If you or a family member has been injured by an escalator that suddenly stopped, reversed direction, or trapped a foot or hand, you may have a valid legal claim against one or more responsible parties. Whether the injury happened at a Las Vegas casino, shopping mall, airport, or anywhere else in Nevada, the law provides paths to compensation through premises liability, product liability, or both.
What Should You Do Right After an Escalator Injury?
If you are reading this shortly after an escalator injury, take these steps:
- Get medical attention immediately. Even if your injuries seem minor, internal damage from crush injuries or falls may not show up right away. Medical records from the day of the incident connect your injuries to the escalator malfunction.
- Report the incident to property management. Insist on a written incident report before you leave. Get the names of employees who respond and the report number.
- Preserve your physical evidence. Keep your shoes and clothing in a sealed bag without washing them. They may show grease marks, pinch patterns, or damage that proves entrapment. Photograph the escalator (the comb plate, sidewall, steps, and any visible damage or debris) and your injuries. Get witness contact information.
- Do not give recorded statements to the property owner or their insurance company without talking to an attorney first.
- Act quickly on evidence preservation. Surveillance footage is often overwritten within 30 to 90 days. Some modern escalators also record electronic fault data (direction reversals, safety switch activations, and fault codes) that can prove the malfunction occurred as you describe. An attorney can send a spoliation letter requiring the property owner to preserve footage, maintenance logs, and onboard data before it disappears.
Nevada law requires personal injury claims to be filed within two years of the injury date (NRS 11.190). Miss this deadline and you lose your right to compensation.
Who Is Liable for an Escalator Injury in Nevada?
Escalator injuries often involve multiple responsible parties.
Property owners and operators owe customers the highest duty of care under Nevada premises liability law. The Nevada Supreme Court confirmed in Foster v. Costco Wholesale Corp. (2012) that business invitees are owed the greatest level of protection, meaning property owners must take reasonable steps to discover and fix dangerous conditions, including malfunctioning escalators. The court in Tucker v. Action Equipment and Scaffold Co. (1997) emphasized that this duty includes ensuring regular inspections, proper maintenance, and prompt repair of known issues. Hotels, casinos, malls, and airports all fall under this standard.
Maintenance companies contracted to inspect and repair escalators can share liability if negligent maintenance caused the malfunction. Missed inspections, ignored defects, and deferred repairs all create exposure. In casino and hotel settings, third-party maintenance contractors add complexity to the liability chain, so your attorney needs to identify every responsible party early.
Manufacturers can be held strictly liable under Nevada product liability law if a defect contributed to your injury. You do not need to prove the manufacturer was negligent. You only need to show the escalator was defective and the defect caused your injury (Shoshone Coca-Cola v. Dolinski, 82 Nev. 439).
Product defects fall into three categories:
- Design defects: The escalator’s design is inherently dangerous even when built correctly. For example, inadequate clearance between steps and sidewalls that increases entrapment risk.
- Manufacturing defects: Errors during production affecting specific units. For example, improperly calibrated safety switches that fail to stop the escalator when debris enters the comb plate.
- Failure to warn: Missing or inadequate safety warnings. For example, no signage about entrapment risks for children wearing soft-sided shoes.
Under Nevada law, evidence of an unexpected dangerous malfunction can give rise to an inference of defect, even without direct proof of the exact mechanical cause (Stackiewicz v. Nissan Motor Corp., 100 Nev. 443). This matters because in many escalator cases, the precise failure sequence is difficult to identify without expert examination of the equipment.
What Types of Escalator Malfunctions Cause Injuries?
Understanding how escalators fail helps you identify what evidence to preserve and what questions to ask.
Sudden stops occur when safety mechanisms detect problems such as foreign objects caught in the comb plate or mechanical abnormalities. While designed for safety, the abrupt stop throws passengers off balance onto steel step edges. Falls account for roughly 75% of escalator injuries according to the Consumer Product Safety Commission.
Foot and shoe entrapment typically happens at the comb plate (the grooved plate at the top and bottom landings) or in the gap between moving steps and the sidewall. Children under five are particularly vulnerable. Soft-sided shoes like foam clogs significantly increase entrapment risk because the material compresses and gets pulled into gaps that would deflect rigid footwear.
Direction reversal can occur from gearbox or braking system failures. When an ascending escalator suddenly reverses, passengers fall backward into others, causing pile-up injuries.
Step misalignment happens when internal components wear down, steps become damaged, or settings are adjusted incorrectly after maintenance. Misaligned steps create gaps that trap feet or expose sharp metal edges.
Handrail speed mismatch occurs when the handrail moves slower than the steps. The ASME A17.1 safety code permits handrail speed to differ from step speed by only 0% to 2%. Greater variance pulls passengers off balance as their hands lag behind their feet.
Are Older Escalators More Dangerous?
Escalators installed before 2002 may not meet current safety standards for step-to-sidewall clearance. These older units have wider gaps that increase entrapment risk, especially for children. Las Vegas has many older casino and mall escalators that predate current requirements, and escalator failures are among the known hazards on and around the Strip. If your injury involved an older escalator, this history strengthens your claim.
How Do You Know if You Have a Valid Escalator Injury Case?
The strength of your case depends on what you can prove about the malfunction and who knew what.
What Does a Premises Liability Claim Require?
Under NRS 41.130, you must prove:
- The defendant owned, operated, or controlled the premises where the escalator was located
- You were lawfully on the premises as a customer, guest, or other invitee
- A dangerous condition existed (the malfunction, defect, or hazard)
- The defendant knew or should have known about the dangerous condition
- The defendant failed to exercise reasonable care to fix the hazard or warn you
- The dangerous condition caused your injury
Evidence of skipped inspections, prior complaints, or maintenance violations makes the knowledge element easier to establish.
