lift or escalator. If it can be proven that poor maintenance led to equipment malfunctioning, you could be eligible for damages.

We can help if you are considering making a claim. Our team of specialists can review your case for free and let you know what needs to be done next. If your case is deemed suitable, we could pass it to a solicitor. If they agree to work for you, it will be on a No Win No Fee basis.

What Are The Hazards Of Using Escalators And Lifts?

Both lifts and escalators are heavy pieces of machinery. With any machinery, there will be some associated risks. For example, if you move too much on an escalator, you could fall. For that reason, signs will often tell you to stay to one side and hold on to the handrail.

Many people worry about being trapped in a lift or the lift falling to the bottom of the shaft. In reality, these scenarios are very rare. For example, they should have safety brakes that kick in if something goes wrong.

To mitigate the risks associated with such heavy machinery, the owner or operator needs to ensure they are well maintained. Furthermore, they should provide clear instructions on how they should be used. Usually, there will be signage and guidance posted near the entrance.

If you believe that you were injured whilst using an escalator or lift, because of somebody else’s negligence, we could help you. Please call today and let us assess your case for free.

Why Do Lift Accidents Happen?

There are many ways that lift accidents could occur. In this section, we will look at some of them. They include:

  • Door malfunction allowing limbs to become trapped.
  • Where the lift stops suddenly due to malfunction causing you to fall and injure yourself.
  • Trip hazard within or around the lift such as loose carpet tiles.
  • The emergency stop button failing to operate during an emergency.
  • Lifts stopping between floors causing you to be trapped.

While these occurrences are rare, if you have been injured because of any of these, call our advisors to see if you could make a claim. To find out if we could help you, please speak to a specialist today.

Why Do Escalator Accidents Happen?

Again, escalator accidents are relatively rare. Some scenarios that could lead to an accident include:

  • Loose or damaged safety rails.
  • Poorly fitted safety Perspex allowing limbs to become trapped.
  • Where the escalator stops suddenly for no reason.
  • Damage to the escalator’s track.

Later on, we’ll show what evidence you could use to help prove what happened. The most important could be CCTV footage and photographs. If you have evidence available to show that an escalator accident was caused through no fault of your own, why not give us a call to see if you could claim compensation?

Slips, Trips And Falls Using Escalators And Lifts

While the more dramatic types of accidents that can happen in lifts are often depicted in films, the more common are simple trips or falls. They can happen on a lift or escalator:

  • Operates in a jerky fashion.
  • Comes to an unexpected halt.

Furthermore, where a lift fails to stop level to the floor, it could create a trip hazard for anybody entering or exiting.

Importantly, not all lift or escalator accidents will entitle you to compensation. For example, if there is a power cut to the building, the operator would not necessarily have much control over it so might not be liable for your injuries.

If you suspect that an accident was caused by negligence, though, we could help you. If you speak to a specialist advisor today, they will run through everything for you and assess your case for free.

Claims For Being Trapped In An Elevator

Being stuck in a lift can be a scary event. As well as being stuck in a small place, it is likely to get very hot very quickly. The longer you are stuck, the more you might panic and experience feelings of anxiousness.

If you do get stuck in a lift, for any amount of time, it might be possible to seek compensation for any psychological injuries caused by the event. Again, for that to be the case, it will need to be shown that the lift operator was negligent in some way.

To find out whether you might be entitled to claim, why not ask for free legal advice today? If your case is suitable, a No Win No Fee solicitor from our panel could help seek damages for you.

How Do I Claim Compensation For My Accident?

In personal injury claims, the onus is on the claimant to prove everything. You’ll need to supply evidence that shows what happened, how you suffered and who was to blame. To achieve this, you could use some or all of the following:

  • An accident report form. You should report the accident and ask for a copy of the report as it could help to prove times, dates and locations.
  • Witness details. Your lawyer may contact any witnesses to obtain a statement of what they saw.
  • Medical records. You should have your injuries assessed at a hospital or GP surgery. The medical records can be obtained later to show the extent of your injuries.
  • Photos or videos. Where possible, you should try to capture the accident scene before the cause is removed or repaired.
  • CCTV footage. Many establishments that use lifts and escalators will be covered by CCTV cameras. You are entitled to request copies of footage following an accident. Act fast, though, as recordings aren’t retained forever.

