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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 visited Hawaii for an oral surgeon convention.
The lawsuit says the Crocs shoes were “negligently and improperly designed,” while the Hilton Hawaiian Village was also negligent in maintaining the escalator’s safety.
According to the lawsuit, the escalator tore off an extensive section of skin from the toddler’s left foot, requiring emergency surgery.
Flora Kim and David Kang, of Dallas, were attending the annual meeting of the American Association of Oral Maxillofacial Surgeons in September 2014 with their son. Their lawsuit said 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.
“Eventually a bystander was able to activate an emergency stop button, but not until (the boy) had traveled almost the entire distance between floors while his foot was painfully trapped in the moving escalator,” said the lawsuit, initially filed in Hawaii state court in June but transferred to federal court this week.
The boy’s foot was trapped for nearly an hour before a rescue team arrived with proper equipment. He spent two days at Honolulu hospital after emergency surgery and received additional medical care in Texas. The boy had two more surgeries — one to repair skin on his injured foot and one due to complications from the skin graft site, the lawsuit said.
Thanks to inaccurate movies and phobias people are more scared of elevators than escalators. Escalators are motorized meat grinders. Even in perfect condition, these accidents are possible if people ignore the warning signs and instructions on escalators. If the escalator's safety features were working and the escalator was in good working condition then there should be no liability on the part of neither the hotel nor shoe. It would be a problem of lax parenting. If any of the safety features involved in the accident failed then it would be a liability for the hotel and or the repair company that services the elevator. Does the state have a required independent or state official inspection program and if so, when was the last inspection.
I knew a girl (this was 30 years ago) who broke her ankle severely when her shoelace got caught in an escalator. No one thought of suing the shoelace manufacturer back then. They just went to the hospital and learned an important lesson about one's personal responsibility for their own safety.
I hate escalators. They had one malfunction at the airport here years ago. It suddenly went flat ( like when they are turned off ) turning the whole thing into a giant slide. People and their luggage all came tumbling down on each other. What a mess.
Because of our state laws about liability at the airport, maximum damages would have been paid at 10k, if i recall correctly. If your medical bills and lost wages exceeded that? Too bad.
Poor kid. Bet he has a phobia of those things for life. Hope he doesn't lose part of his foot.
I hate escalators. They had one malfunction at the airport here years ago. It suddenly went flat ( like when they are turned off ) turning the whole thing into a giant slide. People and their luggage all came tumbling down on each other. What a mess.
Because of our state laws about liability at the airport, maximum damages would have been paid at 10k, if i recall correctly. If your medical bills and lost wages exceeded that? Too bad.
Poor kid. Bet he has a phobia of those things for life. Hope he doesn't lose part of his foot.
Uh they don't normally go flat when they stop running
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