Mark DiBona, 4, of Dudley died on Saturday from severe injuries he sustained Friday night at the Auburn Mall when he fell off an escalator on the second floor and landed on a jewelry display case on the first floor. It was reported by The Boston Globe that he suffered a serious head injury from the escalator accident and was taken to an area hospital for medical treatment but died the next day. The little boy had his hands on the rail when he was pulled forward and fell through a gap between the escalator and the wall. The gap was over 6 inches wide and should have been covered by a safety guard but was not. Gaps of this nature exceeding 5 inches are required by law to be covered.
Two unnamed inspectors who were responsible for reviewing this escalator outside the Sears store in the mall have now been suspended by the Department of Public Safety. They had inspected the escalator as recently as December of 2010 and did not cover it and made no report of the gap in their review. It was reported that there will be a thorough check of the escalators that the suspended employees had previously reviewed. The Worcester District Attorney’s office is continuing to investigate the tragedy.
Falls and Brain Injuries
The Centers for Disease Control and Prevention (CDC) reports that the most commonly cited causes of a traumatic brain injury (TBI) are falls, which account for more than 50% of all cases of TBI in both children and adolescents. In all, roughly 35% of people who fall and are injured across the country experience a TBI.
When You Need to Talk to the Best Lawyer in Massachusetts
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 Massachusetts 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. 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.

