Personal Injury

Maryland Woman Sues Police Department Who Shot Her Family’s Pit Bill

August 13, 2007 | Lebowitz & Mzhen

An Edgewater woman is suing her county police department for more than $3 million after an Anne Arundel County police officer allegedly overreacted and killed her family’s beloved pit bull.

Deborah Ransom says that she and her teenaged daughter have “experienced fright, terror, panic, (and) sleeplessness” and sought counseling because of the traumatic event.

According to Ransom, on November 27, 2006, her 60-pound pet “enthusiastically and gently” pulled at Officer Adam Hinton’s sleeve. The cop then pulled out his gun and “maliciously” killed the pit bull, named Chopper, in the back. She and her daughter, Tiffany Hancock, were just five feet away.

A police department spokesman had previously justified the shooting, saying that the officer had been bitten on the leg and arm and was afraid he would be attacked again if he didn’t shoot the dog.

This is the third biting incident involving Chopper, who nipped at the sons of a neighbor in 2004 and bit a man in April 2006. The pit bull had been quarantined for 10 days after the second attack but was released into Ms. Ransom’s care on the condition that she adhere to certain restrictions, including neutering Chopper and placing him on a 4-foot leash and muzzling him anytime he left the house. He also had to be placed in a locked room or a kennel whenever there were visitors at Ransom’s house.

The personal injury lawsuit names Officer Hinton and Anne Arundel county officials as defendants. The lawsuit accuses Hinton of police misconduct, excessive force, and reckless behavior in the shooting of the dog and that he “intentionally caused or attempted to cause serious physical injury” to Ms. Ransom and Ms. Hancock. The county is also accused of unlawfully seizing Chopper, considered to be Ms. Ransom’s personal property.

Officer Hinton, who was treated at Anne Arundel Medical Center, sustained bruising and redness and was back at work the same day.

Animal Control had taken the body so that it could conduct a rabies test. Ms. Ransom wanted the body back so she could get an autopsy to determine what direction the bullet came from when it struck her pet. Chopper’s body was never returned to her.

Contributory Negligence

Maryland and D.C. are two of the five U.S. jurisdictions that use contributory negligence rather than comparative negligence in personal injury claims. This means that if both the defendant and accident victim are determined to have contributed to a loss, both parties can be held at fault, which can lower the damages that an injury victim might be entitled to.

This standard can make it more difficult for injury victims to receive proper justice under personal injury law in Maryland, which is why it is so important to retain the services of an experienced personal injury attorney who can fight for your rights and help you achieve the best outcome possible in your case.

Family sues police over dog’s shooting, Hometown Annapolis, August 13, 2007

Related Web Resource:

Police Brutality, Human Rights Watch

Children At Psychiatric Hospital in Washington D.C. Might Be In Danger of Injury and Abuse

July 27, 2007 | Lebowitz & Mzhen

University Legal Services, Inc., an advocacy group for Washington D.C. children that have developmental disabilities, say that children at Riverside Hospital are in danger of “serious and persistent abuse and neglect.” City mental health officials will now begin to visit the hospital on a weekly basis to monitor the conditions there. Riverside Hospital treats youths up to 21 years of age.

The advocacy group’s report recounts incidents of physical violence (punching, slapping, choking, pushing) and verbal abuse by staff members and the use of physical restraints and seclusion to control patients’ behavior. Not enough supervision allegedly allowed teens to hurt themselves, steal bottles of medicine, and attack other patients. Treatment plans were supposedly not followed and living conditions at the facility were allegedly unsanitary and unhealthy.

Last December, one teen resident died at the hospital. The Department of Mental Health says the female teenager became ill last November and was sent to Georgetown University Hospital where she was placed on a ventilator. She was then taken by air to Inova Fairfax Hospital for cardiac surgery. She died the following month.

The department says that the hospital failed to order basic tests, document the teenager’s vital signs, tell a doctor that her condition was getting worse, or note down that she had a family history of heart disease.

Riverside hospital is a private, for-profit hospital.

When a person is seriously injured while staying at a hospital because of negligence on the part of any staff members, he or she may be eligible to file a personal injury claim or a medical malpractice lawsuit.

Doctors, nurses, and medical staff members are required by law to provide proper care to their patients—medically, emotionally and psychologically. If that care is abused or not properly given, the negligent party could be sued for negligence or malpractice—depending on the type of abuse or neglect that occurred.

Some causes for a personal injury lawsuit can include:

• Nursing home abuse
• Negligence
• Physical abuse
• Verbal abuse
• Neglect
• Sexual abuse
• Rape
• Financial abuse
• Wrongful diagnosis
• Failure to diagnose
• Failure to administer proper care
• Physician error
• Surgical error
Youth Hospital Faulted For Abuse, Washington Post, July 26, 2007

Related Web Resources:

Department of Mental Health, Washington D.C.

