Premises Liability

Maryland File $40 Million Baltimore County Personal Injury Lawsuit Over Son’s Traumatic Brain Injuries From Alleged Near Drowning Accident

July 24, 2009 | Lebowitz & Mzhen

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

Baltimore County Fire Department Says Latest Carbon Monoxide Not the First Involving Essex Townhouse Community

June 29, 2009 | Lebowitz & Mzhen

In Baltimore County last Wednesday, three women, an 18-month-old boy, and an 11-year-old boy were transported to Maryland Shock Trauma Center for treatment of carbon monoxide poisoning. All five victims live in the first block of Cove Village Complex, a townhouse community.

Readings showed approximately 85 parts per million of the gas close to an upstairs bedroom and 74 parts per million in the downstairs area. Most CO detectors go off at around 35 parts per million.

According to the Baltimore County Fire Department, this is not the first time that CO poisoning has been an issue at the complex. In July 2005, a 48-year-old resident and his two stepdaughters, ages 15 and 14, died in their home. The tragic accident occurred because a hot-water heater had a faulty pipe. In August 2005, nine people were rushed to a hospital after suffering from symptoms associated with carbon monoxide poisoning.

There are now carbon monoxide alarms throughout the complex. Last year, however, the fire department was called to Maryland townhouse complex 20 times because the alarms went off.

The unit where Wednesday’s incident occurred is owned by Sawyer Reality Holdings LLC.

Carbon Monoxide

CO often goes undetected, which is one of the reasons it claims so many lives. It continues to be the number one cause of accidental poison deaths in the US. Exposure to carbon monoxide for an extended period of time can lead to brain damage and death.

Earlier this month, a family staying in an Ocean City, Maryland condominium had to evacuate the premise when they started feeling sick because of a carbon monoxide leak. Firefighters say the level of carbon monoxide was over 1,000 parts per million. A mother, father, two grandchildren, and two grandparents were treated and released from Atlantic General Hospital.

Three years ago, a father and his 10-year-old died in Ocean City at a Days Inn because of a carbon monoxide leak. The man’s widow filed a $30 million Maryland wrongful death lawsuit against several defendants and a settlement was reached this April.

A property manager that fails to properly maintain a premise can be held liable for Maryland premises liability if a carbon monoxide leak causes someone to get sick or sustain a brain injury.

5 hospitalized with CO exposure symptoms, Examiner.com, June 25, 2009
Pa. family made sick by toxic gas in condominium, DelMarvaNw.com, June 18, 2009
Related Web Resources:
Carbon Monoxide Poisoning, EMedicineHealth.com
Premises Liability Overview, Justia

Maryland Personal Injury Lawsuit filed Over Ocean City Escalator Accident

June 18, 2009 | Lebowitz & Mzhen

In Maryland, a woman is suing Ocean City, the Ocean City Convention and Visitors Bureau, and ThyssenKrupp Elevator Company for personal injury over an escalator accident that occurred in May 2006. Rebecca Beall filed her Maryland premises liability lawsuit in US District Court.

Beall was a high school student at the time of the escalator accident that injured her and several other students from her school band. The band was in Ocean City to attend the Youth Music Competition taking place at the Convention Center.

On May 5, 2006 the escalator they were riding to the next floor stopped abruptly and began moving in the opposite direction. A number of students fell and some of them were taken to a hospital for treatment of their injuries.

Maryland Premises Liability: Keeping Pools Safe to Prevent Drowning Accidents

June 15, 2009 | Lebowitz & Mzhen

If your child is going swimming in a Maryland pool located in a hotel or a public area, you should check to make sure that the pool owners have installed the new pool drains that have been approved by the federal government. The Virginia Graeme-Baker Pool and Spa Safety Act of 2007 went into effect last December and by this time public pool owners and spa operators were supposed to have installed these drains that are designed to prevent pool entrapment accidents from happening. Unfortunately, not all pool and spa owners have met this deadline.

The Consumer Product Safety Commission says that between 1999 and 2008, 83 children were involved in spa and pool entrapment accidents, resulting in 69 injuries and 11 deaths. Just this April, a 38-year-old man drowned in a pool entrapment accident involving a hotel pool drain. And kids, who are smaller in size, are at particular risk of becoming the victim of pool or spa entrapment accidents in the event that their hair, a body part, or swimsuit gets trapped in a drain’s powerful suction.

The CPSC says, however, that defective pool drains are not the only issue of concern for parents when it comes to protecting their kids while they are swimming. Every year, approximately 300 kids drown and 3,000 others sustain serious injuries in pools and spas throughout the US. In addition to pool entrapment injuries and drowning accidents, another cause of injury can occur when a child dives into the water and strikes his or her head on the bottom of the spa or pool.

