Colby O’Brien, 8, died earlier this month after he was struck by a television set that fell on him. O’Brien and his twin sister were watching Toy Story 2 during an afterschool program at Elm Street Elementary School in Gardner when the tragedy happened.
An investigation is pending to determine exactly what happened to cause the Massachusetts falling objects accident. However, one parent whose child attends the school said that the TV sets used at the school are typically the “big, old fashioned boxy” type and they are usually placed on metal carts.
Witnesses who were there when the Gardner injury accident happened at the school said that they didn’t see the television fall on O’Brien. After hearing a bang, they turned to find the boy on the floor with the TV on him.
Depending on the specifics of what happened, O’Brien’s family could have reason to sue the school, the district, and others for the boy’s Massachusetts wrongful death. Schools are responsible for their students’ safety. This includes providing adequate supervision and making sure there aren’t any hazards on the premise that could lead to an injury accident. Defective products, sexual assault, playground accidents, accidents at athletic events and other school programs, and violent crimes on the property are just some of the other reasons why parents of an injured child might want to pursue damages.
Objects placed at elevated heights-especially large or sharp items-can be a Massachusetts premises liability risk, which is why they should be properly secured. Falling object accidents may cause traumatic brain injury, spinal cord injury, neck injury, broken bones, and wrongful death. You want to work with a Boston premises liability lawyer that knows how to prove that a property owner was negligent in failing to prevent this type of accident from happening.
Gardner mourns after boy, 8, killed by falling television, The Globe, February 7, 2014
Premises Liability Overview, Justia
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