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Lawsuit against Macy's alleges defective escalator

Kids in Illinois and across the nation may go to great lengths to make an impression with their Halloween costumes. Often, such effort requires homemade innovations and personal accessorizing. With Halloween and other autumn shopping well underway, Illinois consumers have likely encountered busy department stores.  However, high volume is no excuse for a slip-and-fall that might occur on the premises.

One recently filed lawsuit against Macy’s illustrates the seriousness of charges that may arise when customers or other invitees on commercial property are injured. The lawsuit claims that an allegedly dangerous escalator injured the 10-year-old girl’s foot. 

According to the complaint, there was a dangerous gap between steps in the escalator. The complaint alleges that this defect sucked the girl’s right sneaker into the machine and trapped her leg. Rescue workers had to dismantle the escalator’s landing area in order to free the girl.

Although the girl was rushed to local hospital care, she nevertheless lost two toes from the accident and has had to undergo multiple surgeries, as well as rehabilitation to regain her walking ability. The premises liability lawsuit is seeking damages of $10 million.

A slip-and-fall lawyer might agree that there is no excuse for poorly maintained walkways or escalators. An attorney may have strategies for presenting evidence that establishes that the pedestrian area in question failed to meet applicable safety standards or presented a reasonably foreseeable danger to invited customers and guests. If a jury agrees that the department store breached its duty of care in presenting safe pedestrian areas, the resulting damages awarded in such a lawsuit could be substantial.

Source: newyork.cbslocal.com, “Family Of Girl Hurt In Escalator Accident Files Lawsuit Against Macy’s,” Juliana Valdez, Oct. 8, 2013

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