Premises Liability

Ruth’s Chris Steak House Employees in Baltimore, Maryland File $64 Million Personal Injury Lawsuit Over Carbon Monoxide Leak

February 28, 2008 | Lebowitz & Mzhen

In Baltimore Circuit Court on Tuesday, 16 Ruth’s Chris Steak House employees filed a $64 million personal injury lawsuit against TPOB Pier Five LLC, the company that owns the Pier 5 Hotel where the Inner Harbor steak restaurant is located. The plaintiffs claim that they were hospitalized because they were exposed to high levels of carbon monoxide while working at the restaurant. Ruth’s Chris is not named as a defendant in the lawsuit because Maryland’s workers’ compensation laws prevent employees from suing their employers.

Each plaintiff is asking for $2 million in punitive damages and $2 million in compensatory damages. The lawsuit is accusing the owners and operator of the hotel of “wanton and reckless” acts and disregarding the health and safety of employees.

The cause of the leak was a crack in the boiler’s heat exchanger. The plaintiffs say that the improper maintenance and operation of the boiler cause the leak to occur for weeks until it was discovered on February 2. Employees reportedly suffered headaches in the weeks prior to the evacuation.

On February 2, the Ruth’s Chris Steak House was evacuated because workers began experiencing nausea, dizziness, and to feel faint. According to the Baltimore Fire Department, the concentration of carbon monoxide in the air was 400 parts per million—exposure to this much carbon monoxide can be deadly. Usually, a carbon monoxide reading of 100 parts per million warrants an evacuation from a premise.

Our Maryland and Washington D.C. personal injury law firm handles injury cases throughout both states, including claims and lawsuits involving premises liability, defective products, and exposure to hazardous substances. Even if you have been injured on the job, there may be a third-party that is not your employer whose negligence led to your injury accident.

Health Problems Caused by Exposure to Carbon Monoxide Include:

• Fatigue
• Dizziness
• Vision problems
• Nausea
• Confusion
• Flu-like symptoms
• Reduced brain function
• Angina
• Death
Restaurant employees sue over carbon monoxide leak, USA Today, February 27, 2008
Carbon Monoxide, EPA.gov

Related Web Resources:

People Sickened In Separate CO Incidents, WZJ.com, February 4, 2008
150 evacuated from steakhouse, Baltimore Sun, February 3, 2008
Carbon Monoxide Q & A, CPSC.gov

Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter

February 21, 2008 | Lebowitz & Mzhen

In Maryland’s U.S. District Court in Baltimore, Pennsylvania resident Yvonne Boughter filed a wrongful death lawsuit over the carbon monoxide deaths of her husband, Patrick J. Boughter, 40, and his 10-year-old daughter Kelly. She is seeking $30 million in damages.

The Boughters, from Lebanon, Pennsylvania, were staying at the Days Inn motel on 23rd Street in Ocean City in June 2006 when the accident occurred. An investigation into the deaths found that gas was able to enter the room they were staying in through a disconnected water heater pipe in the basement. The exposure to the gas killed Patrick and Kelly. Yvonne and their daughter Morgan survived.

Defendants named in the case are Bay Shore Development Corp, Heat Transfer Products Inc., R.E. Michel Co. Inc., and All About Plumbing. Bay Shore owns the motel. Heat Transfer Products made the water heater. R.E. Michaels sold the water heater to Bay Shore. All About Plumbing installed the water heater in the hotel. Wyndham Hotel Group is the parent company of the Days Inn.

Boughter is asking for $20 million in compensatory damages and $10 million in punitive damages. Loss of family and future income from Patrick’s job as a welder were considered by the plaintiff when calculating an amount.

The lawsuit comes after an extensive probe into the deadly accident, as well as another carbon monoxide leak that occurred at the Days Inn in 2005.

Premises Liability and Products Liability

Hotel owners are supposed to ensure that there are no unsafe conditions on their premise that could harm visitors or guests. They can be held liable for personal injury or wrongful death if someone is seriously hurt or died from a hazardous condition on the property.

Manufacturers, sellers, and distributors of a defective product can also be held for products liability if a consumer was injured or killed by that product.

In Maryland and Washington D.C., one of our experienced personal injury lawyers would be happy to discuss your case.