While drowning accidents can prove fatal, those that do survive are sometimes left disabled for life because they sustained atraumatic brain injury. A child or adult that strikes his or her head against the bottom of the pool can end up with a spinal cord injury, a TBI, or broken bones.

There are steps that public and private pool and spa owners can take to protect adults and kids from getting hurt in a swimming accident. Failure to execute these safety precautions can be grounds for a Maryland premises liability claim or a wrongful death lawsuit.

Safety Concerns to Delay Opening of Some Maryland Pools, WJLA.com, May 23, 2009
CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009
Related Web Resources:

Pool Safety

Virginia Graeme-Baker Pool and Spa Safety Act of 2007 (PDF)

18-Year-Old Gets $2 Million Maryland Lead Paint Award for Injury Lawsuit

May 20, 2009 | Lebowitz & Mzhen

A jury has awarded 18-year-old Lakia Roberts $2 million for her Maryland lead paint lawsuit. Roberts was exposed to lead paint during the first six years of her life at the Baltimore rental where she lived.

Her Maryland personal injury lawsuit, filed along with her mother, Learland D. Clark, contended that she suffered from lead poisoning after she ingested paint flakes and chips in their Baltimore rental. As a result, they claim that the teenager experienced a 10 to 12 point loss in IQ and suffers from severe cognitive deficits. The two of them filed their lawsuit in Baltimore City Circuit Court.

The jury found that the home’s landlord, Attsgood Reealty, failed to remove the toxic paint that was peeling off the plaintiffs’ home walls, as well as failed to properly maintain the property. They awarded Roberts and Clark $1.5 million in non-economic damages and $500,000 in economic damages. Maryland’s cap on damages, however, reduces the plaintiffs’ non-economic damages to $350,000—the maximum amount that was allowed under state law in the early 90’s when the plaintiffs had their cause of action. This reduces the plaintiffs’ total judgment to $850,000.

Maryland Wrongful Death Settlement Reached Between Washington Adventist Hospital and Heart Patient Who Died While Trapped in Bathroom

April 21, 2009 | Lebowitz & Mzhen

In Maryland, the family of a heart patient who died while trapped in a hospital bathroom has reached a wrongful death settlement with Washington Adventist Hospital. Jose Valladares died in 2006.

He went to the bathroom in his room and locked the door. He experienced a cardiac event while using the toilet. The heart monitor he was using showed that his heart rate had decreased.

Hospital staffers in the area were unable to unlock the door immediately because they didn’t have a key. EMS workers and the Montgomery County Fire department broke down the door a number of minutes later but by then Valladares was already dead.

Maryland Carbon Monoxide Wrongful Death Lawsuit Settled

April 8, 2009 | Lebowitz & Mzhen

A Maryland wrongful death settlement has been reached between a woman whose husband and 10-year-old daughter died after being exposed to CO and the Bay Shore Development Corp, Heat Transfer Products, R.E. Michel Co., and All About Plumbing. Yvonne Boughtner’s carbon monoxide lawsuit had sought $30 million in damages.

In 2006, Yvonne was on vacation with her husband Patrick, 30 and their daughters Kelly, 10, and Morgan when carbon monoxide started leaking from a disconnected water heater pipe at the at the Days Inn Hotel in Ocean City. Patrick and Kelly died in the hotel room, while Yvonne and Morgan were transported to Baltimore where they were admitted to the University of Maryland Shock Trauma Center.

A fire marshal report noted that the heater right under the family’s room was leaking CO. The heater was reportedly only meant for residential use and not for commercial use.

Maryland Wrongful Death Lawsuit Seeks $30 Million from Landlord and Tobacco Company After Cigarette Sparks Catastrophic Fire

February 27, 2009 | Lebowitz & Mzhen

In Washington County Circuit Court, a woman whose mother died in a 2006 fire is suing a tobacco company and the landlord of the property where the fatal accident occurred. Dawn Bunch’s Maryland wrongful death lawsuit is seeking $30 million against Barbara Bristow, who owns the property where she and her mother, Linda Ford, lived and Lorillard Tobacco Company.

Bunch is accusing the tobacco company of acting negligently when it manufactured, sold, and brought cigarettes into the marketplace—the product that caused her mother’s fatal injuries. She also accuses Lorillard of making a tobacco product that was an unreasonable fire risk. Bunch points out that the company could have made self-extinguishing cigarettes. As for defendant Bristow, the plaintiff alleges she breached the duty of care she owed her tenants when she failed to provide them with fire protection or warning devices in their mobile home rental.

