In March, our Boston injury lawyers published a blog post on the tragic Worcester County escalator accident at the Auburn Mall that claimed the life of 4-year-old Mark DiBona. Now, his family has filed an Auburn, Massachusetts wrongful death lawsuit against Sears Roebuck and Co., the Simon Property Group, the Mall at Auburn LL, Schindler Elevator Corp., Botany Bay Construction Co., and Mayflower Auburn LP. seeking unspecified damages for gross negligence and negligence.
The little boy died after he fell two stories through a 6-inch space of an escalator located in the Sears store at the Auburn Mall. The gap was bigger than the 4-inch maximum allowed under state building codes.
Following the Massachusetts escalator accident, the two inspectors who certified the escalator as being in compliance with the safety code were suspended. The state has also started taking steps to get them terminated from their jobs.
There are currently 51 escalator inspectors in Massachusetts. Each escalator is supposed to be checked yearly. However, when the 927 escalators in the state were recently reinspected, it was discovered that 69 of them were missing barricades.
Escalator accidents can result in tragic accidents. Granted, riders are supposed to hold on to the rail and not wear any clothing that could cause them to get stuck on an escalator. It is still, however, the responsibility of the owner of an escalator to make sure that it is safe to ride. Any hazards should be removed, malfunctions must be remedied immediately, and inspections need to occur as scheduled.
If you or someone you love has gotten hurt in a Boston escalator accident, there may be multiple parties who should be held liable.
Common causes of escalator accidents:
• Improper installation • Missing parts • Inadequate maintenance • Mechanical malfunctions
Boy’s family files lawsuit, Telegram.com, June 10, 2011
Family files suit over Auburn Mall escalator death, Boston, June 9, 2011
Related Web Resources:
Auburn Building Code Enforcement
Massachusetts Department of Public Safety
More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011
Boston Wrongful Death Lawsuit Seeks Damages For Family of 82-Year-Old Who Was Strangled When Clothing Got Stuck on MBTA Escalator, Boston Injury Lawyer Blog, November 4, 2009