Escalators and elevators are vital components of modern infrastructure, enabling efficient movement within buildings across urban environments. However, their malfunction can lead to severe consequences, from significant injuries to even fatalities, adversely impacting individuals and families deeply.

At Baker Street Funding, we understand the difficulties you face following an escalator or elevator accident. We’re here to support victims like you by offering pre-settlement funding, a financial lifeline while you pursue the justice and compensation you rightfully deserve. Financial constraints shouldn’t limit your ability to secure a fair legal outcome.

Common Causes of Escalator and Elevator Accidents

Escalator and elevator accidents are often preventable and typically result from several key factors that can be mitigated with proper oversight and adherence to safety protocols. Understanding these causes is the first step towards preventing accidents and providing safety for all users.

Mechanical Failures

Parts Breakdown. Escalators and elevators have many moving parts that can degrade over time. If you were injured because of failed brakes or misaligned steps, this might be due to poor maintenance—a responsibility that falls on the property owners and managers.
Electrical Failures. Sudden stops or malfunctions due to electrical issues like short circuits or faulty wiring can lead to severe accidents. Such failures could stem from inadequate electrical inspections, which are essential for user safety.
Emergency Stop System Failures. In some cases, the emergency systems designed to halt escalators or elevators during a crisis fail, worsening the potential injuries. Regular testing of these systems is crucial and often neglected by property management.

Lack of Maintenance

Neglected Regular Inspections. If regular inspections are skipped, escalators and elevators can become hazardous. Victims of accidents caused by such negligence might have strong claims against those responsible for maintaining the equipment.

Improper Lubrication and Delayed Repairs. Inadequate lubrication can cause increased friction, overheating, and mechanical breakdowns, while delayed repairs can turn minor issues into major hazards. These maintenance failures can form the basis of a premises liability claim.

Code Violations

Non-Compliance with Safety Codes. Many regions have specific safety codes, such as those set by the American Society of Mechanical Engineers (ASME). Non-compliance can lead to unsafe conditions that directly endanger users.
Outdated Equipment and Lack of Modern Safety Features. Using equipment that doesn’t meet modern safety standards, or older installations lacking current safety features like door sensors and auto-rescue devices, can significantly increase the risk of accidents.

Improper Installations

Faulty Installation Practices. Incorrect installations can immediately put users at risk. If an escalator or elevator wasn’t installed according to proper safety standards, this could be a clear sign of negligence.
Use of Substandard Materials and Inadequate Testing. Installation involving inferior materials can jeopardize the structural integrity and functionality of escalators and elevators. Moreover, inadequate testing post-installation can overlook critical faults that may later cause accidents.

Types of Injuries Involving Escalator and Elevator Accidents

Victims of escalator and elevator accidents can suffer from a variety of injuries, ranging from mild to life-threatening:

Fractures and Sprains. Caused by falls or sudden jerks.
Lacerations and Contusions. Due to sharp or unfinished metal edges.
Head and Spinal Injuries. Resulting from falls or being struck by malfunctioning components.
Fatalities: In extreme cases, accidents can lead to death.

Understanding Your Legal Rights and Claims After an Elevator or Escalator Accident

If you’ve been injured in an elevator or escalator accident, you have rights that could entitle you to compensation. These accidents, typically caused by negligence, fall under premises liability law—a legal framework that holds property owners and managers accountable for your safety.

Know Your Rights

When you step onto an elevator or escalator, property owners and maintenance teams must make sure that elevators and escalators are safe. If they fail in this duty, and you get hurt as a result, you can hold them accountable.

Seeking Compensation for Your Injuries

If you’re injured due to an elevator or escalator accident, you may seek compensation for:

Medical Expenses. You’re entitled to claim all medical expenses related to your injuries. This includes immediate medical costs incurred right after the accident and any ongoing expenses such as surgeries, medications, physical therapy, and rehabilitation.
Lost Wages. If your injuries prevent you from working, you can recover the income you’ve lost during your recovery period. Moreover, if your ability to earn in the future is compromised, you can also seek compensation for loss of future earnings.
Pain and Suffering. Compensation for pain and suffering addresses the physical pain and emotional distress you’ve experienced due to the accident. It takes into account the non-economic impact of your injuries, which can be just as debilitating as the physical ones.
Punitive Damages. In instances of egregious negligence, you may be eligible for punitive damages. These aren’t just about compensation but also serve to punish the wrongdoer and deter similar negligent behavior in the future.

For example, if you’re shopping in a mall when an escalator you’re riding on suddenly jolts and stops. You fall, suffering a back injury that requires hospitalization and several weeks of recovery. In this scenario, you could pursue a claim for medical costs, compensation for the weeks you’re unable to work, and additional compensation for the pain and discomfort you experienced during your recovery.

Establishing Causation

When pursuing compensation for injuries sustained in an elevator or escalator accident, not only do you have to prove that the incident occurred but also to directly connect your injuries to the negligence of the property owner, maintenance team, or manufacturer. This “connection” is known as “proving causation” and is a critical component in your lawsuit.

