A fire extinguisher in the hallway fell on a child’s foot, causing a severe laceration to the big toe.

 

Although tendon and cartilage damage was repaired, there is a question of whether or not bone epiphysis was damaged so that the toe might not grow normally. The bracket holding the fire extinguisher was a single piece of steel strap held onto a cinder block wall with one screw into a lead shield. The lead shield had apparently pulled out of the wall, causing the fire extinguisher to fall. Because of the weight involved and the crumbly nature of the concrete or cinder block, the bracket should have been attached to the wall by means of a “toggle” bolt. A bracket attached with a toggle bolt could not be removed without a screwdriver or considerable alteration to the wall. Also, a strap could have been used to secure the fire extinguisher to the wall in a verticle position.[108]

About the Author: James Swartz
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Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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