Premises Liability

Former Patient Files $77 Million Maryland Personal Injury Lawsuit Against Sinai Hospital and Security Guard for Assault

October 21, 2008 | Lebowitz & Mzhen

In Maryland, a man who previously sought medical treatment at Sinai Hospital for depression is suing the hospital and security guard Timothy Hough for $77 million. The former patient, Gerrod Lewis, says that Hough assaulted him in the hospital emergency room on Labor Day.

Sinai Hospital acknowledges that an unfortunate altercation happened but maintains that Hough was “defending himself” against Louis, who they accuse of being “violent and out-of-control.” Hough continues to work at the hospital.

According to Lewis’s Maryland personal injury lawsuit, Hough started beating him on the head after he refused to remove his earring. Lewis maintains that the assault occurred in an exam room after an emergency technician left him alone with Hough. Lewis, who sustained head and eye injuries from the incident that occurred on September 1, alleges that Hough struck him about 20 times until he was on the ground in “puddles of blood.”

Two Kids Suffer Burn Injuries in Washington DC Apartment Complex Playground

September 3, 2008 | Lebowitz & Mzhen

Two kids suffered burn injuries in Washington DC on Monday during a fire accident on a playground at the Columbia Heights Village Apartment Complex. Neighbors blame careless workers for leaving a can of gasoline at the playground.

Police say that a boy was playing with the can of gas when the fire started. A little girl sitting on a bench got burned and was later hospitalized. Neighbors say they called emergency crew members when they heard screaming.

According to The Burn Institute:

• Children younger than 5 are two times as likely as other people to die in a fire accident.
• Children are at highest risk of dying from their burn injuries.
• Playing with fire is the number one cause of death for very young children.

• 18-month old toddlers have been known to start serious fires.

Property owners and managers and those in charge of overseeing job sites, public events, public areas, and other premises frequented by kids, patrons, employees, visitors, and others are supposed to make sure that there are no unsafe conditions on a premise that can lead to serious injuries or deaths.

Common causes of fire injures to children younger than 15:

• Fireworks
• Ovens
• Curling irons
• Heaters
• Matches and lighters
• Hot liquids and hot foods
• Household appliances
• Defective electrical products
Kids Playing with Fire Leave Two Hurt in D.C., MyFoxDC.com, September 2, 2008
Burn Injury Fact Sheet, CT Safe Kids

Related Web Resources:

The Burn Institute

Fire Deaths and Injuries: Fact Sheet, CDC

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit

August 15, 2008 | Lebowitz & Mzhen

In Maryland, the family of Cassandra Blake, is suing Cedar Towers Apartment, American Pool Enterprises, Inc., American Pool Management Inc., Doug Kusher Co., and Westminster Management for $100 million for her wrongful death.

The 23-year-old Baltimore County woman died in 2005 after drowning in the Cedar Towers Apartment complex swimming pool. The lawsuit contends that the lifeguards that were on duty at the time of the accident were unqualified and had only one week’s worth of training.

Blake was visiting a friend at the Cedar Towers complex, and she had gone to the pool with her son, her sister, and other kids. A lifeguard and security guard reportedly told her it was okay to use the pool. At some point, Blake, who could not swim, either fell or was pushed into the deep end of the pool where she drowned.

Three People Injured in Baltimore County When Elevator Falls

July 30, 2008 | Lebowitz & Mzhen

Three people sustained injuries in Towson when an elevator in the Baltimore Circuit Court building fell almost two feet between the first and ground floors.

Firefighters were able to manually open the door to rescue its passengers. One of the passengers, a man, was transported to Sinai Hospital as a precautionary measure. Two boys sustained minor injuries. All three injury victims involved in the elevator accident were at the courthouse to attend a wedding.

The Maryland Labor and Industry Commission says the state last inspected the elevator in January 2007 and only minor problems were found. The company in charge of maintaining the elevator, Otis Elevator, last inspected the elevator in July 2007.

Elevator Accidents

The Bureau of Labor Statistics says that there were 68 fatalities involving elevator accidents between 1992 and 2003. The Consumer Product Safety Commission reported 9,800 elevator injuries in 1994 involving victims be sent to hospitals.

Common Elevator Accidents:

• Sudden acceleration or deceleration of speed
• Sudden stops
• Stopping in between floors
• Failing to stop so that the bottom of the elevator- is level with the floor
• Falling elevator
• Getting struck by or caught between the elevator doors
• Trip accidents
• Fall accidents

Examples of Elevator Injuries:

• Cuts and scrapes
• Nerve lacerations
• Fractured bones
• Death

Property owners with elevators on their premises are obligated to make sure that the elevator is working properly and is up-to-date on all maintenance checks and repairs. Failure to fulfill these obligations can be grounds for a premises liability claim or lawsuit if a passenger is injured or killed.

Elevator Malfunction Injures Three, ABC2news.com, July 30, 2008
Three Hurt in Court Elevator Accident, Delmarvanow.com, July 30, 2008

Related Web Resource:

Deaths and Injuries involving Elevator Accidents, CPWR.com (PDF)

Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries

July 16, 2008 | Lebowitz & Mzhen

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.

• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents

Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008
Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic

June 19, 2008 | Lebowitz & Mzhen

A DC teenager, who was raped by a counselor at a Pennsylvania clinic in 2005, has filed a federal lawsuit suing Washington DC and nonprofit group KidsPeace Corporation for personal injury. The girl, who is a former ward of the city, had been consigned to the clinic, which is run by KidsPeace. In her lawsuit, the teenager says she was sent to the KidsPeace clinic despite reports of previous abuse incidents at the Pennsylvania site.

The plaintiff alleges that the city therefore plaid a role in allowing the brutal sexual assault incident to occur. KidsPeace counselor, Jerry McChristian, has admitted to raping the girl, and he pled guilty to institutional rape in 2006.

This is not the first report of children under welfare becoming the victims of abuse, and Washington DC has agreed to send less children to remote clinics. Just this month, a monitor appointed by the US Congress reported that children at a Florida clinic were being treated like “garbage.” DC officials only found out about the abuse through media reports. In 2007, schools Chancellor Michelle Rhee found out that several children under KidsPeace’s care had suffered broken arms while under “therapeutic restraint.” Rhee is no longer sending kids to KidsPeace clinics.

Sexual Assault Crimes and Negligent Security

If you were sexually assaulted on a premise, you may be able to hold the landlord, property owner, premise manager, or another party liable for the harm that you have suffered. Premise manager, owners, or any entities in charge are supposed to implement the proper safety measures to make sure that no physical or property crimes are committed so that visitors, patrons, patients, customers, and employees do not get hurt, assaulted, raped, robbed, or murdered while on a premise.

If there is has been a history of crimes committed on the premise or in the area, then the premise owner or manager must secure the property so that similar crimes cannot happen again. If you or your child has been placed under the care of a government entity, and you were injured because they were negligent in their hiring of staff or they failed to implement the proper safety/security measures, you may be able to sue the liable party or parties for personal injury.

Our Washington DC personal injury law firm can help you explore your legal options.

Teen sues D.C. for $10M, saying city put her in clinic where she was raped, Examiner.com, June 19, 2008
Ex-KidsPeace counselor admits to sex with teen, Isaccorp.org, July 20, 2006
Youth Counselor Sentenced in Sex Case, Action News, November 30, 2006

Related Web Resources:

KidsPeace lays off 79 employees, Mccall.com, October 20, 2007

Six-Year-Old Girl Suffers Third Degree Burns From Live Wire At Prince George’s County Bus Stop

June 12, 2008 | Lebowitz & Mzhen

In Maryland, Prince George’s County officials are trying to figure out how there managed to be an exposed live wire at a Chillum bus stop. A six-year-old girl suffered electrical shock and “severe” third-degree burns on Saturday after she grabbed the wire. She was taken to Children’s National Medical Center where she stayed overnight.

A lighted shelter had been removed from the bus stop in February following several incidents of vandalism, and Prince George County’s Department of Public Works and Transportation says that the electrical current was supposed to have been turned off.

Susan Hubbard, a spokesman for the department, says that the county’s contractors all say that the electricity was shut down. A Pepco crew capped the live wire after the electrical burn accident.

The owners of public and private premises are supposed to make sure that any unsafe hazards or defects on a property are removed or repaired. When failure to fulfill this duty of care results in personal injury or death, the injured party or their family can file a Maryland premises liability claim against the negligent party.

Electrical Burns

Burn injuries can be caused by being burned or shocked by an electrical source, such as a live wire, an electric plug, or an electrical cord. Third-degree burns are the most serious kind of burns, and they can result in serious tissue or nerve damage. On the surface, electrical burns may appear minor, when in fact, the internal damage can be deep and catastrophic.

If you or someone you love sustained electrical burn injuries or another kind of burn injury because a property owner, an electrical company, or another party was careless, one of our Maryland burn injury attorneys may be able to help you.

Girl, 6, Burned by Live Wire at Bus Stop, Washington Post, June 10, 2008
Burn Injuries, Shriners Hospital

Related Web Resource:

Prince George’s County Maryland

Maryland Personal Injury Lawsuit For Paralysis Injury Sustained In 2004 Randallstown High School Shooting Will Be Tried in Baltimore County

June 5, 2008 | Lebowitz & Mzhen

In Maryland, the personal injury lawsuit filed by Edna “Peggy” Payton-Henderson, the mother of William “Tipper” Thomas III, the high school football player who became paralyzed from the waist down after being injured during a 2004 shooting at Randallstown High School parking lot, will be tried before a jury in Baltimore County. Maryland’s Court of Special Appeals’s decision upholds a lower court ruling to move the case to Towson in the “interest of justice” and because the location was more convenient for most of the witnesses.

The personal injury lawsuit names Randallstown High, the Baltimore County Police Department, the Baltimore Board of Education, two Baltimore police officers, and the two shooters who were convicted for firing a gun into a group of students. All of the defendants are accused of negligence and failure to prevent Thomas, who was shot in the neck, back, and lung, from getting hurt. The former high school athlete had planned to continue playing football at Morgan State University.

