If you have been injured as a result of an injury on a travellator, you may have suffered what is termed a Tort, which is a civil wrong, which means you will have a right to seek a legal remedy for this wrong when negligence occurs. Tort law exists to protect people from harm and injury and attach legal responsibility to anyone who causes the harm.
Many accidents of this nature where negligence arises are caused by defective surfaces on the escalators or slippery surfaces. The owners of the escalators ought to have a system in place for maintenance, inspection, and repairs.
Many times there can be a history of accidents on a particular travellator if the surface is defective, the slip resistance has reduced over time, and the metal plates or metal rollers on the travellator surface needs replacing, or a new coating such as cold vulcanisation is required.
The Occupiers Liability Act 1995 sets out the legal duties owed by ‘occupiers’ to visitors.
The occupier is the person or entity that controls the premises and escalator.
S.3 of the Act sets out the duty of care owed to visitors as:
A duty to take such care as is reasonable in all the circumstances (having regard to the care which a visitor may reasonably be expected to take for his or her own safety and, if the visitor is on the premises in the company of another person, the extent of the supervision and control the latter person may reasonably be expected to exercise over the visitor’s activities) to ensure that a visitor to the premises does not suffer injury or damage by reason of any danger existing thereon.
What is Negligence
Negligence is the failure to practise a reasonable duty of care to avoid causing injuries or damage to somebody else. The fact of the accident occurring must have been reasonably foreseeable.
Examples of Negligence
- Defective surface that was a hazard;
- The owner/operator negligently exposed the person to a risk of injury;
- The owner/operator did not have an inspection/maintenance or cleaning system in place;
- The surface of the escalator had spillages on it;
- There were no warnings;
- Insufficient staff hired to ensure escalator was free from hazards and inspections could take place.
Case Assessment Advice
If you wish you can contact us by telephone or email and we will have an initial meeting with you to explore the facts and furnish a case opinion to you, and advise you about the process of a travellator accident claim.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.