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Boston escalator accident on MBTA property may also involve product liability claim

An 8-year-old tourist has been hospitalized after being seriously injured in a Boston escalator accident at a MBTA station, according to NECN.

Instead of heading to Maine for a family wedding the girl is at Massachusetts General Hospital for Children, where she is being treated for a serious foot injury that could result in amputation of her big toe.

The incident occurred after a family outing for dinner on Monday night. As they were taking the T back to their motel, Neil’s plastic Croc shoe got tangled in the escalator. The escalator reportedly kept churning even after the girl’s father and an attendant began pounding on the kill switch.

By the time the girl was freed, part of her foot was crushed.

Part of the blame could rest with the Croc shoes, which have been linked to serious escalator injuries for years. In such cases, a Massachusetts product liability claim may be filed to recover damages for an injury victim.

But that doesn’t answer questions about why the escalator kill switch failed. Last year, an elderly Boston woman strangled to death when the kill switch failed on a T escalator.

The MBTA’s words of wisdom? Parents should be “extra vigilant” when traveling with children. Sorry, but passengers are not required to use “extra vigilance” to protect themselves from poorly maintained escalators or other negligence conditions on MBTA’s property.

That is MBTA’s responsibility and the system can and should be held liable for the damages that result — both to compensate injured victims and to ensure that corrective action is taken that prevents a similar incident from occurring in the future.

If you have been injured in a Boston escalator or elevator accident, or on MBTA property, contact Massachusetts Injury Attorney Jeffrey S. Glassman for a free and confidential appointment to discuss your rights. Call 877-617-5333.