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After child's injury, family sues mall for property liability

When you or a loved one has been seriously injured on someone else’s property, you may be entitled to compensation. Property liability lawsuits generally focus on the property owner’s negligence or other factors that resulted in a hazardous condition.

A recent lawsuit from New Jersey is a good example. Just over a year ago, a family was shopping at a Macy’s store when their 10-year-old child got her foot trapped in a dangerous escalator. The girl lost two toes as a result of her injuries.

The family filed a lawsuit against Macy’s and ThyssenKrupp Elevator, the company responsible for maintenance and repair of the escalator. ThyssenKrupp is accused of negligent maintenance and repair, while Macy’s is accused of negligent supervision over ThyssenKrupp.

According to the lawsuit, the girl was riding the escalator with her mother when her right foot and leg somehow became trapped. A passerby heard the commotion and managed to hit the “emergency stop” switch on the escalator, but freeing the girl’s foot and leg still proved difficult. Since the accident, the girl has reportedly undergone 13 surgeries and her smallest two toes on the right foot needed to be amputated.

The accident occurred at an upscale mall. While this type of incident is somewhat unusual, injuries suffered at malls and other commercial properties are not. Common examples include:

  • Slips, trips and falls on wet or uneven floors
  • Injuries suffered in parking garages and parking lots caused by poor traffic control or inadequate security
  • Accidents in the winter caused by snow and ice that have not been cleared properly or in a timely fashion

Not all injuries and accidents that occur on someone else’s property will be eligible for a property liability claim. But if you or a loved one has been injured, it is worth looking into possible property owner negligence. An experienced personal injury attorney can help you determine if your injuries may be compensable.

Source: Courthouse News Service, “Macy's Escalator Injury Claims Move Forward,” Rose Bouboushian, Oct. 3, 2014

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