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by The Stoddard Firm - March 21st, 2023
For decades, MARTA has relied upon Schindler Elevator Corporation for its escalator and elevator maintenance. As we’ve detailed elsewhere on this site, there have been a disturbing number of escalator accidents in MARTA stations during that time, including an incident where three escalators failed in a single day.
To be fair to MARTA, Schindler is one of five extremely powerful international companies in the elevator/escalator industry. The European Commission, a trade regulatory organization for the European Union, fined all five of them for alleged price-fixing in 2007. Four of the five, including Schindler, have also been accused of contributing to crisis-level maintenance breakdowns across Canada.
MARTA did briefly experiment with at least one other maintenance company, namely Elevator Specialists, with horrifying results.
Getting adequate escalator and elevator maintenance services is no doubt a challenge, but the fact remains that the safety standards MARTA passengers are currently experiencing are simply not good enough.
There isn’t much public information yet on the man who was injured at MARTA’s Arts Center Station on February 20th, 2023. What we do know is that Atlanta Fire Rescue responded to a call a little before 7am and found the man with his arm still stuck in the escalator. Responders were able to free him and transport him to Grady Hospital.
His identity, his current condition, and the exact details of his accident have not been released.
There are two main areas of an escalator where an arm can get stuck:
A girl from California who survived the latter type of accident in August 2022 did share her experience in detail. According to her account, she was riding an escalator at MainPlace Mall in Santa Ana with her cousin and sister, on their way to see a movie, when she noticed her shoelace was stuck between the steps. She successfully dislodged it, but lost her balance. When she tried to pull herself back up by the handrail, her hand was pulled underneath. She also says that her cousin and another guest had to press the emergency stop button repeatedly before finally getting it to work.
MainPlace Mall did, incidentally, have a contract with Schindler as of 2018.
Escalators are supposed to have safety guards to minimize the possibility of limbs catching in any of their workings. Every single incident in which a rider becomes entangled in an escalator deserves a proper investigation.
MARTA and Schindler Have Been Co-Defendants Before, and Can Be Again
At least twice before, escalator accident survivors have sued MARTA and Schindler together, and won against both companies. The survivors had suffered serious injuries in separate accidents in 2006 and 2007.
The reasoning behind suing both companies is fairly simple. Like all companies and organizations, MARTA and Schindler both have a responsibility to make sure the services they provide, and the spaces they control, don’t pose a public safety hazard.
By now, MARTA would appear to have plenty of reason to distrust Schindler’s safety capabilities. At the same time, MARTA’s choice to continue working with Schindler, instead of seeking out smaller, local maintenance companies, does not absolve Schindler of its duty to do a better job in the future.
When two organizations contribute to an accident, neither organization’s mistake should be allowed to erase the other’s accountability. And, on a practical level, being able to name multiple negligent parties can give the survivor a better chance of winning fair compensation from at least one of them, or a combination of both.
If you are the survivor of the Arts Center Station escalator accident, or if you have also been harmed by a malfunctioning escalator or elevator at a MARTA station, reach out to The Stoddard Firm for a free consultation on your case.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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