Carbon Monoxide Poisoning

Carbon Monoxide (CO), often referred to as “the silent killer,” is the number one cause of accidental poisoning fatalities in the United States. The Centers for Disease Control says that 15,000 people visit the hospital every year due to carbon monoxide poisoning. About 500 CO poisoning deaths occur annually.

Some Sources of Carbon Monoxide:
• Charcoal grills
• Gas water heaters
• Propane heaters
• Propane stoves
• Cigarette smoke
• Generators powered by gasoline and diesel
• A boat run by an engine
• Paint removers
• Spray paint
• Degreasers
• Solvents
Widow sues OC hotel over carbon monoxide deaths, MDDailyrecord.com, February 19, 2008
Wrongful death suit filed in resort carbon monoxide deaths, Examiner.com, February 20, 2008

Related Web Resource:

Carbon Monoxide Poisoning, EMedicineHealth

NTSB Says Design Error Caused Deadly 2007 Minneapolis Bridge Collapse

January 15, 2008 | Lebowitz & Mzhen

The National Transportation Safety Board says that a design flaw is what led to undersized gusset plates holding the steel beams on Interstate 35-W bridge in Minneapolis, Minnesota to snap and the bridge to collapse into the Mississippi River last August. More than 100 people were injured and 13 others were killed.

According to NTSB Chairman Mark V. Rosenker, investigators discovered 16 fractured gusset plates—which were reportedly half the thickness that they need to be and were installed that way. Rosenker said investigators could not locate the design calculations to determine the source of the design flaw. He also stated that there was no evidence to indicate that corrosion, cracking, or other wear was responsible for the bridge collapse.

Investigators have suggested that a construction going on at the bridge at the time of the accident may have been put much weight and pressure on the bridge’s structure.

After the accident in August, Minnesota officials said that the eight-lane bridge, open since 1967, had passed inspections for years—albeit without flying colors. During a 2006 inspection, the Minneapolis Bridge rated a 4 out of 9 for its supporting structure, which was in reportedly poor condition.

As far back as 1990, the federal government had categorized the bridge as structurally deficient. The bridge, like many bridges built in the 1950’s and 1960’s, was missing the redundant protection needed to reduce the types of single structural failures that can cause the bridge to come crashing down.

When flaws in the design of a product results in serious injuries, the manufacturer of the product, the companies that installed or made the product available for use, and the person responsible for authorizing the product’s use can be held liable in a products liability lawsuit.

The owner of an unsafe premise—whether public or private—can also be held liable if a person is injured on a property because the premise itself or a condition on the premise was unsafe, hazardous, or improperly maintained. A premises liability lawsuit may even name a local, state, or federal government entity if the plaintiff has grounds to hold them responsible for the injuries or deaths.

NTSB: Minneapolis bridge that collapsed had design flaw, CNN.com, January 15, 2008
Design Flaw Said to Have Caused Minn. Bridge to Collapse, Washington Post, January 15, 2008
Minneapolis Bridge Had Passed Inspections, New York Times, August 3, 2007

Related Web Resource:

National Transportation Safety Board

Maryland Girl is Third Attack Victim on an MTA Bus This Month

December 19, 2007 | Lebowitz & Mzhen

A teenager was stabbed in the arm on a Maryland Transit Administration bus No. 51 in Maryland yesterday. Baltimore police arrested two juveniles in connection to the assault. The assault occurred near Mondawmin Mall when a fight broke out in the back of the bus.

The bus driver pressed the emergency alarm button to alert MTA and Baltimore police. The girl ran away from the bus and was later found by police.

This was the third attack on a Maryland bus this month. Last week, two men were attacked by five others on MTA Bus 64. On December 4, several black teenagers attacked a white couple on an MTA bus in Hampden. The attack left 26-year-old Sarah Kreager seriously injured. Nine juveniles were charged in the December 4 attack.

If you are a victim of a crime on a bus and the bus company did not put in place the proper safety measures to prevent your crime from occurring—especially if similar crimes had recently been committed on other buses in the area—you may be able to file a personal injury claim or lawsuit against the bus company.

You should speak with an experienced Maryland personal injury lawyer right away. That said, filing any kind of personal injury lawsuit against a bus, a bus driver, or a bus company—especially a public bus—can be complicated. This is why you need to work with a personal injury attorney who knows how to handle these types of cases.

