A Massachusetts family has filed a negligence lawsuit against Simon Property Group Inc., Sears, Schindler Elevator Corp. and Botany Bay Construction after their son fell into a gap between the escalator and railing.
Tom Smith, the family’s attorney, said that he gap was “wider than allowed by state law”. Smith also noted that the plans for the elevator’s installation “called for a barrier to close the gap”. However, neither Simon Property, the company who owned the mall where the incident occurred, nor Sears enforced the plan according to Smith.