Ford, 58, died after a fire broke out in her mattress and caused her hair to catch fire. She reportedly went looking for water to douse the flames but a maintenance worker had shut down the water at their mobile home.

Court of Appeals of Maryland to Hear Lead-Paint Lawsuit

December 24, 2008 | Lebowitz & Mzhen

This year, the Court of Appeals of Maryland will hear Kelly v. N.B.S. Inc., a lead-paint lawsuit involving serious injuries to a now 13-year-old girl. In 2007, a Baltimore jury issued a Maryland personal injury verdict ordering the family’s landlord to pay the family of Kelly Green $2.3 million. Because of the state’s non-economic damages statutory cap, however, the judge that presided over the premises liability trial lowered the award to $515,000.

The case continues a years-long battle over the legitimacy of Maryland’s cap, which is $710,000 for claims filed after October 1, 2008. Claims filed before then have a non-economic damages cap of $695,000. Also at issue is whether the cap is preventing children who are seriously injured because of exposure to lead paint from recovering more compensation.

For example, in 2006, two children who experienced lead poisoning were awarded $7 million by a jury. Due to the non-economic damages cap, that part was lowered to $700,000. In 2003, a jury awarded two other kids $2.2 million for non-economic damages, which were also reduced because of the Maryland cap.

Kelly v. N.B.S. Inc.

In this latest case, Celestine Green was pregnant with Kelly when she moved into a residence on Montpelier street beginning January 1995. As a young child, Kelly would eat chips of lead paint off her home’s walls.

At 10 months, Kelly’s lead level was already just one unit below the Centers for Disease Control and Prevention’s “action level” of 10. In December 2006, her lead level readings registered at 12 and 15.

Kelly’s family claims that the girl has physical and mental impairments, as well as a decreased IQ, because of her exposure to lead paint. There is also the chance that if she has kids, they could be poisoned by the lead in her body.

Lead Paint Exposure

Exposure to lead paint can lead to serious injuries if the paint is ingested. Kids are not only susceptible to lead paint that can be found on older structures, but high levels of lead were recently discovered in many consumer products, including furniture and toys. Millions of toys and other products with high levels of lead have been recalled to prevent kids from becoming the victims of lead poisoning.

Lead-paint case the latest battleground in war over limit on non-economic damages, Maryland Daily Record, December 21, 2008
Related Web Resources:

Court of Appeals of Maryland

Lead Poisoning in Children, Family Doctor
Consumer Product Safety Commission

Wal-Mart Customers File Personal Injury Lawsuit

December 2, 2008 | Lebowitz & Mzhen

Two Wal-Mart shoppers are suing the retail store for personal injury. Fritz, 51, and 19-year-old Jonathan Mesadieu say they sustained back and neck injuries after they got caught in the crowd of people stampeding into a Wal-Mart store during last week’s Black Friday shopping rush.

Some 2,000 shoppers reportedly broke through the glass door and rushed into the building at around 5am on November 28. The Mesadieus’ personal injury lawyer says the two men were carried from where they were standing by the throng of people. They are now are experiencing back and neck pain.

Also, temporary Wal-Mart employee Jdimytai Damour died in the same stampede after he was crushed to death while he and other workers tried to open the store doors for the shoppers. Autopsy results indicate that the 34-year-old died of asphyxiation. Video footage shows up to a dozen people getting knocked to the ground as shoppers pushed their way into the Wal-Mart store. Damour was reportedly stepped on by hundreds of people.

The Mesadieus’ personal injury lawsuit accuses Wal-Mart of recklessness, carelessness, and negligence. The father and son have also filed a claim against local police. They are saying that their injuries is causing them to suffer monetary damages in the form of legal and medical expenses in the range of $2 million.

Their personal injury attorney says that Wal-Mart failed to exercise reasonable care, including putting up barriers, improved police presence, and bringing in more security, that could have prevented the Mesadieus’ injuries from happening, The Mesadieus say they saw police at the scene but that they left. Lt. Kevin Smith, however, says it was the store’s responsibility to provide security on Black Friday.

There have been other personal injury lawsuits filed by customers against Wal-Mart in the past. Five shoppers sued the retail chain in 1999 for injuries they say they sustained because other shoppers were rushing to buy Furby dolls. Another shopper sued Wal-Mart three years ago because she said that two other customers pushed her and pulled at her neck when she tried to cut in line.

Customers injured in crush suing Wal-Mart, CNN.com, December 2, 2008
Experts: Trampling death may be hard to prosecute, Newsday.com, December 2, 2008

Related Web Resources:

Wal-Mart Stores, Inc.