Riverside Hospital, Washington D.C., Hospital Data
University Legal Services

Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws

July 9, 2007 | Lebowitz & Mzhen

Calls for better pool safety laws continue in Maryland, in the wake of a serious accident involving 6-year-old Abigail Taylor from Minnesota.

Taylor was swimming in a wading pool when the pool’s drain sucked up her intestines and ripped a hole in her rectum. The little girl passed out and fell onto the pool deck.

Abigail is being fed through a tube. She will have to wear a colostomy bag and receive nutrition through a port for as long as she lives.

An attorney representing Abigail and her family says that the drain was not covered properly.

According to Federal researchers, there are three other reported cases where a pool drain has disemboweled a person. 74 people have reportedly been trapped by drains.

Each year, one out of five children sustains serious injuries while in a swimming pool. Former U.S. Secretary James Baker, whose granddaughter drowned after getting caught in a spa drain, previously tried to pass a law making it mandatory that pools have multiple drains. The bill failed.

A child or adult can get trapped in a pool or spa drain when part of the person’s body or swimsuit (or any other clothing) gets stuck in the powerful suction.

In the US, at least 33 kids, ages 14 and under, died from 1985 to 2004 after being trapped in a pool or spa, while nearly 100 kids sustained serious injuries.

If you or someone you love has been injured in a pool/spa drain-related accident, you should contact a personal injury lawyer. There may have been a defect in the construction of the drain that led to your serious injury. Your personal injury lawyer can determine whether you or your injured loved one has grounds for a products liability case and can file a lawsuit on your behalf.

Pool Drain Pulls Small Intestine Out Of Young Girl, WJZ.com, July 6, 2007
Girl hospitalized after swimming pool drain tears out part of her intestinal tract, NCTimes.com, July 5, 2007
Former Secretary of State James Baker speaks in support of legislation intended to prevent accidental drowning, USA Safekids.org May 2, 2006

Related Web Resource:

Spas, Hot Tubs, and Whirlpools, U.S. Consumer Product Safety Commission

Two Fireworks Crew Members Injured In Washington D.C.’s National Mall After Forth of July Fireworks Show

July 6, 2007 | Lebowitz & Mzhen

Authorities say that two people were injured in Washington D.C. on Wednesday when fireworks that had been leftover from the big show on the National Mall went off. The injured persons are fireworks crew members. One of them was treated at the accident scene while the other worker has serious burn injuries.

In Vienna, Virgina, a D.C. suburb, seven people were hurt during the community’s fireworks exhibit. Five of the injured persons were children. Some of the fireworks had gone off and hit crowd members at an elementary school. The Fairfax County Fire Department says two of the victims sustained serious injuries.

In 2005, according to the National Fire Protection Association:

• U.S. hospital E.R’s treated 10,800 fireworks-related injuries
• Children ages 10 to 14 had the highest injury rates
• 19 out of 20 injuries were related to fireworks that consumers are legally allowed to use
• Fireworks is an extremely high-risk consumer product

The CDC’s Web site offers the following information about Fireworks-Related Injuries:

About 60% of all fireworks-related injuries in 2005 occurred between June 18 and July 18. During that time period:

• Fireworks-related injuries most frequently involved hands and fingers (31%), eyes (25%), and the head and face (20%) (Greene & Joholske 2006).

• More than half of the injuries were burns. Burns were the most common injury to all body parts except the eyes. In the eyes, contusions, lacerations and foreign bodies occurred more frequently (Greene & Joholske 2006).

• Fireworks can be associated with serious injuries such as blindness, third degree burns, and permanent scarring (Smith et al. 1996).

• Fireworks also cause life-threatening residential and motor vehicle fires (Greene & Joholske 2006).

• Between June 18 and July 18, 2005, Firecrackers (26%), sparklers (17%), and rockets (17%) accounted for most of the injuries seen in emergency departments (Greene & Joholske 2006).

• Sparklers were associated with more than half of the estimated injuries for children under five (Greene & Joholske 2006).

• Between 2000-2005, more than one third of the fireworks-related deaths involved professional devices that were illegally sold to consumers (CPSC 2006a).

If you or someone you love has injuries related to fireworks because another party acted negligently or carelessly, do not hesitate to call a personal injury law firm immediately.

Fireworks injuries in DC and suburbs, July 5, 2007
Fireworks, National Fire Protection Association
Fireworks-Related Injuries, Centers for Disease Control

Related Web Resources:

National Fire Protection Association

13-Year-Old Girl Severs Her Feet on Superman Tower of Power Ride

June 22, 2007 | Lebowitz & Mzhen

A 13-year-old lost her feet yesterday, when she severed them while riding an amusement park ride at a Six Flags amusement park in Kentucky. She was riding the Superman Tower of Power when a frayed cable snapped, hitting the girl’s legs and severing both of them above her ankle. She was immediately taken to a hospital for surgery.

