Walkway and Travellator Accident Claims

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.

If you have any questions, we can be contacted on (052) 612 1999 0r  (01) 546 1121.

Walkway and Travellator Accident Claims*

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.

Personal Injury Solicitors

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Statutory Duty

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.

S.3 has been amended by S.40 of the Courts and Civil Law Act of 2023 namely

Section 3 of the Act of 1995 is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) Without prejudice to the generality of subsection (2), in determining the extent of the common duty of care of an occupier towards a visitor, and whether it has been complied with by the occupier, regard shall be had, as appropriate, to all of the circumstances and matters referred to in that subsection, which shall include but are not limited to the following:
(a) the probability of a danger existing on the premises;
(b) the probability of the occurrence of an injury to, or of damage suffered by, a visitor by reason of a danger existing on the premises;
(c) the probable severity of an injury to a visitor that might result from a danger existing on the premises;
(d) the practicability, and the cost, of precautions or preventative measures;
(e) where applicable, the social utility of the activity or conduct that gives rise to the risk of injury or damage referred to in paragraph (b).”,
and
(b) in subsection (2), by the substitution of “section and subject to section 5A” for “section”.
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 
  • The 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.

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. 

Walkway and Travellator Accident Claims*

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