A 4-year-old Massachusetts boy died in an escalator accident at the Auburn Mall on March 11, 2011. His family has filed a wrongful death lawsuit on his behalf in Worcester Superior Court. Mark DiBona was shopping with his family in the Sears store at the Auburn Mall when he fell through the gap between the clear glass barrier and the escalator to the ground floor below.


The Complaint alleges that Sears, Roebuck & Co, Simon Property Group Inc., Schindler Elevator Corporation and Botany Bay Construction are responsible for the wrongful death of 4-year-old Mark DiBona.

Following the young boy’s death, two state inspectors were fired for failing to detect that the gap in question was wider than permitted. In the meantime, the Massachusetts state senate has approved measures that would toughen requirements on escalators and elevators.

Wrongful death actions are lawsuits brought on behalf of a deceased person’s beneficiaries, alleging that a death was attributable to the willful or negligent act of another. The circumstances leading to wrongful death are varied, and can include such incidents as drowning in pools, oceans or other bodies of water; car, aircraft and other transportation accidents; medical malpractice including negligent medical care and treatment by doctors and hospitals; gas and electrical explosions or fires; construction and workplace accidents; nursing home abuse; product liability involving defective consumer or commercial products; and injury related to recreational vehicles such as ATVs and boats.

The emotional damage and economic losses caused by a wrongful death can be devastating. Families and loved ones of decedents should not make any major decisions without first contacting an attorney. At Swartz & Swartz, P.C., we understand that wrongful death litigation cannot make up for the loss of a loved one. Nevertheless, we have the experience necessary to make sure your rights are protected, and that you have the supports in place that will be needed to get through a very difficult time.

If a loved one has died due to someone else’s negligence, please contact us. If you want to speak with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are prepared to answer your questions and discuss how you can protect your legal rights.

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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