5-year-old sues ‘Crocs’ for escalator accident

The boy who was wearing the popular brand shoes suffered injuries when his foot got stuck in an elevator.

KUALA LUMPUR: A five-year-old boy has filed a suit against the official distributor of footwear brand “Crocs” over an incident where his foot got stuck in an elevator in a shopping mall. He was then wearing the popular foam resin shoes.

The boy, Abdullah Najib, is represented by his father Syed Najib Syed Jaffar Albar as the plaintiff.

Aside from the distributor Kinderdij Sdn Bhd, also named in the suit were Hitachi Elevator Engineering (M) Sdn Bhd and Bandar Utama City Corporation Sdn Bhd, the companies in charge of maintenance of the escalator and the owner of the shopping complex, respectively.

The writ of summons was filed at noon today by Tetuan Shukor Baljit & Partners at the Sessions Court at the Duta court complex.

According to the statement of claim, the accident at Centre Point shopping mall in Bandar Utama, Petalinag Jaya, occurred on Jan 31, 2010.

Abdullah, who was two years and eight months then, was walking with his mother when his left foot was suddenly caught between the skirt and the step of the moving escalator. He was wearing a Crocs footwear.

The boy’s feet was dragged a few metres towards the bottom until the escalator was forced to a stop. The escalator did not have a stop switch.

The document also stated that the boy was stuck for about one hour before fire and rescue team helped to get his foot out. He was then brought to a hospital for emergency treatment, where he underwent two operations for his injuries. He was warded for 33 days.

Among his injuries were several fractured bones, torn tissues and deep lacerations. He also walks with a slight limp, and his left foot is smaller than his right. It has also affected the development of the foot.

He is still undergoing physiotherapy till today.

A public interest litigation

The statement of claim alleged that it was the negligence of the shoe distributors for failing to make sure that there are no flaws to the shoes before it is being marketed.

It also said that both the escalator and shopping mall operators were negligent in failing to make sure the escalator is safe and had also failed to put up notices or warning signs.

The suit is claiming special damages of RM69,058.70, as well as general damages, exemplary damages and other costs.

Lawyer Baljit Singh, representing the boy, said: “This is a public interest litigation, and should rightly be heard. The family is thinking of the public, and does not want this to happen again…”

While there have been a number of similar reported cases and lawsuits in other countries, this is believed to be the first of such suits in Malaysia.