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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1132
Experience:  Licensed attorney helping individuals and businesses.
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I was returning home to Toronto on October 30. It was after

Customer Question

Hello. I was returning home to Toronto on October 30. It was after 11pm and we were at the airport in Las Vegas. (McLaren?) We had just cleared security and were going down the escalator. I did not see an elevator. My fiancé was two steps behind me. He
suddenly remembered that he had left his CPAP machine at security. He had a carry on bad on rollers and left it to bound up the escalator and grab it. The escalator was moving quite fast. I turned to put my hand on the carry on and I fell onto the edge of
the step behind me with my back and the edge of the one I was standing on with my tailbone. No one was around so I had to pray that I wouldn't get caught in the machinery at the bottom of the escalator. I slid off and then tried to stand up. I managed to do
that as two ladies got on at the top. I made my way over to a wall for support. I thought someone might have seen me on a security camera but no one came by. I was in pain but we had to go to the other terminal to catch our Air Canada flight leaving at 1155.
I couldn't find anyone to tell and we were worried about missing the flight as it was the last one.I was unable to sleep on the plane because of the pain I got home and having only returned on Oct 25th from visiting family in Australia, I was tired and jet
lagged. Two days later the discomfort increased. I had bruising but was confident I had not broken anything. ( I am an RN),The pain in my lower back has become progressively worse and now radiates across my rt hip and down my leg. I saw my GP yesterday and
she said it was sciatica and would probably settle down. Do I have any recourse about this fall? I worked at Pearson International and we have cameras on every escalator. We also have staff to shut the escalator off and assist anyone who falls. There is follow
up too. I am 62 though look quite a bit younger (at least before I fell)
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.

Sorry to hear about your misfortune, but you do not have a right of recovery against the airport and its operators. There is no requirement that U.S. airports have cameras on every escalator or staff to shut down escalators if someone falls. In order for you to have a right of recovery, the airport would have had to have been negligent. Negligence in the U.S. is duty plus breach of duty, causation and harm. Here, the airport has a duty to passengers to take reasonable care to keep its premises safe. It does not sound from your story that the airport breached that duty. Your fiance bound up the down escalator. This is clearly misusing the escalator and is the cause of all the damages that followed. In the U.S. in the law we call it the "but for" or proximate cause of the damages. But for your fiance doing that, you would not have turned to put your hand on his abandoned carry all, and you would not have fallen. The airport was not to blame for your accident, so you have no right of recovery against the airport. Sorry.

Customer: replied 1 year ago.
I didn't think so. What he did was utter foolishness for a 54 yr old Senior Financial Analyst and Planner. Honestly. I couldn't believe that, and right after security! Good grief. I am reeling from what I've learned about Paris. We have 2 family members there....
Expert:  richanne96 replied 1 year ago.

I sincerely ***** ***** family members in Paris are unharmed. It truly is terrible what terrorists are doing around the world. If you are satisfied with my answer to your question, please give me a positive rating so I can be paid. Thank you.