The ride takes passengers up to 177 feet and then drops them at 54mph. Amusement park officials are trying to determine the cause of the accident, and Cedar Fair Entertainment Co. has shut down similar rides at other parks throughout the U.S.

Intamin AG made the Superman ride but not all the parts.

The International Association of Amusement Parks and Attractions says that in 2005, there we about 1,713 ride-related injuries. 132 of the injuries were serious.

Accidents at amusement parks are not uncommon. At an amusement park in Arkansas last month, riders were left suspended upside down while riding a roller coaster. At the Six Flags in Vallejo, California, six people were hospitalized after rider spent four hours at 70 feet. Eight years ago at the Six Flags park in Kentucky, roller coaster passengers were stranded up at 60 feet for over three hours.

Accidents leading to injuries that are caused because of another’s negligence can be grounds for a personal injury claim or lawsuit. When an amusement park accident leads to injuries, there may be more than one liable party. The amusement park, its parent company, amusement park employees, maintenance workers, amusement park manufacturers, and others may be accountable for personal injury, including for premises liability, products liability, and wrongful death.

Boy Dies in ATV Accident in Oxon, Maryland

June 17, 2007 | Lebowitz & Mzhen

A boy died in an ATV accident last Friday at the National Harbor construction site. According to Prince George County police, the boy had managed to enter the site, located on Oxon Hill Road, and gotten on top of the ATV-like equipment, which overturned, pinning the boy underneath. He was seriously injured and later pronounced dead.

Authorities say that it looks like the boy and a few of his companions had stolen the ATV vehicle.

Injuries sustained at a construction accident can be very serious and can possibly lead to wrongful death. Those in charge of oremployed at a construction site are required to maintain high safety and security standards so that construction workers and others are not injured as a result.

When someone is injured on a construction site, a careful investigation by an experienced personal injury lawyer can help determine whether a claim can be brought against a negligent party for personal injury, wrongful death, premises liability, or other kinds of personal injury cases.

ATV Accidents

Over the years, there has been a significant increase in ATV accidents, especially among young people who are not experienced enough to handle these fast and heavy motorized vehicles. Common causes of ATV-related deaths include the vehicle turning over or colliding with something. There is no legal age limit to ride an ATV and riders are not required to wear a helmet.

Spinal cord injuries, broken bones, and traumatic brain injuries are just some of the injuries that can be sustained in an ATV accident.

According to 2001 ATV Statistics, 111,700 people were injured while on an ATV that year.

In Ocean City, Maryland Four Scooter Drivers Are Injured In Three Different Motor Vehicle Accidents

June 15, 2007 | Lebowitz & Mzhen

Last Sunday, four people driving scooters were injured in three separate motor vehicle collisions in Ocean City, Maryland.

In the first accident, scooter driver Christopher Herndon was hit by a vehicle at the Baltimore Avenue and 23rd Street intersection. His injuries were treated at AGH.

In the second accident, a vehicle turning left onto Convention Center Drive crashed into two scooters driving down the Coastal Highway. One of the scooter drivers was taken to Peninsula Regional Medical Center in Salisbury. In the third accident, a vehicle turning left on a green signal at 52nd street hit a scooter. Scooter driver Bradley Kidd was also taken to PRMC where he was treated for his injuries.

Riding a scooter can be dangerous, especially if you are struck by a car, motorcycle, truck, or other motor vehicle. Many scooter accidents involving a car collision on the road occur because the other driver did not see the scooter. Injuries sustained in a scooter-related accident can include broken bones, burns, traumatic brain injuries, spinal cord injuries, and wrongful death.

For purposes of Maryland State Law, a scooter is defined as:

-134.4 Motor Scooter
(a) In general – “Motor scooter” means a nonpedal vehicle that:
(1) Has a seat for the operator;
(2) Has two wheels, of which one is 10 inches or less;
(3) Has a step-through chassis;
(4) Has a motor;
(i) With a rating of 2.7 brake horsepower or less; or
(ii) If the motor is an internal combustion engine, with a capacity of 50 cubic
centimeters piston displacement or less; and
5) Is equipped with an automatic transmission.
(b) Off-road vehicles – “Motor scooter” does not include a vehicle that has been

manufactured for off-road use, including a motorcycle and an all-terrain vehicle.

Actress-R & B Singer Brandy Counter-Sues Man Suing Her For Personal Injury From Fatal Car Accident

May 31, 2007 | Lebowitz & Mzhen

Brandy Norwood, the R& B singer-actress is countersuing for negligence Mallory Ham, a man who is also suing the performer for personal injury. Both Brandy and Ham are facing wrongful death lawsuits from the family of Awatef Aboudihaj, the woman who was killed when her Toyota Corolla was struck by Brandy’s Range Rover on the San Diego Freeway last December. Ham and Brandy are blaming each other for causing the deadly car collision. Brandy is also challenging the other lawsuits that have been filed against her.

