Family Files Wrongful Death Lawsuit After Child Falls and Dies in a Sears Store

According to New York Injury News, a wrongful death lawsuit has been filed against Sears, Roebuck &Co, Simon Property Group Inc., Schindler Elevator Corporation and Botany Bay Construction after a 4-year-old fell and died from an escalator.

The family of the Massachusetts’ boy said that the child fell from an escalator in the Sears Department Store and died from fatal injuries. The DiBona family filed the wrongful death lawsuit in the Worcester Superior Court, claiming the child fell through the gap between the up and down escalators at the department store. The boy fell nearly 18 feet before landing on a display case inside of the store.

The boy was rushed to the University of Massachusetts Medical Center for treatment of his life-threatening injuries, but died a few days later after succumbing to his injuries.

The wrongful death lawsuit asserts that the replacement escalators that were installed created a dangerous condition between the escalator and the railing at the mall. The family said the lawsuit will not bring their child back but they can try to ensure that no other family has to endure the same kind of pain and loss. DiBona’s are seeking unspecified damages. An Orlando injury lawyer can answer your questions about wrongful death cases.

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