That’s why you should hire an experienced personal injury attorney so that all aspects of causation are appropriately addressed. Legal counsel can guide the collection of evidence, coordinate with technical experts, and construct a compelling case on your behalf.

How to Prove Causation

Direct Connection. Demonstrate that the accident was a direct result of a specific negligent action or inaction. For example, if an escalator malfunctioned due to missed maintenance checks that were supposed to be performed, this direct oversight can be tied to your injuries.
Evidence of Negligence. Collect and present evidence that the responsible parties knew or should have known about the potential for harm but failed to take necessary precautions. This might include previous complaints about the equipment that were ignored or postponed maintenance records.
Expert Analysis. Often, the technical nature of elevator and escalator mechanisms requires the insight of an engineering expert. These professionals can provide testimony on how the accident occurred based on the mechanical and electronic evidence presented. They can explain how specific failures led to the incident that caused your injuries.
Medical Correlation. Tie your medical reports directly to the accident. Immediate medical documentation that correlates your injuries with the accident timeline is strong evidence. This might include doctor’s notes, emergency room records, and specialist consultations that outline how the injuries were consistent with the type of accident that occurred.
Witness Testimonies. Eyewitness accounts of the accident can strengthen your claim by adding human observations to technical and medical evidence. Witnesses can confirm the conditions leading up to the accident and the immediate aftermath.

Navigating the Long Road to Settlement

When you file a legal claim after an elevator or escalator accident, the process to reach a settlement can be lengthy. It’s common for these cases to stretch over months or even years. This extended timeline is due to the detailed work needed to prove fault, assess the full extent of your injuries, and handle complex legal discussions. During this time, be aware that insurance companies might use delay tactics. They do this hoping that financial pressures will force you to accept a settlement that’s lower than you deserve.

These delays can create significant stress and financial strain, particularly if you’re facing large medical bills or loss of income. That’s why having a financial support system during this time is crucial. It helps you manage the financial challenges without settling for less than you need to fully cover your damages.

Pre-Settlement Funding for Escalalor and Elevator Accidents

Pre-settlement funding is an essential tool for many people in your situation. Think of it as an important financial bridge that helps you stay afloat while your premises liability lawsuit is being settled. Unlike typical loans, pre-settlement funding, also known as a lawsuit loan, is non-recourse. This means if you don’t win your elevator or escalator accident case, you owe nothing.

With a lawsuit loan, you can take care of your immediate living expenses and medical bills. This financial support allows you to withstand the pressure from insurance companies to settle for a lesser amount. It empowers you to wait for a settlement that truly reflects the value of your claim and supports your recovery without compromising your case or your future settlement.

If you’re finding it hard to meet your financial needs while your case is pending, consider looking into pre-settlement funding options from Baker Street Funding. We can equip you with the necessary resources to get through the legal process without jeopardizing your financial stability or the quality of your legal representation.

How the Application Process for Pre-Settlement Funding Works

Understanding the application process for pre-settlement funding can help you feel more confident and prepared as you go through your legal battle. Here’s a quick breakdown of the steps involved:

Initial Consultation. Start by contacting a reputable pre-settlement funding company, like Baker Street Funding. We will ask for basic information about your case and the contact details of your attorney.
Attorney Collaboration. Our funding team will then speak with your attorney to delve deeper into the details of your elevator or escalator accident case. This is to assess the strength of your claim and the potential compensation amount. Your attorney’s cooperation is a critical requirement as he or she provides the necessary case documentation and insights about the legal proceedings.
Review and Approval. Our team of attorneys will review the information provided by your lawyer, keeping an eye specifically on the merits of your case and the expected settlement or judgment amount. This review process is quick, with decisions often made within a 1- 2 days.
Funding Agreement. If your application is approved, you’ll receive a funding agreement outlining the terms of the advance. This includes the amount you’ll receive and the repayment conditions.
Receiving Funds. Once you and your attorney sign the funding agreement, funds are typically disbursed quickly, often within hours. This allows you to address your financial needs such as medical bills, rent, mortgage, living costs or any other essentials almost immediately.
Repayment. Repayment of the advance is contingent upon the settlement of your case. If you win or settle the case, your lawyer pays the repayment amount, which includes the principal and a funding fee, from the settlement amount. If you don’t win your case, remember, you owe nothing back due to the non-recourse nature of the loan.

Why Choose Pre-Settlement Funding?

Pre-settlement funding offers a no-risk solution to manage your expenses during a potentially long legal process, particularly in complicated cases like escalator and elevator accidents. It gives you the breathing room to get your recovery and your case under control without the worry of urgent financial pressures.

With Baker Street Funding, you can utilize this financial resource, so that financial constraints don’t force you into an early, suboptimal settlement. Our rates are competitive, starting at 2.95% monthly, capped in 3 years.