Family of boy killed in escalator accident files lawsuit

By: Daun Lee

Dudley 6/10/2011 03:02 AM GMT (TransWorldNews)

The family of a Massachusetts boy who died from injuries he suffered after falling from an escalator in a local mall has filed a wrongful death lawsuit, aided by an accident lawyer.

The boy, Mark DiBona aged four, was at the Sears Department store in Dudley, Massachusetts with his parents when the accident occurred. He fell through a six inch crack between a hand rail and the post holding up the rail. The boy fell two stories onto a glass case; he died a day later from his injuries. State building codes require no more than a four-inch gap between railings. Two building inspectors were fired for approving the escalator plans despite the violations.

The lawsuit names Botany Bay Construction Company, Sears Roebuck and Company, Simon Property Group and Schindler Elevator Corp., along with two other defendants. The lawsuit alleges gross negligence and is asking for an unspecified amount.

The family of Mark DiBona is suffering and has employed an accident attorney to obtain compensatory damages. The lawsuit can give the family some sense of justice.

Accidents are most often caused by the negligence of another, in the case of the DiBona boy; numerous defendants are named as the careless parties, who took no appropriate action to prevent an accident. The death of Mark DiBona could have been prevented by any one of the named defendants had they been following the required building codes. To win favorable judgments, accident lawyers must prove negligence


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