What Does a Product Liability Claim Require?
Under Nevada’s strict product liability doctrine, you must prove:
- The defendant manufactured, distributed, or sold the escalator or its components
- The escalator had a defect when it left the defendant’s control
- The defect made the escalator unreasonably dangerous
- The defect caused your injury
Signs of a Strong Escalator Injury Case
- Surveillance footage, fault codes, or witnesses showing the malfunction
- Prior complaints or incidents involving the same escalator
- Maintenance records showing missed inspections or known defects
- Nevada inspection violations or lapsed operating certificates
- Injuries consistent with the type of malfunction
- Prompt medical treatment
- Preserved shoes and clothing showing entrapment evidence
What Factors Can Complicate Your Claim?
- No witnesses or documentation of the incident
- Delayed medical treatment that breaks the causal chain
- Evidence of user error like running, carrying large items, or intoxication
- Discarded shoes or clothing that could have shown entrapment patterns
What if You Were Partially at Fault?
Under NRS 41.141, if you are partially at fault for your injury (for example, by not holding the handrail or wearing inappropriate footwear), your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing.
However, comparative fault applies differently in strict product liability claims against manufacturers. Nevada courts have held that in strict liability cases, plaintiffs may recover regardless of their own fault (Gen. Motors Corp. v. Eighth Judicial Dist. Court, 122 Nev. 466). This distinction can work in your favor when pursuing claims against the escalator manufacturer alongside the property owner.
How Do Nevada Escalator Inspections Affect Your Case?
Nevada requires annual escalator inspections by licensed inspectors through the Division of Industrial Relations. Property owners must maintain valid operating certificates and address deficiencies promptly when violations are found.
These inspection records often become critical evidence. A pattern of violations, deferred repairs, or lapsed certifications shows the property owner knew or should have known about dangerous conditions. Your attorney can obtain these records through discovery, along with maintenance logs and work orders showing when problems were identified and whether they were fixed.
You cannot access these records on your own. Jack Bernstein can issue preservation demands and subpoenas to get inspection histories, maintenance contracts, and violation notices before they disappear.
How Premises Liability and Product Liability Work Together
This is a hypothetical example for illustrative purposes only. Actual case outcomes depend on specific facts and circumstances.
Consider a hypothetical scenario: A shopper at a Las Vegas mall steps onto an escalator while holding the handrail. The escalator suddenly stops, throwing her forward. She fractures her wrist catching herself on the metal step edge. Investigation reveals the comb plate impact switch activated due to debris buildup that should have been cleared during monthly maintenance. Maintenance logs show the escalator had not been inspected in four months despite a contract requiring monthly service.
In this scenario, the property owner could potentially be liable under premises liability for failing to ensure proper maintenance. The maintenance company could share liability for breaching its service contract and failing to conduct required inspections. The shopper was not comparatively negligent because she was using the escalator properly and holding the handrail.
Your specific situation may differ. Contact us for evaluation of your individual circumstances.
What Evidence Supports an Escalator Injury Claim?
Medical records: Emergency room documentation, diagnostic imaging, treatment records from all providers, and photographs of injuries taken immediately after the incident and during healing.
Maintenance and inspection records: Escalator maintenance logs showing inspection dates, repairs, and noted defects. Service contracts between the property owner and maintenance company. Nevada Division of Industrial Relations inspection certificates. Manufacturer recall notices or service bulletins.
Electronic data: Some modern escalators record fault codes, direction reversals, and safety switch activations. This onboard data can prove the malfunction occurred as you describe, and it can be overwritten or erased if not preserved promptly.
Expert analysis: Elevator and escalator engineers can examine the equipment, review maintenance records, and testify about whether the property owner or maintenance company met industry standards under ASME A17.1.
What Compensation Can You Recover for an Escalator Injury?
Successful escalator injury claims can include compensation for:
- Medical expenses: Emergency care, surgery, rehabilitation, and future treatment costs
- Lost wages: Income lost during recovery and reduced future earning capacity
- Pain and suffering: Physical pain and emotional distress from your injury
- Permanent disability or disfigurement: Additional compensation for lasting impairment, scarring, or amputation
In cases of egregious negligence, such as falsified maintenance logs or deliberately bypassed safety switches, punitive damages may also be available under NRS 42.005.
Every case is different. The compensation you may recover depends on injury severity, medical costs, lost income, the strength of evidence showing the defendant’s negligence, and other factors specific to your situation. We evaluate your case during a free consultation.
When Should You Contact an Escalator Injury Attorney?
Contact an attorney promptly if:
- Your injury required emergency care, surgery, or hospitalization
- You or your child suffered a crush injury, amputation, or disfigurement
- The property owner or insurer is asking for a recorded statement or pushing a quick settlement
- You suspect prior incidents or maintenance problems with the escalator
- Multiple parties may be responsible (property owner, maintenance company, manufacturer)
Escalator cases require expert analysis and access to records that property owners do not hand over voluntarily. Without prompt legal action, surveillance footage gets erased, electronic fault data is overwritten, maintenance records become unavailable, and your ability to prove what happened weakens.
Escalator injury claims require careful evaluation of the malfunction, maintenance history, and Nevada inspection records. With over 40 years as a personal injury attorney, Jack Bernstein knows how to investigate premises liability and product liability claims involving escalator malfunctions. He can preserve critical evidence, work with engineering experts, and pursue the property owners, maintenance companies, and manufacturers responsible for your injury.
If you or a family member was injured by an escalator in Las Vegas or anywhere in Nevada, contact Jack Bernstein Injury Lawyers for a free consultation: (702) 633-3333. You pay no attorney fees unless we win. Jack’s got your back.
