Premises Liability Incidents have one Thing in Common: A Property Owner Failing to Keep Their Premises to an Adequate Safety Standard or did not Warn of the Danger

During the 1990s, the yearly average of escalator-related accidents was 4,900. Every year, since then, however, the number has increased to about 10%, so that in 2013, the number has climbed to 12,260. Children, 14 and under, and senior citizens, at least 65 years old, are the most common victims in these accidents. The Consumer Product Safety Commission (CPSC) says that falls tops the list in escalator-related injuries and deaths (the CPSC is the branch of the U.S. Federal government charged with protecting American consumers and families from products that pose fire, chemical, electrical, or mechanical hazards). Falls occurring on escalators are either as “falls on” or “falls from.” “Falls from,” or “falls over-the-side,” refers to a person falling outside of an escalator into adjacent open spaces; “falls on” or “falls down,” on the other hand, refers to a person who remains inside the elevator wellway as he/she falls. Despite the many incidences of injuries and deaths due accidents in escalators, escalator hazards which the escalator industry has known for decades and which they can easily correct through safer designs, have often been obscured even in litigations. This is due to the overwhelming success of the escalator industry in convincing both the media and accident investigators that accidents, especially falls, are due to intoxication, horseplay, and gross misuse of riders. It is important for the public to know that premises owners and manufacturers of elevators and escalators have contracts which require the latter to provide ongoing support and maintenance services, including annual inspection after initial installation. It is also important to note that, rather than horseplay, intoxication or grave misuse, the dangerous conditions which often lead to escalator accidents are maintenance related or failure by the manufacturer to retrofit readily available safety devices – a failure premises owners choose to overlook. These are actually nothing short of acts of negligence, the basis of many premises liability litigations and claims.

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