H-E-B is facing a $1 million lawsuit over an incident that occurred at a Bellaire location earlier this year, when a 3-year-old girl lost four fingers in an accident on the store’s escalator. The lawsuit against TK Elevator Corporation and H-E-B, LP was filed Wednesday in Harris County.
What the hell is happening to the Whole Foods Berry Chantilly cake?
Attorney Ben Crump, who is representing the child identified as “A.W.,” said the incident occurred on March 30 when the 3-year-old became trapped “by a dangerously wide gap between the escalator steps and the skirt.” Her parents were unable to free her, and four fingers were severed down to her palm, leaving only her thumb on her right hand. Doctors were unable to reattach the fingers.
The lawsuit alleges that the escalator wasn’t maintained and that its safety features were inoperable, resulting in the accident, which occurred at the store located at 5106 Bissonnet St. “This tragic incident has forever altered the life of a 3-year-old child and her family,” Crump said in a statement. “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.”
“At H-E-B, we are deeply committed to our customers and their safety,” the company said in a statement to MySAFriday afternoon. “This was an incredibly unfortunate accident that we are taking seriously. Although, based on our current investigation of this matter, the escalator was serviced by a third-party company, we will do our best to support the family through this difficult time.”
The lawsuit also alleges that the escalator was put back in service before state authorities investigated, thus destroying potential evidence. The plaintiffs are seeking more than $1 million in damages for A.W.’s injuries, emotional distress, and ongoing medical needs.
