Property owners are responsible for providing a safe, secure and properly maintained premise. Regardless of how or why someone enters a property, property owners may be held liable if an injury occurs while the person is on their property that was caused by their negligence. Negligence can come in many forms, such as a restaurant failing to clean a spilled drink, a department store leaving a slippery substance on the tile floor, a hotel failing to remove ice in its parking lot, or, apparently, a mining company causing a boulder to crash into a home.
That is what reportedly happened to A&G Coal. The company was operating a coal mine in Virginia when it reportedly dislodged a 1,000 pound bolder, causing it to tumble 650 feet into a nearby home. The boulder smashed through the home and tragically into the bedroom of three-year-old Jeremy Kyle Davidson, who was asleep at the time. The boulder crushed Davidson and he unfortunately died as a result of his injuries.
The coal mining company was allegedly responsible for dislodging the boulder and the Virginia Department of Mines, Minerals and Energy fined the company $15,000 for its negligence, but that did little to compensate the Davidson family for their loss or ensure that A&G Coal would act more cautiously in the future. The toddler’s parents, Dennis and Cindy Davidson, filed a wrongful death lawsuit against A&G Coal alleging gross negligence related to the incident. According to dailypress.com, the parents realized a $3 million settlement from the defendant to compensate them for Jeremy’s death.
If you, or someone you know, has been injured on commercial or residential property, please contact the Law Offices of Gilbert R. Hoy, Jr. and Affiliates for a free and confidential case review. We have decades of experienced in helping our Massachusetts clients recover money damages for their personal injuries. Call (617) 787-3700 any time of day to contact one of our expert attorneys, including our premises liability attorney specialists. Time may be a factor, so don’t delay!