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Determining the Fault of an Elevator or Escalator Accident

By Grant Law Office on November 20, 2023

Elevator and escalator accidents can be devastating, causing severe injuries that can result in life-long consequences. To ensure an injured victim is awarded the compensation they deserve, the at-fault party or parties must be established to prove liability.

In Georgia, this requires a thorough understanding of negligence law, which involves assessing whether the responsible party failed to take reasonable care to prevent the accident from occurring. By holding the negligent party accountable, victims can get the financial support they need to cover medical expenses, lost wages, and other damages resulting from the accident.

The Elements of Negligence

In the realm of negligence cases, understanding the core elements that must be demonstrated is essential to establish liability and seek compensation in elevator and escalator accidents. Let’s delve deeper into these critical elements:

• Duty of care: Elevator owners and operators in Georgia are required to adhere to state regulations that include regular inspections, testing, and certification processes to ensure that elevators are safe for public use. These regulations establish a duty of care for property owners.
• Breach of duty: A breach occurs when a property owner fails to properly maintain an elevator or escalator, putting users at risk. Violating an elevator regulation can be used as critical evidence demonstrating a breach of the duty of care.
• Causation: To hold the property owner liable, it must be shown that their breach of duty directly caused the injury. Establishing a causal link between a property owner’s violation of applicable elevator regulations and the injury in question is a critical aspect of negligence claims.
• Damages: Demonstrating that you suffered harm, such as physical injuries, medical expenses, or lost wages, as a result of the elevator or escalator accident is essential for a successful negligence claim.

Comparative Negligence in Georgia

Comparative negligence is a system that seeks to allocate responsibility when multiple parties may have contributed to an incident. Georgia’s approach to comparative negligence is often described as “modified comparative negligence.” There are two major aspects of Georgia’s modified comparative negligence doctrine:

• Assessing shared fault: In the event of an accident on an elevator or escalator, a detailed investigation is carried out to identify the factors involved and the parties responsible. It may be determined that both the property owner and the injured party, for instance, are partially responsible for the accident. In such cases, their individual levels of fault are evaluated.
• Reduction of damages: In cases of shared fault, the injured party’s compensation is reduced by an amount that corresponds to their degree of responsibility. For example, if the injured party is found to be 20% at fault, their recoverable damages would be reduced by that percentage. Under Georgia’s modified comparative negligence statute, if the injured party’s contributing negligence amounts to 50% or more, they cannot recover damages.

In elevator and escalator accidents, where the circumstances can be complex, the guidance of an experienced personal injury lawyer is invaluable. Your attorney can help you navigate the intricacies of the legal system, protect your interests, and seek the compensation you deserve, even in cases involving shared fault.

The Importance of Hiring an Atlanta Injury Attorney

Negligence cases can involve complex issues of law and fact. As a testament to the challenges of negligence cases, it is important to note that many attorneys spend almost an entire semester learning negligence law in law school. Therefore, it is highly advisable to consult an experienced Atlanta personal injury attorney when injured in an elevator accident.

Your Atlanta personal injury lawyer can provide special assistance by:

• Helping you establish negligence on the part of the property owner.
• Ensuring that you understand your rights and options.
• Guiding you through the legal process to seek the compensation you deserve.

We Stand by Your Side After an Atlanta Elevator or Escalator Accident

If you’ve been injured in an Atlanta elevator or escalator accident, Grant Law Office is here to assist you in your pursuit of justice and compensation. Our Georgia firm is dedicated to supporting you throughout the legal process and protecting your rights every step of the way.

Call us at (404) 995-3955 for a free consultation about your legal options today.