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The Death of Innocence

A child’s laughter may very well be the happiest sound in the world. It seems to sooth the soul and melt away grown up hardships, the world becomes an innocent and happy place. On the opposite side of the spectrum a child’s death can be one of the most traumatic events a family and community can experience. To take away someone’s future to live a happy life or contribute to society isn’t just a crime against one person it’s a crime against the nature of humanity.

We all have the right to life but it is most cherished when it regards children. Mark DiBona was four years old when he had his right to life taken away in Auburn Mass. The circumstances behind his death are atrocious and point at many failures of the safeties our modern society enjoys. Mark was getting onto a mall escalator, like so many American families do on a daily basis, while holding the handrail he was pulled between an opening in the plexiglass barrier. Mark then fell to his death, landing on a display casing. A person can only imagine the pure terror going through a child’s mind and the horror the parents felt as they watched their son die. Mark’s death was not in complete vain though, his heart was donated in order to save the life of another child.

The issue we face, as a community is as dire as it is imperative that we fix. The hole that Mark went through was not due to a design flaw it was due to an oversight flaw. The fact is the escalator had been designed with a much smaller gap that would have prevented Mark from falling through. The plans for the escalator were approved with the appropriate sizing but the construction requirement was not met when it was built. Several employees at the Department of Public Safety were released from their positions with others pending investigation.

What was discovered was this oversight was not a one-time accident but in fact a reoccurring issue and discovered at other escalators statewide. The problem was that plans were drawn correctly and then the contractor would neglect to follow them and the site inspector would come in and write off on them. This kind of corruption is directly linked with a downfall of public safety. There is all sorts of conjecture that could explain why this incident happened but preventing it from reoccurring is more important.

Those who signed off on an illegal structure need to be punished as well as those who built it incorrectly in the first place. To many times in our society people are killed and injured by design flaws, but this case was not one of them. This could have been prevented if several people had performed their job honestly and correctly. Our hearts go out to the family who has suffered an unnecessary and painful tragedy.

A full article can be found here: Family Sues In Boy’s Escalator Death At Auburn Mall

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or hurt at the fault of another and would like justice done, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.