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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33404
Experience:  Began practicing law in 1992
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My little girl who is 6, was caught in an escalator. She was

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My little girl who is 6, was caught in an escalator. She was unharmed but yet, it took several minutes before any security arrived. The only help available when the event happened, was the other shoppers who were near by in the mall. I have concern that this escalator had issues since the 3 days prior, my boyfriend and I noticed it was not working. And the security guard who filled out an incident report stated that "this isn't the first time this has happened." 4 days have passed and no one from the mall has contacted us, to find out if my daughter was ok, and to find out if they could reimburse us for the damages that occurred to our clothing. I am very upset about the situation and wonder if I can sue for liability or negligence?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Customer:

Hello JD and thank you.

JD 1992 :

You can sue but you are likely going to have to do it in small claims court. Even assuming that the situation involves an escalator with problems in the past, the damages aren't large enough for a lawyer to take the case.

JD 1992 :

Luckily, your daughter wasn't injured but a lack of injury makes a lawsuit difficult.

Customer:

ok...thanks....I had looked into the lack of security on the premises and the negligence since no one has even contacted us. Thanks. My concern is that this could be a danger for someone else.

JD 1992 :

I think there is little doubt you would win but the amount you would win wouldn't be a whole lot and might not be worth the effort.

Customer:

Ok, appreciate it JD...enjoy your day.

JD 1992 :

To you as well, and you're very welcome.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.