An injury on the Las Vegas Strip can suddenly turn a vacation into a life-threatening medical emergency in a split second. When an escalator abruptly stops, starts moving too fast, or traps your clothes, you can end up with fractures, nasty head injuries, and soft tissue damage. That’s why the Las Vegas personal injury lawyers at ER Injury Attorneys are here with the information you need on escalator accident liability.
1. The Casino or Resort Where the Accident Happens
Most of the time, the casino or resort where the accident occurred bears the fault.
The Legal Theory: Premises Liability
In Nevada, property owners have a clear responsibility to keep their property in a safe condition for visitors. That means that no matter who they outsource to for maintenance, a casino bears ultimate responsibility for accidents.
Why the Casino May Be Liable
Even if the casino contracts with a third-party company to service the escalator, the casino itself is still on the hook for keeping guests safe. And that means they need to:
- Carry out regular inspections to make sure everything is in working order
- Do something about complaints about malfunctioning equipment
- Take the escalators down if they’re malfunctioning
- Give guests a heads-up about any known hazards
If the escalator wasn’t working properly and the casino knew or should’ve known about it but still let it keep going, that’s a pretty strong case against them.
2. The Maintenance Company (Escalator Accident Liability)
Most of the time, the resorts on the Strip outsource their escalator maintenance to big companies like KONE, Otis Elevator Company, Schindler Group, or ThyssenKrupp Elevator.
Why the Maintenance Company May Be Liable
If the accident happened because of some kind of mechanical failure–like a sudden stop or surge, a collapsed step, loose handrails, or a malfunctioning comb plate–then the maintenance provider may be to blame for not doing their job right.
The “Blame Game”
It’s not uncommon for the casino to point the finger at the maintenance company and say they didn’t do it right, while the maintenance company will say they warned the casino about it but weren’t allowed to fix it. It usually takes a good Las Vegas injury attorney to figure out where things went wrong.
3. Clark County (Pedestrian Bridges)
If you get hurt on an escalator connected to one of the pedestrian bridges crossing Las Vegas Boulevard, then things get a little different. Liability might actually fall on Clark County rather than a private casino.
Why It Matters
If you’re suing the county in Nevada, you’ve got to keep an eye out for:
- Much tighter deadlines for filing your lawsuit
- Strict rules about giving notice about what you’re planning to do
- Limits on the amount of damages you can get
These don’t apply if you’re suing a private casino. So figuring out who owns and controls the escalator is one of the first things your lawyer is going to want to do when you’re trying to figure out who’s liable.
4. The Escalator Manufacturer (Product Liability)
Occasionally, the escalator itself presents a problem due to a design flaw or incorrect manufacturing.
For example, if the comb plate at the bottom of the escalator traps your shoes, then the manufacturer could be in trouble for making a faulty product. And unlike regular negligence personal injury claims, you don’t have to prove they were careless. All you need to show is that the product was defective and it hurt you.
Here to Help with Escalator Accident Liability
The Las Vegas injury lawyers at ER Injury Attorneys are here to provide you with the information you need on escalator accident liability, and we’re here if you need help with the claims process.
ER Injury Attorneys is available to assist you 24 hours a day, 7 days a week. You can reach us right now by dialing 702-878-7878 and online through LiveChat or the contact form.
ER Injury Attorneys represents accident victims throughout Southern Nevada, including Henderson, Summerlin, Pahrump, Boulder City, Laughlin, and beyond. Get in touch with us today to get the legal advocacy you need.