The Los Angeles City Attorney’s Office is still considering whether to charge the performer with vehicular manslaughter. The California Highway Patrol has filed a report suggesting that she face charges for the collision. They claim that she neglected to slow down, even as the traffic grew thicker, causing her to crash into Aboudihaj’s vehicle, which was then struck by Ham’s vehicle. If Brandy is convicted, she could face a $1,000 fine and up to one year in prison.

Car accidents can lead to serious, life altering, and permanent injuries, including death. If another person or party’s negligence caused the accident, it is important that you speak with a personal injury lawyer who can help you assess the extent of your injuries or recovery and file the claim for you. Often, injury victims do not receive the full amount of damages they could be entitled to because they are unaware of how much they can and should receive for their injuries. It is not uncommon for insurance companies to try to settle accident claims for less than what you are entitled to.

You will also want to file your claim within the statute of limitations period that your state allows for the kind of accident that you have been involved in. A good injury attorney can help you recover compensation for your injuries, medical bills, pain and suffering, and/or any lost wages.

If your attorney is unable to negotiate a settlement for you, he or she will then ask you if you would like to file a personal injury lawsuit. You will want to make sure that your attorney is an experienced trial lawyer who knows how to successfully argue your case in front of a jury. You will also want a personal injury lawyer who has the resources to properly investigate and build your case for you.

After Deadly Car Accident, Maryland Governor Martin O’Malley Passes A Law Against Failing to Stop at A Nonfunctioning Traffic Light

May 25, 2007 | Lebowitz & Mzhen

Maryland Governor Martin O’Malley has signed into law a bill that imposes penalties on failing to stop at a nonfunctioning traffic light located off a highway exit ramp. The penalties will be the same as for running a red light.

The state legislation created the bill after a deadly motor vehicle accident in Howard County on January 6, 2006 killed two teenagers who were passengers in a Volvo going west on Route 175 close to Jessup. Teresa Howard of Sykesville and Scott Caplan of Columbia were killed after a tractor-trailer exited southbound Interstate 95 and collided with the Volvo. The traffic light was not functioning properly at the time.

The Maryland state legislature drafted the bill to clarify how drivers should respond when faced with a broken traffic light to prevent this type of personal injury accident from happening again.

Gary Dicks, who was driving the tractor-trailer, a former Howard County police officer, and the Maryland State Police are among those who have been named in a wrongful death lawsuit filed by the parents of the teenagers.

People who are seriously injured on the roads because of another party’s negligence may be able to file a personal injury claim and recover damages for their injury to pay for their medical bills and other costs. If you are someone who has been injured in a personal injury accident, you should speak with an experienced personal injury lawyer who practices law in the state where your accident occurred.

Some Reasons for Hiring A Personal Injury Attorney:

• Insurance companies are experienced in negotiating a recovery for you that may not be the maximum recovery that you can receive for your injuries. A personal injury attorney can represent you during these negotiations, look out for your better interests, and help you recover the best recovery possible for your injury or loss.

• There may be more than one liable party responsible for your personal injury, and a personal injury lawyer can assess your claim for you and make sure that all avenues of recovery are explored.

Safe Kids Worldwide Says Maryland is Number 12 in State Rankings of Unintentional Child Injuries and Deaths During Summers

May 14, 2007 | Lebowitz & Mzhen

A new study recently released by Safe Kids Worldwide says that Maryland is number 12 out of all 50 states and D.C. in a new ranking report of children’s unintentional injury deaths during the summer. The report is called The Safe Kids U.S. Summer Safety Ranking Report.

Maryland’s unintentional injury-related death rate over a five year period was 2.42 children/100,000 kids. The summer season is known as “trauma season” to emergency personnel, since the number of serious injuries and preventable deaths involving children rises drastically during this time.

Vermont, ranked in the report as the number one state, leads the country with 1.63 children for every 100,000 children dying in an unintentional incident during the summertime. New Jersey was # 2 in the rankings. D.C. ranked #3, New York is #4, and Delaware is #5.

According to the report, 17 children a day (2,143 total) died from May –August 2004 because of preventable injuries. 2.4 million children ended up in the emergency room because of unintentional injuries, with many of these injuries resulting in paralysis, brain damage, and other major disabilities.

In another Safe Kids Worldwide study, the five most common causes of children’s injury deaths that can be prevented include:

— Drowning (increases 89 percent in the summer over the annual monthly
average)
— Biking (increases 45 percent)
— Falls (increases 21 percent)
— Motor vehicle passenger injuries (increases 20 percent)

— Pedestrian injuries (increases 16 percent)

If your child has been seriously injured or killed because of another’s negligence, it is important that you speak to a personal injury lawyer right away.