The horrific and sad death of a young boy at Fisherman's Wharf raises numerous questions about liability, and what responsibility store owners have toward the public when they display merchandize.
The accident occurred when the toddler climbed on top of a six foot-tall dolphin statue on display on the sidewalk outside the Majestic Gallery at Fisherman's Wharf. The statue fell over and crushed the boy. Majestic is fully cooperating with the investigation, and has issued a statement that its "hearts and prayers are with the family."
When a tragic accident such as this occurs, it raises significant questions. For example, what responsibilities do storeowners have to prevent such accidents from occurring?
According to police, San Francisco code requires that stores keep merchandise close to store fronts – no more than 8 inches from their walls. However, numerous vendors and stores throughout the area display items without regard to this rule. This may now change. One vendor commented "The Port's [usually] pretty cool about it, they don't harass us vendors in booths or even the statue people," … but "[t]hey came yesterday - all the statues are gone."
Further, this incident is not the first time the store had been warned about the statue. The store was previously cited during last years America's Cup for its placement of the statue in violation of the code.
While this accident remains under investigation, as San Francisco personal injury attorneys we are hopeful that all vendors and stores will take notice and follow the necessary precautions to prevent future tragedies.
For more information, or if you or a loved one has suffered serious personal injuries, please contact the experienced San Francisco accident lawyers at Bostwick & Peterson, LLP for an immediate consultation.