Fell on Moving Sidewalks Can I Sue


Hi, I’m Indiana personal injury attorney David Holub.

We have all seen escalators. Now moving sidewalks that work much like escalators are becoming popular.

What are your legal rights if you fall when using a moving sidewalk at a store due to a malfunction?

We used to get calls involving falls on escalators. But, as malls and two-story department stores close, escalator falls are happening less frequently.

However, we find that home improvement chain stores have installed moving walkways to permit customers and their shopping carts to move between the first and second floors. These walkways are a bit like escalators in how they function but are more like moving ramps instead of stairways.

A unique appeal for moving walkways is that customers can take their carts while moving between floors. These rolling walkways act like escalators to move customers and their carts between levels. Shopping carts are equipped with unique wheels to lock to the walkway and then release at the top.

Like escalators, moving walkways require frequent inspection and maintenance. But, because they involve carts that are supposed to lock to the walkway and then release at the end of the trip, carts can malfunction, or the walkway can malfunction. Or, both can malfunction.

In any event, it is the property owner’s legal responsibility to provide safe premises for the customer. So liability claims will center on establishing fault on the property owner, the maintenance and repair company, and the maker of the walkway and the carts.

I hope you found this information helpful. If you are a victim of someone’s carelessness, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. We also invite you to subscribe to our weekly podcast: Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

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