Suffering an injury due to a fall on escalators or moving walkways is a traumatic event that can have significant physical consequences, ranging from minor bruises to complex fractures. In Milan, a city characterized by a high density of infrastructure such as ATM metro stations, Linate and Malpensa airports, and numerous shopping centers, these accidents are unfortunately frequent. Often, the victim tends to blame themselves, but it is crucial to understand that if the accident is caused by a malfunction, a sudden stop, or poor maintenance of the system, there is a right to claim compensation. As an expert lawyer in compensation for damages, the goal is to transform the suffering endured into proper legal protection, establishing the responsibilities of the operator or the owner of the facility.
Civil Liability and Governing Legislation
Italian law governs these situations primarily through Article 2051 of the Civil Code, which regulates liability for things in custody. According to this rule, the custodian (i.e., the entity or company managing the escalator or moving walkway) is objectively liable for damages caused by the thing itself, unless they can prove force majeure. This means that the operator's liability is presumed: it is not the injured party who must prove the custodian's fault, but rather the latter who must demonstrate that the event occurred due to an unforeseeable and exceptional external factor capable of breaking the causal link. However, to activate this protection, the victim has the burden of proving the causal link between the machinery's malfunction and the physical damage suffered. This is where precision in reconstructing the facts becomes decisive for the outcome of the compensation claim.
Studio Legale Bianucci's Approach in Milan
Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, approaches every case of injury on mechanized systems with a rigorous and analytical strategy. The investigative phase is crucial: the firm immediately acts to gather all necessary evidence, such as surveillance camera footage (essential in ATM stations or airports), witness testimonies, and intervention reports from authorities or security personnel. The firm's approach aims to counter the frequent objections from insurance companies, which often try to attribute exclusive blame to the user's distraction. Thanks to extensive experience in managing complex accidents, Avv. Marco Bianucci also carefully assesses biological damage and the impact on the client's earning capacity, ensuring that the compensation claim reflects the full extent of the prejudice suffered, whether material or non-material.
Frequently Asked Questions
Whose fault is it if I fall on an escalator in the Milan metro?
Responsibility generally falls on the public transport operator, such as ATM in Milan, as the custodian of the system. However, if the fall is caused by the user's imprudent behavior or an unforeseeable external event, compensation may be reduced or denied. It is essential to demonstrate that the fall resulted from a machinery anomaly, such as a sudden jolt or a broken step.
What should I do immediately after the accident to protect my rights?
The first fundamental action is to immediately report the incident to the surveillance staff and obtain an incident report. It is equally important to take photographs of the scene and the system, collect the details of any witnesses present, and go to the Emergency Room immediately to have the injuries documented. Without immediate medical documentation attesting to the link between the accident and the physical damage, it becomes very difficult to obtain compensation.
How long do I have to claim damages?
The right to compensation for damages arising from an unlawful act generally expires five years from the date the act occurred. However, it is strongly advisable to act promptly. Submitting the compensation claim in a timely manner allows for the acquisition of evidence that might otherwise be lost, such as video recordings which are only kept for a limited period.
Is it possible to obtain compensation if the accident occurs in a shopping mall?
Absolutely. Shopping malls have an obligation to ensure the safety of their customers and the proper maintenance of escalators and moving walkways. If the accident is caused by negligence in maintenance, such as the presence of unmarked slippery substances or defective steps, the company managing the facility or the maintenance contractor can be held liable for damages.
Request an Assessment of Your Case
If you have been a victim of an accident on an escalator or moving walkway in Milan, do not let time compromise your rights. Avv. Marco Bianucci is available to analyze the dynamics of the event and assess the feasibility of the compensation claim. Contact Avv. Marco Bianucci for an initial consultation and to define the most effective strategy to obtain fair compensation for the damages suffered.