In a wrongful-death complaint filed Wednesday in Worcester Superior Court, lawyers for Eric and Laura DiBona claim that the escalator at Sears “created a dangerous and defective condition” that violated state building codes, escalator safety standards and ASME standards.
Mark DiBona was at Sears with his family on March 11 when he fell from the second floor to the first through a 6-inch gap between the escalator and the adjacent balustrade. The gap was 2 inches wider than allowed under state building code, said Tom Smith, the family’s lawyer. Mark died of head injuries the following day.
Read the full story via Boston Herald – Parents sue over toddler’s escalator death