A terrible garage door accident led to the accidental killing of a 3 year old girl in Maryland earlier this month.
The girl was apparently left unattended for a short period of time, during which it is believed that she began playing around with the remote control for the garage door. It is being speculated that she was opening and closing the door repeatedly when she eventually somehow became trapped under it as it came down on top of her.
When the mother found her the little girl she was still alive, although pinned under the door. Emergency services were called immediately, and the girl was transported to a local hospital, but tragically, she later died of the injuries she had suffered. It is believed that the little girl died from asphyxiation.
Police have confirmed that there has been no indication of foul play, and are accordingly treating the death as a tragic accident, and are investigating the circumstances of the death. Specifically, they suspect a malfunction with the sensors on the door, which are designed to stop the motor should anything be detected under the door. The door was reportedly one that was equipped with sensors that should have stopped before hitting or crushing anything.
This is an incredibly sad and tragic case. The whole reason for having sensors in automatic garage doors is so that senseless tragedies like this are prevented from occurring. There are several different legal doctrines that can come into play here. If authorities do determine that the garage door was not properly working, the family may have a products liability claim against the manufacturer for the malfunction. However, more likely, because the little girl died as a result of the malfunction, there is a strong possibility that the company may be liable for under a wrongful death cause of action.
Wrongful death claims are intended to attempt to reimburse families for the loss of their loved one. The purpose is to make the families whole or, in other words, put them into the position they would have been if the other party’s negligence hadn’t caused the death. In cases as tragic as this one, it’s clear that no amount of money will ever make the family whole. However, pursuing a claim against the company who may have been responsible for the malfunction may give the family at least some sense of justice, and may also serve the purpose of creating an incentive for companies to make sure these sorts of things never happen again.
If you or someone you know has been injured by a defective product, or if someone you loved died because of exposure to or use of a defective or dangerous product or substance, you should speak with a Maryland products liability attorney right away. The attorneys at Lebowitz & Mzhen will work to secure the recovery that you deserve. Contact us today at 1-800-654-1949 or through our website to schedule your complimentary and confidential initial consultation.
More Blog Posts:
Man Receives 10 Year Sentence For Deadly DUI in Potential Wrongful Death Case, Maryland Accident Law Blog, published April 8, 2013
Tragic Maryland Heights Mine Collapse Kills Employee, Maryland Accident Law Blog, published March 27, 2013