The shooting incident occurred in May 2004 following a charity basketball game. Four students were shot. Two gunmen are serving 50 and 100-year prison terms for the shooting. A third person, charged with bringing the weapon to school, will stand trial in the next few months.

Catastrophic Personal Injuries

If you or someone you love is paralyzed, has a traumatic brain injury, has a permanent disability or disfigurement, or is suffering from another catastrophic injury that was caused by someone else’s negligence, you should speak with a Maryland personal injury law firm that knows how to help you obtain recovery for your injuries.

Catastrophic injuries can affect your life forever, and there may be expensive and ongoing medical and care costs that you will have to pay for so that you can maintain some quality of life. The losses that can result from a catastrophic injury, such as the inability to work again or go to school or enjoy normal pleasures, such as recreational activities or being able to embrace your loved ones, cannot be quantified. There are, however, remedies available so that you can receive financial compensation for your losses, damages, pain and suffering, and medical costs.

County court to hear lawsuit in school shooting, BaltimoreSun.com, June 3, 2008
Sun coverage: Shooting at Randallstown High, BaltimoreSun.com

Related Web Resources:

Baltimore County Board of Education

Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club

May 13, 2008 | Lebowitz & Mzhen

Former Yale Law School Professor Robert Bork has agreed to a $1 million slip and fall lawsuit he had filed for injuries he suffered at the Yale Club of New York City in 2006. The details of the settlement are confidential.

Bork injured himself at the alumni social club when he fell while stepping onto a dais to make a speech. He filed the million-dollar lawsuit because he said that the club acted negligently when it failed to provide him stairs or a handrail that he could use while mounting the stage.

The 81-year-old one-time Supreme Court nominee says that he experienced excruciating pain from the large hematoma that formed on his leg as a result of the fall accident. Bork says he underwent months of medical care and surgery.

Yale Club’s lawyers had placed part of the blame with Bork because he had tried to climb onstage.

Bork was a law professor at Yale Law School from 1962 to 1982. His nomination to become a Supreme Court judge in 1987 fell through after Senate Democrats rejected his conservative judicial record.

Slip and Fall Accidents

If you are someone that has sustained serious injuries because you slipped or tripped and fell on someone else’s premise and the owner of the premise could have taken steps to prevent the accident from happening, you may be able to file a personal injury claim or lawsuit against the negligent party.

Slip and fall accidents can lead to painful and serious injuries, including broken bones, dislocated hips, back injuries, head injuries, spinal cord injuries, and traumatic brain injuries. Many injuries sustained in fall accidents can take weeks or months of recovery.

In Maryland and Washington D.C., our premises liability law firm has successfully dealt with many kinds of slip/trip and fall accident cases for our clients and we know how to properly investigate and pursue your case so you can obtain the financial recovery that you need to heal.

Yale Club settles ex-nominee Bork’s suit over 2006 stumble, Washington Post, May 9, 2008
Bork settles lawsuit in fall at Yale Club, Newsday.com, May 9, 2008

Related Web Resources:

Read the Lawsuit (PDF)

Yale Club of New York City

Washington D.C. Cracks Down On 23 Landlords with Lawsuit for Code Violations Due To Poor Conditions on the Premises

April 8, 2008 | Lebowitz & Mzhen

The District is suing the 23 property owners of 71 rental buildings (46 rental homes and 25 apartment buildings) for “egregious” code violations. It is also demanding that 13 of the properties be declared “public nuisances” so that repairs are made immediately.

Washington D.C. Mayor Adrian M. Fenty says the lawsuit does not even name all of the egregious properties in the District. D.C. officials say that the lawsuit comes after years of trying to get landlords to improve the conditions on their properties through fines, requests, demands, and civil lawsuits filed by the DC Department of Consumer and Regulatory Affairs.

The owners of the 58 building that have not been placed in receivership reportedly have a history of refusing to make the necessary building repairs or secure the proper licenses to rent out their properties. The lawsuit is intended to force the owners into compliance.

Leaks, pest infestations, mold, and inadequate security are some of the conditions on a number of the premises that require repair or remedy. Because many of the tenants are poor and/or are immigrants, the the landlords may not feel as much pressure to make the necessary repairs. Other landlords reportedly allow the conditions on their properties to deteriorate so that their tenants are forced out due to “eviction by neglect” and the buildings can be rebuilt into upscale housing without violating any tenant conversion laws.

Unfortunately, poor and unsafe conditions on a rental property can pose a health and/or danger risk to tenants and their visitors. Inadequate security can lead to residents becoming the victims of crimes, including sexual assault, physical assault, murder, and robbery.

Not making the proper repairs on a property can lead to slip and fall accidents, electrocution accidents, fires, asbestos or lead paint hazards, and other premises liability-related accidents or dangers.

If you have been injured or someone you love has died on another person’s property because of the property owner’s negligence or carelessness, our Washington D.C. personal injury law firm would like to talk to you.

District Sues 23 Landlords for Code Violations, WashingtonPost.com, April 5, 2008
Premises Liability Overview, Justia

Related Web Resources:

Renter’s Rights and Responsibilities: The Basics, Virginia State University
Tips on Renting in the District of Columbia, Washington Post