Boston Child Brain Injury Blog

According to an article out in The Boston Globe this week, the family of Mark DiBona, 4, has announced that it has filed a wrongful death claim for the death of their son. DiBona fell to his death in an escalator accident on March 11 at the Auburn Mall.

There was a large gap that should have had a protective guard covering it at the very top of the escalator that DiBona had fallen through while riding the escalator. The lawsuit was filed in Worcester Superior Court yesterday and aims to hold a number of companies liable for the little boy’s tragic death.

Massachusetts Escalator Inspections
It has been previously reported by the Globe that just 44 out of the nearly 200 escalators
in Massachusetts malls were inspected over the course of 2 years, from 2008 to 2010. Inspectors reportedly failed to examine certain escalators at all for those 2 years and those that were reviewed by inspectors were found to be in need of repairs in over 50% of reviews. Additionally, 22 escalators within malls across the state had to be completely shut down for serious public safety concerns.

When You Need to Talk to a Boston Injury Attorney
If your child has been seriously hurt by another, you shouldn’t have to pay for ongoing medical care and treatment. A serious injury may require lifelong care and financial support. Accepting a settlement offer without the guidance of a skilled Boston injury attorney can leave you and your child ill prepared for the road ahead. Your child deserves a legal team who is experienced in handling child injury cases in Massachusetts and one who can ensure that he or she will receive fair compensation for his or her injury.

Before you sign any insurance claim forms, give a recorded statement to the insurance adjuster, or agree to a settlement offer, schedule your FREE case evaluation today by calling 800-930-8145.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us at 800-410-2769, or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Mark DiBona, 4, of Dudley fell off of an escalator on the second floor Friday night in the Auburn Mall and onto a display case on the first floor, resulting in a severe head injury. DiBona was rushed to an area hospital for medical treatment but succumbed to the serious injuries from the escalator accident the following day. The boy was holding onto the moving hand rail when he was forced forward and fell off of the escalator through a space of over 6 inches between the top of the escalator and the wall.

Two unidentified inspectors have been suspended without pay by the Department of Public Safety because they had just inspected the escalator outside Sears in December of 2010 and reportedly should have covered the gap that was more than 6 inches wide but did not report or over the gap. Any gap that exceeds 5 inches is supposed to be covered with a safety guard. There will be a full review of the escalators that the two former employees had reviewed in previous months. The investigation into the tragic death is ongoing by the Worcester District Attorney’s office.

Our thoughts are with the DiBona family at this very difficult time.

Statistics on Brain Injuries
According to the Centers for Disease Control and Prevention (CDC), the most common causes of a traumatic brain injury (TBI) are falls, accounting for over about 50% of the total cases of TBI among children and adolescents. Overall, just over 35% of the individuals who fall and are injured in the U.S. experience a TBI.

When You Need to Talk to a Boston Brain Injury Lawyer
If your child has been seriously hurt by another, you shouldn’t have to pay for ongoing medical care and treatment. A serious injury may require lifelong care and financial support. Accepting a settlement offer without the guidance of skilled Boston injury lawyers can leave you and your child ill prepared for the road ahead. Your child deserves a legal team who is experienced in handling child injury cases in Massachusetts and one who can ensure that he or she will receive fair compensation for his or her injury.

Before you sign any insurance claim forms, give a recorded statement to the insurance adjuster, or agree to a settlement offer, schedule your FREE case evaluation today by calling 800-930-8145. You can also learn more about how to best handle your child’s injury by requesting a FREE copy of our Massachusetts child injury book.