Escalators are so common that we rarely think about them, until someone is hurt. A hand caught in a step, a fall on a moving stair, or a stroller that tips can all lead to serious injuries. This guide explains what the research says, what Illinois requires of escalator owners, who may be responsible, and what to do after an injury.
Escalator injuries and the rules behind them
What the research shows
A 2022 study in The American Surgeon, using the national injury surveillance system, counted 810 youth and 3,669 adult escalator-related emergency department visits from 2009 to 2019. Youth injuries decreased over time, while adults were more likely to suffer head, neck and facial trauma and fatal events. (Am Surg. 2022;88(3):364-367) The counts are cases recorded in the sample, not national totals.
Older national studies describe the patterns. A 2006 study of children from 1990 to 2002 found that falls accounted for about 51% of escalator injuries and entrapment for about 29%, and that children under five had the highest rate. (Pediatrics 2006) That data is old, so treat it as a description of how injuries tend to happen, not a current count.
What Illinois requires
The Illinois Elevator Safety and Regulation Act covers escalators and moving walks, and the Office of the State Fire Marshal administers it. The State Fire Marshal regulates conveyances outside the City of Chicago, which runs its own program. Owners must register their equipment, have it inspected annually by a state-licensed inspector, and display a Certificate of Operation on or in each conveyance. (41 Ill. Adm. Code 1000.20; 1000.150) The state rules adopt the ASME A17.1-2019 safety code for elevators and escalators; the State Fire Marshal describes the 2025 edition as under consideration. (41 Ill. Adm. Code 1000.60) A lawyer will check the version in force on the date of an injury.
What duty owners owe
In Tolman v. Wieboldt Stores, Inc., 38 Ill. 2d 519 (1967), the Illinois Supreme Court declined to treat an escalator like an elevator, holding that a store owes the same duty of reasonable care it owes any business visitor and refusing to treat escalators as common carriers. The Premises Liability Act, 740 ILCS 130/2, also requires reasonable care under the circumstances toward entrants on the premises. (740 ILCS 130/2) These claims are a kind of premises liability case.
Who may be responsible
Depending on the facts, responsibility can involve the building or business that owns or controls the escalator, a company hired to maintain it, and the maker if the equipment itself was unsafe, which can raise a product liability claim. Records often decide the case: inspection reports, the Certificate of Operation, maintenance logs, and complaints about the same unit.
After an escalator injury
- Get help and stop the escalatorLook for the emergency stop and ask staff to use it. A hand or clothing caught in the steps can get worse every second.
- Get medical careTreat head, neck or back pain as serious, even if the person can walk.
- Report it and keep a copyAsk for the incident report and the name of the manager.
- Document the equipmentPhotograph the escalator, the emergency stop, signs and the Certificate of Operation if displayed.
We also answer a related question in which lawyer handles elevator and escalator accident injuries.
Frequently asked questions
Who inspects escalators in Illinois?
Outside Chicago, licensed inspectors do the annual inspections under the State Fire Marshal’s program. Chicago operates its own program.
Is an escalator owner held to the highest degree of care?
In Illinois, the Supreme Court has said an escalator owner owes reasonable care, not the higher common carrier standard that applies to elevators.
Does a child have more time to file?
Generally, a person injured as a minor has two years after turning 18, but do not wait. Evidence is easiest to gather early.
Related guides: Design defect vs manufacturing defect; Strict liability in Illinois product cases; Why product liability cases are expensive; Illinois product liability lawyers.
Statistics and law reviewed October 23, 2026. This article is general information, not legal advice. Statutes, rules and court decisions change, and every case depends on its facts.
Hurt on an escalator? Call (312) 346-4262 for a free consultation. There is no fee unless we win.
Sources
- Age-related injuries from escalators. Am Surg. 2022;88(3):364-367
- McGeehan J, et al. Escalator-related injuries among children in the United States, 1990-2002. Pediatrics. 2006
- 41 Ill. Adm. Code 1000.20
- 41 Ill. Adm. Code 1000.150
- 41 Ill. Adm. Code 1000.60
- 740 ILCS 130/2, Premises Liability Act
- Tolman v. Wieboldt Stores, Inc., 38 Ill. 2d 519 (1967)
- 735 ILCS 5/13-202





