Texas Escalator Injury Attorney

injured on an escalator

A Texas couple is suing footwear maker Crocs, and a Waikiki resort after their 2-year-old son’s foot got caught in an escalator while the family was in Hawaii for a convention.

The boy’s parents, Flora Kim and David Kang, say the shoes were negligently and improperly designed, the lawsuit states.

They are also placing blame on the Hilton Hawaiian Village resort, for failing to maintain the escalator’s safety.

Along with their son, the Dallas couple says they were leaving the convention’s opening ceremony in a resort ballroom when the boy’s foot became entangled and sucked into a space between a step and the sidewall of the escalator.

According to court documents, the escalator tore off an extensive section of skin from the toddler’s left foot, which required emergency surgery.

According to the lawsuit, which was initially filed in Hawaii state court in June, the boy travelled almost the entire distance between floors before a bystander was able to activate the emergency stop button. His foot was trapped for nearly an hour before a rescue team arrived with the proper equipment, court records show. The lawsuit was transferred to federal court just last week.

The boy’s injuries caused him to spend two days at a Honolulu hospital where he underwent emergency surgery. He then required two more surgeries – one to repair skin on his injured foot and one due to complications from the skin graft site. He received additional medical treatment upon his return to Texas. According to the family’s lawyer, the escalator severed tendons and muscles, and broke bones. He also adds that the boy was holding his mother’s hand when the accident occurred.

A spokesperson for Crocs told media last Thursday that it is company policy not to comment on pending litigation.

This is not the first time a child has been injured while wearing the company’s footwear on an escalator. The reports of serious injuries have all involved young children. It it said the cause of the problem is in fact what attracts most parents to the shoe itself: flexibility and grip.

Reports states that shoes get caught at the bottom or top of an escalator, or in the crack that appear between steps when the machine is in use.

Escalator Injuries on the rise

According to the American Association for Justice, for every one accident that happens on an elevator, there are 18 accidents suffered on an escalator, and these numbers have been on the rise since the early 1990s.

A staggering 60% of injuries reported between 1990 and 1994 were to children 14 and under, and seniors 65 and over. Although a large number of the injuries caused were due to the footwear being worn by the victim, the majority of escalator injuries are actually caused by falls. Over three-quarters of all hospital treated escalator injuries in the U.S. result from falls. Out of the 27 escalator-related deaths reported from 1985 to 1999, 21 were due to falls.

What A Texas Escalator Injury Attorney Can Do To Help

So why are these accidents still occurring? According to the AAJ, the escalator industry has been extremely successful at convincing investigators that most falls are caused the the victim themselves, whether it be caused by horseplay, intoxication, or gross misuse.

It is for this very reason that it is important that you contact a skilled and qualified Texas Escalator Injury Attorney immediately if you, or someone you love, have been injured while on an escalator. There are three potentially responsible parties when it comes to escalator accident personal injury claims: the property owner, the elevator manufacturer and the maintenance company.