Parents File Lawsuit after Son Loses Toes in Escalator Accident

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According to New Jersey On-Line, the parents of a seven-year-old boy who had his toes amputated in an escalator accident in 2014 are suing the escalator company and Pennsylvania mall in which it occurred.

Details of the Lawsuit

Celestino Rivas and Maria Jimenez were on a Christmas shopping trip at the Oxford Valley Mall when the traumatic accident occurred. Jimenez and her son were riding the escalator from the second floor to the first floor when the boy started to scream.

The boy’s right foot became caught and dragged into a gap between the step and the right side skirt panel, reports New Jersey On-Line. The escalator kept moving as the boy’s foot was trapped inside until someone activated the emergency stop. Rescue crews were able to free the boy after roughly 30 minutes as his mother and father watched on.

According to New Jersey On-Line, the lawsuit states that the boy suffered blood loss, partial amputation of his small toe, and degloving of the toes on his right foot. He was transported to the Children’s Hospital of Philadelphia. Doctors had to amputate every toe on the boy’s right foot and perform surgery on his foot and leg over the next month following the tragic accident, according to the lawsuit.

The family’s attorney says the injuries sustained in the escalator mishap left the boy unable to walk like he used to. New Jersey On-Line reports that the family is seeking damages not only for the pain and suffering of their child but for the pain of watching their son suffer through such a traumatic event.

The lawsuit says both the Schindler Corporation escalator company and the Oxford Valley mall were negligent in maintaining and repairing the escalator. In addition, the suit claims the boy was wearing adequate footwear at the time of the accident.

Negligent Property Owners and Premises Liability

When a property owner neglects to keep their property or properties safe, they are endangering you and those around you.  No one should worry about being injured when going about their daily lives.

Premises liability holds business owners, city governments, and property owners liable for injuries that occur on their properties including matters of negligent maintenance or unsafe premises. Thomas J. Henry has handled and continues to handle numerous premises liability cases.

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