The family of an Ajax boy, who they say was injured during an attempted theft at an Apple Store, is suing the company for allegedly failing to ensure proper security measures were in place at the outlet in Fairview Mall.

Apple “knew or should have known of the high level of thefts at the Apple Store prior to this incident,” a lawsuit filed by Andrew McDermott and Millisa MacCormack says.

They claim McDermott and the couple’s son Braeden, who was seven at the time of the 2017 incident, sustained physical and emotional injuries when Braeden was trampled by a man attempting to flee with a stolen laptop.

McDermott was injured when he struggled with the suspect, who was subsequently arrested and charged by Toronto police, the statement of claim says.

The claims in the suit have not been proven in court. In a statement of defence, Apple denies liability for any injuries or distress alleged by McDermott and MacCormack. A lawyer for the company declined to comment.

The incident continues to affect the family — particularly Braeden, who is autistic, MacCormack said in an interview.

Following the incident the child had bad dreams and was uncomfortable being alone, but had difficulty explaining how he felt, she said.

“He tends to keep it in. He has a hard time expressing his feelings and emotions,” MacCormack said.

The statement of claim says that the family was at the Apple Store’s Fairview Mall location in Toronto on June 6, 2017 when they were caught up in the incident.

DeShawn Wright — also named as a defendant in the suit — was in the store, looking at laptop computers.

The suit alleges that after an attempted credit card transaction failed, Wright grabbed a computer and ran from the store, according to the document. As he fled, Wright collided with Braeden, pushing the child into a glass door. The boy sustained injuries including a gash on his forehead that required several stitches, according to the suit.

McDermott chased after Wright and with the help of a witness and mall security tackled and held him, according to the suit. As a result of the struggle McDermott sustained injuries including scratches and bruising, as well as a fractured knee.

Arrest reports attached to the claim indicate Toronto police charged a suspect with assault, theft under $5,000 and assault causing bodily harm.

The family’s lawsuit, filed in May of this year, seeks $750,000 in damages. It alleges that Apple failed to provide proper security in a store the company knew or ought to have known would be targeted for acts of theft.

“(Apple) failed or neglected to provide a safe and secure environment for patrons at the Apple Store, including the plaintiffs,” the suit says, adding the company “ignored a history of merchandise theft and failed to provide any or sufficient security at the Apple Store.”

In a statement of defence filed with the Superior Court, Apple denies any liability or negligence, asserting that safety standards and staff actions at the time were adequate. Apple claims the theft and the ensuing flight by the suspect were unforeseen, “random” incidents for which the company is not responsible, and that McDermott “voluntarily” assumed risk in “recklessly” pursuing the suspect.

McDermott and MacCormack “failed or neglected to take any or reasonable precautions to ensure their own safety,” the statement of defence says. The company also alleges the couple failed to “adequately supervise” Braeden while in the store.

Jason Singer, the lawyer representing McDermott and MacCormack, said it’s “sad” that Apple’s defence appears to be based in part on blaming the plaintiffs for the injuries they suffered.

“These types of defences are not uncommon,” Singer noted. “But it’s unfortunate that Apple has shifted the onus onto my clients and is essentially blaming them.”

“They go into a store to go shopping and come out with very significant injuries through no fault of their own,” Singer said.

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MacCormack said she and her family feel that Apple’s statement of defence, which calls on the court to dismiss the action and award the company costs, amounts to “bully tactics.”

“It’s like they’re saying, ‘We’re sorry it happened, but it’s not our fault,’ ” she said. “We still feel they have some responsibility for it.”

Jay Skukowski, a lawyer representing Apple in the suit, declined to comment.

“It’s before the courts, so I have nothing to comment on or discuss,” he said.