Escalator Injuries: Who’s Responsible When Someone Falls?

By Yosi Yahoudai Founder and Managing Partner

August 26, 2025

Personal Injury

A 94-year-old woman suffered serious injuries after falling on an escalator inside a San Diego department store. Witnesses say something “didn’t feel right” about the movement just before the fall. Whether it was mechanical failure, poor maintenance, or a lack of staff assistance, when an escalator injury occurs inside a store, it’s not just an accident. It’s a question of accountability. 

Can Stores Be Held Liable for Escalator Injuries?

Yes. California premises liability laws require stores to maintain a safe environment for all customers. That includes regularly inspecting and servicing escalators. If an injury results from a known hazard – like faulty brakes, sudden stops, or missing signage – the store may be responsible. 

Retailers cannot shift blame onto the victim when the danger was preventable. Failing to repair, replace, or block off unsafe equipment can be grounds for a personal injury claim. 

Are There Special Protections for Elderly Shoppers?

While California law doesn’t carve out specific escalator rules for seniors, courts recognize that older adults may be more vulnerable. This matters during trial or settlement negotiations. 

Juries often weigh age, physical ability, and reasonable expectations when determining negligence and damages. That’s especially true when the fall impacts a senior’s long-term mobility, independence, or health. 

“An escalator fall isn’t just a fluke,” claims Arthur Dermendjian, Pre-litigation Managing Attorney at J&Y Law. “It’s often the result of neglect that’s been quietly building for years. When a store fails to service its machinery or ignores signs of malfunction, it’s not just careless, it’s dangerous. For elderly victims I work with, the consequences can mean the loss of independence, dignity, and basic mobility.” 

What Evidence Helps in Proving Liability?

The strength of a personal injury claim often comes down to documentation. In escalator fall cases, the following can make or break your case: 

• Surveillance Footage: Store cameras may capture the incident or the escalator’s condition before the fall. 

• Maintenance Logs: A lack of timely inspections or repairs can point to negligence. 

• Witness Statements: Bystanders often notice jerky movements, slippery surfaces, or poor lighting. 

• Prior Complaints: If others previously reported issues, the store had notice and failed to act. 

Gathering this evidence early is key. Surveillance videos can be erased within days. 

“Under California law, a property owner can’t hide behind the excuse that an injury was unforeseeable if warning signs were there,” explains Dermendjian. “If staff or management knew that an escalator posed a hazard, they can and should be held liable. Especially when the victim is someone in their 80s or 90s, the law allows us to shine a light on their vulnerability and demand justice tailored to the full human cost of that fall.” 

What Damages Can Injured Customers Pursue?

If you or a loved one has been hurt on an escalator, you may be entitled to compensation for: 

• Hospital bills and surgery 

• Physical therapy and mobility devices 

• Pain and suffering 

• Emotional trauma 

• Loss of independence or quality of life 

These line items can help you restore stability, dignity, and peace of mind. 

What Should You Do After an Escalator Injury?

If you or someone you love is injured on store property: 

1. Report the Incident to a manager and request a copy of the incident report. 
2. Seek Immediate Medical Attention, even if injuries seem minor. 
3. Preserve Evidence: Take photos, collect witness info, and keep all related documents. 
4. Contact a Personal Injury Lawyer experienced in premises liability cases. 

Talk to J&Y Law About Escalator Accidents

Escalator falls are traumatic and can result in lasting consequences, especially for older adults. At J&Y Law, we don’t wait for corporations to “do the right thing.” We win, and that’s no accident. 

Let us review your case. Call (877) 735-7035 today for a free consultation and take the first step toward recovery and justice.