Attorney Jonathan Harris recently filed a lawsuit in Harris County District Court on behalf of a mother whose 2-year-old suffered serious injuries when a cell phone display case fell on the toddler at a Houston MetroPCS store.

“On March 15, our client and her 2-year-old daughter were shopping in a MetroPCS store. The little girl was looking at a cell phone display when the top heavy display stand fell on her, causing severe injuries,” Harris said. “The mother saw her filling up with air and unable to exhale and rushed her to Bayshore Medical Center. She was then taken by air ambulance to Memorial Hermann.”

The toddler’s lung collapsed and she required a tracheostomy to surgically create an opening in her neck to allow her to breathe.

The lawsuit was filed March 25 against 4G Speed Corp., which owns the MetroPCS store located on Edgebrook Drive in Houston.

The premises liability claim filed by Harris alleges that the store was negligent for not properly securing the display to the wall.

“In a case like this, it’s very important to preserve the evidence as soon as possible,” Harris said. “We filed a temporary restraining order to prevent the store from changing or removing the display so that we can go in and document exactly what happened and how it was set up.”

A temporary injunction was issued to preserve the display and any video of the incident.

The display was purchased from a 3rd party vendor. Part of the investigation into the case will include examining whether the manufacturer provided adequate warnings and proper hardware to secure the display.

“This is an accident that was totally preventable if proper safety measures were in place,” Harris said. “We’re seeking restitution for the family for medical bills, pain and suffering, and other damages related to the accident.”

Jonathan Harris is a board certified Personal Injury Trial Lawyer and a partner in Houston-based law firm Schechter, Shaffer & Harris, L.L.P., Accident & Injury Lawyers. He represents victims of all types of accidents in Houston, throughout Texas and across the United States.