Can I sue when an escalator catches clothing or a limb in a Georgia mall?

· 3 min read

An escalator entrapment injury at a Georgia mall can give rise to a claim, most often against the property owner or operator and sometimes the maintenance company or manufacturer. As with elevators, Georgia applies a high standard of care to escalators, but the injured person still has to connect the harm to a defect or neglect that the responsible party should have addressed.

The standard of care for escalators

Georgia treats escalators much like elevators for purposes of safety. An owner or operator owes a duty of extraordinary care to people using the escalator, and that duty cannot be passed off to a service contractor. Worn or missing skirt brushes, excessive gaps between the steps and the side panels, broken comb plates at the top and bottom, and malfunctioning emergency stops are the kinds of conditions that can catch clothing, shoes, or a limb. When such a defect existed and the operator should have found and fixed it, the failure can support a negligence claim.

Liability is not automatic, though. An injury alone does not prove negligence. The injured person generally must show the operator knew or should have discovered the dangerous condition and failed to repair it, warn riders, or shut the unit down.

Who may be responsible

A mall escalator injury can involve several parties, and Georgia apportions fault among them under O.C.G.A. § 51-12-33, including parties not named in the suit:

  • The mall owner or operator responsible for safe operation and maintenance.
  • A maintenance or inspection company whose negligent service allowed the hazard.
  • The manufacturer or installer of a defectively designed or built escalator or component, under product-liability principles.

Because the owner’s duty over the escalator is non-delegable, contracting out maintenance does not eliminate the owner’s responsibility, even though the contractor can also be liable for its own negligence.

The role of the rider’s own care

Georgia weighs the rider’s conduct through comparative fault. Loose clothing, untied shoelaces, or sitting on a step can factor into how a jury divides responsibility. Under O.C.G.A. § 51-12-33, a claimant’s recovery is reduced by their percentage of fault and barred entirely at 50% or more. The presence of warning signs and the obviousness of any risk can also bear on the analysis.

The bottom line

An injured rider may have grounds to sue after an escalator catches clothing or a limb in a Georgia mall, with the owner or operator the primary focus because of the heightened, non-delegable duty of care. Recovery depends on showing a defect the responsible party should have addressed, identifying any maintenance company or manufacturer at fault, and accounting for the rider’s own care under Georgia’s percentage-based rules.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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