Trauma from dress caught in escalator?

by S
(Shafter, CA)

I was coming down on an escalator at a casino, and when I got to the very last step my dress got caught. I was not able to free it by pulling it and I became worried that my dress was going to be torn off of me.

It took forever until help arrived. The shut off button did not work so scissors were retrieved to cut my dress free. I was so very humiliated by the crowd that had gathered & felt very embarrassed. I am now terrified of escalators & have concerns of safety issues.

Can I pursue any compensation for this? Isn't the casino responsible for having an escalator that malfunctioned? Things could have been much worse. Thank you.

Visitor Question:
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ANSWER for "Trauma from dress caught in escalator?":

S (Shafter, CA):

From the facts you present, the casino doesn't have much, if any of a defense to the destruction of your dress. The casino owners have a legal duty of care to be sure their visitors are safe from undue harm and injury.

While they failed in protecting your dress from being damaged, they didn't breach their legal duty of care when it came to any injuries you might have sustained.

While no one would argue the event was traumatic, you thankfully weren't physically injured. If you had been injured, the casino would have probably been liable for your medical bills, out-of-pocket expenses, lost wages (if you weren't able to work during your treatment and recovery), and an additional amount for your pain and suffering.

Contact the casino corporate office. They likely completed an Incident Report at or about the time of the event. Before doing so, be sure you have the receipt for the dress. If you don't have it, find the price of a similar dress and present that to them.

Hopefully they will reimburse you for the cost of the dress. Who knows...they might comp you a room and give you some chips as their way of apologizing.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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