$1M lawsuit filed over escalator incident that severed 3-year-old's fingers at Texas H-E-B
HARRIS COUNTY – A lawsuit filed Wednesday alleges negligence in the case of a 3-year-old girl who lost four fingers in an escalator accident at an H-E-B store in Bellaire.
Attorney Ben Crump filed the suit against TK Elevator Corp. and H-E-B, LP, on behalf of the child, identified only as "A.W." The lawsuit seeks more than $1 million for the child's injuries, emotional distress, and ongoing medical needs.
According to Crump's law firm, the accident occurred on March 30. Key failures cited in the lawsuit include an unmaintained escalator, inoperable safety features, and failure to preserve evidence.
The law firm states that A.W. was shopping with her parents at H-E-B when she "became trapped by a dangerously wide gap between the escalator steps and the skirt." The lawsuit claims that defective skirt safety switches failed to stop the escalator and that the escalator was put back into service without the required investigation, leading to spoliation of evidence.
"Despite the family's efforts to free her, A.W.'s fingers were severed down to the palm, leaving her permanently disabled," Crump's law firm said in a news release.
Crump emphasized that the incident could have been prevented and that the defendants failed to ensure safety.
"This tragic incident has forever altered the life of a 3-year-old child and her family," Crump said. "The defendants failed in their basic duty to keep customers safe, and their negligence resulted in a young child losing her fingers in a horrific incident that could have been avoided with proper maintenance. This was completely preventable."
H-E-B and TK Elevator Corp. did not immediately respond to requests for comment.