If you would like us to assess your evidence, for free, please get in touch. We’ll discuss your accident with you and let you know if you could proceed to a claim.

Make A No Win No Fee Escalator And Lift Accident Claim

Many people worry about how much money they could lose in lawyer’s fees if they lose their claim. Using a solicitor that operates on a No Win No Fee basis can greatly reduce this risk. If yours is taken on, you’ll benefit from the experience of a specialist but your financial risks will be reduced.

Before accepting you as a client, the solicitor will review the merits of your case. They will give you a Conditional Fee Agreement (CFA) to sign if they are happy to proceed. This contract tells you what the solicitor needs to achieve if they are to be paid. Furthermore, it will show that:

  • Solicitors don’t need to be paid for upfront.
  • You won’t be asked to pay for your solicitor’s work while they’re processing your claim.
  • If the claim isn’t successful, you won’t be billed for the solicitor’s work.

You will only have to pay your lawyer if your case is won and a compensation award is paid. If that’s the case, your solicitor will retain an agreed percentage of your compensation. The percentage you’ll pay is listed in the CFA as the ‘success fee’. These fees are limited to prevent you from being overcharged.

We can check if your solicitor could be funded by a No Win No Fee agreement. Please call one of our specialists today for more information.

Speak To Our Specialist Team

Thanks for taking the time to read our article today. If you have decided to make a lift or escalator injury claim, please get in touch for free advice. To do so, you can:

Where we believe your claim has a reasonable chance of success, we could connect you to a specialist solicitor. If they agree to take your claim on, it will be processed on a No Win No Fee basis.

Related Guides

As we are almost at the end of this article, we are going to link to some resources that you might need to refer to during a claim. Please let us know if you require additional information.

Passenger Lifts And Escalators – An explanation of the relevant safety rules from the Health and Safety Executive (HSE).

Post-Traumatic Stress Disorder (PTSD) – This guide provides an overview of the causes and treatments of PTSD.

Anxiety UK – This UK charity provides support and therapy to anybody who suffers from anxiety.

Trip, Slip And Fall Claims – Free advice on how to claim for injuries that result from a fall.

Finger Injuries – Details of how to claim for injuries such as crushed or amputated fingers.

Head Injuries – This article discusses concussion, bruising or brain damage claims.

Escalator And Lift Accident Statistics

Figures released by the Health and Saftey Executive and Lift and Escalator Industry Association show that accidents resulted in:

  • 266 Injuries caused by elevators since 2002
  • 4 Killed by elevators since 2002
  • LEIA estimate that there are 250,000 goods and passenger elevators in the UK

Source: http://news.bbc.co.uk/1/hi/magazine/8557467.stm

FAQs People Also Ask About Escalator And Lift Injuries

As we have finished our article on an escalator and lift injury claims, we are going to answer some common questions in this section. If you would like to know more about starting a claim, please get in touch.

What are the different injuries and accidents involving elevators and escalators?

The seriousness of injuries that could be caused by lifts or escalators varies widely. While some are minor, like pinched fingers, others can be much more serious. They could involve neck injuries, back injuries, head injuries and even amputations.

Can you get compensation for being stuck in a lift?

Being stuck in a lift is a major worry for some people. If it happens to you, it might be possible to seek compensation. To be eligible, you will need to show that the incident has caused you to suffer unnecessarily through no fault of your own. For example, you could claim if anxiety is diagnosed because of the negligent incident.

How dangerous are escalators?

Generally, escalators are not dangerous and are used safely every day. Faulty or unmaintained escalators could pose a risk though. If a fault occurs causing the escalator to stop suddenly, there is a potential that passengers could fall and injure themselves.

Page by TE

Published by AL.