A guide to making a No Win No Fee escalator and lift accident claim
Used to carry goods and people to workplaces, in shopping complexes, hospitals and multi-storey car parks, lifts and escalators are an essential part of daily life for many, saving time and energy.
They are vital for people with wheelchairs or with babies in buggies, and invaluable for ill or elderly people.
According to Lift and Escalator Industry Association (LEIA) there are around 250,000 passenger and goods lifts in the UK, each making multiple trips.
What are the risks of using lifts and escalators?
Although it is a common fear to be trapped in a falling lift or to get clothing caught in the teeth of an escalator, the majority of lifts and escalators are very safe and accidents are unlikely.
The most common injuries are minor and may never be reported, such as trips, bumps and pinched fingers.
However, when lifts and escalators are not properly fitted and maintained, something may go wrong with the electrical system or safety mechanism and they may fail; causing potentially dangerous accidents.
According to Health and Safety Executive figures 266 people were injured and four killed in "elevator accidents" between 2002 and 2010.
A lift car failing to stop at the correct place may cause a tripping hazard for those entering or alighting; the doors may close on lift users; or a lift may stop mid floor with occupants trapped inside. At worst a lift may fall down the lift shaft.
Escalators should be fitted with an emergency stop mechanism, triggered when clothing or limbs or fingers become caught in its teeth. If this fails, a person's limb could be pulled into the escalator.
If escalator stairs have become slippery, users may sustain injury through falling.
Sudden stops in either lifts or on escalators may also lead to injuries through falls.
What should anyone who has sustained injury through a faulty lift or escalator do?
Owners of lifts and escalators have a duty to maintain them to ensure they are safe to use. If they have not done so and an accident occurs as a result then it may be possible to claim compensation for personal injury.
It is important to report the incident to any staff or the owner at the time. Where an accident book is available, the incident should be recorded. The names and addresses of any witnesses to the accident should also be documented and photographs of the area where the accident happened should be taken if possible.
Receipts of any prescription costs and travelling expenses incurred as a result of the accident should be kept to form part of an expenses claim.
An accident on lift or escalator may also lead to Post Traumatic Stress Disorder; manifesting itself with a continuous and debilitating fear of using lifts or escalators.
How much compensation can you claim for a lift or escalator accident?
Guidelines for personal injury awards are recommended by the Judicial College (formerly the Judicial Studies Board). An award is recommended with respect to the extent of a given injury, including the prognosis for recovery. Recommended compensation amounts consist of minimum and maximum figures for specific injuries.
The guidelines are, technically, not law yet both insurance companies and Courts will refer to them when calculating settlement offers and compensation awards. Your Compensation Claims Report will include an estimate of the compensation you could get by referring to these guidelines as well as a number of other factors specific to your accident or illness.
Further to the award proposed for general damages, you can also claim for costs you have incurred during treatment and ongoing care.
100% No Win, No Fee - Pay nothing if you lose
A no win no fee agreement (more correctly called a CFA or Conditional Fee Agreement) is put in place between a claimant and a specialist injury lawyer.
The CFA is the terms and conditions under which the solicitor works for the claimant.
The contract lays out what the solicitor will do and how he or she is paid if the claim is successful.
If you choose our solicitors for your escalator or lift injury compensation claim there are absolutely no extra fees , no up-front fees and the peace of mind that you wont be out of pocket.
What should you do next?
Learn more about the claims process
Making the right decision depends on receiving the correct information. Get any questions answered before you instruct a lawyer.
Get answers to popular questions in the FAQ section.
Nearly all personal injury lawyers will take your instructions on a Conditional Fee Agreement (No Win No Fee) basis, however what do they charge if they win?
For a clearer idea of how much more of your compensation you could receive with Quittances personal injury solicitors when compared with many other personal injury solicitors, compare personal injury quotes here.
Ready to start a personal injury claim?
You can start the personal injury claim online here or call us on 0800 612 7456 or 0333 344 6575.
If you have any questions, request a callback at a time that is convenient for you or phone Quittance on 0800 612 7456.