Victims of crimes that occur on another person’s property due to inadequate security can be grounds for a premises liability lawsuit against the negligent property owner. The proprietor or owner of a premise or building must take steps to ensure that the property is safe for residents, visitors, employees, and patrons.

A person also may be able to file an inadequate security if he or she was injured due to insufficient security at a shopping mall, amusement park, office building, apartment building, convenient store, restaurant, or on a cruise ship, elevator, or bus.

Teenage girl stabbed on MTA bus, Baltimore Sun, December 19, 2007
Surveillance Photos Released In MTA Bus Attack, WJZ.com, December 15, 2007

Related Web Resource:

Maryland Transit Administration

Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit

December 11, 2007 | Lebowitz & Mzhen

The family of Shirley Cooper, a 72-year-old Baltimore resident who was murdered at the Temple Gardens apartment complex, has filed a $14 million wrongful death lawsuit against ETG Associates and Roizman Development because of the inadequate security that allegedly allowed an intruder to kill Shirley on June 2.

The attacker stabbed Shirley Cooper multiple times at her home. Her son, Leo Cooper, found her body. No arrests were made and police in Maryland closed the case when their number one suspect was discovered dead. The $14 million figure was chosen to symbolize the number of times Cooper’s assailant stabbed her.

The wrongful death lawsuit claims that the intruder was able to enter Cooper’s apartment because of lax security. The entryway through which the murderer came in was not monitored and security cameras in the building were either not operating correctly or were improperly installed.

The owners and managers of apartment complexes, senior residents, hospitals, shopping malls, parking lots, banks, restaurants, cafes, grocery stores, motels, hotels, office buildings, and other privately and publicly owned premises are supposed to ensure that proper safety precautions are in place to prevent visitors, patrons, customers, or residents from getting hurt while on their premise.

Failure to do so can be grounds for a premises liability claim or lawsuit if someone is injured in a crime that was committed due to inadequate security—especially if the owner of the property had been warned of potential problems before the crime occurred. A wrongful death lawsuit may result if the crime victim dies.

Crimes leading to injuries that occurred on a premise due to inadequate security include robbery, physical assault, sexual assault rape, assault involving a deadly weapon, and murder. Stab wounds, gunshot wounds, traumatic brain injuries, spinal cord injuries, bruises and scratches, sexual assault-related injuries, mental trauma, emotional anguish, and wrongful death are some of the injuries that can result in an inadequate security-related crime.

Family files $14M lawsuit over security, Examiner.com, November 15, 2007
Suing the Landlord: Negligent-security suits present problems of proof, causation, The Daily Record, December 9, 2007

Related Web Resources:

Inadequate Security: The New Liability Crisis

Baltimore School System Drops Appeal and Will Pay $100,000 Judgment to Girl Sexually Assaulted in Maryland Classroom

December 2, 2007 | Lebowitz & Mzhen

The Baltimore school system in Maryland is dropping its appeal against the personal injury lawsuit filed by the mother of a 12-year-old girl that alleges that seven boys in a special education math class sexually assaulted her daughter in 2002.

Bridget Banks, the girl’s mother, says that on November 27, 2002, she received a voice message telling her that her daughter, who had previously been diagnosed with mild mental retardation, had been suspended from school.

The woman found her daughter at home. She says her daughter could not speak, her hair was a mess, and her shirt was ripped. She made her daughter tell her what happened. She then called the Baltimore police.

The girl, now 17 years of age, has been treated at mental facilities 21 times since the attack occurred. She also was diagnosed with post-traumatic stress disorder, had violent nightmares, and became suicidal. She now lives in a special home for vulnerable adults.

As part of their appeal, the schools had alleged that the girl had provoked the assault, which took place in the special education classroom at Southeast Middle School. The teacher reportedly was in the room but did not stop the attack. She was the only girl in a class with nine boys.

The lawsuit says that a number of boys started fondling her breasts. She called out to the teacher but was ignored. Seven of the boys pinned her to the ground and tried to pull her underwear off. She managed to push them away. At the principal’s office, a number of the boys contradicted her story and claimed she had “asked for it.” The girl was suspended.

By law, schools in Maryland must report any allegations of sexual assault. Southeast Middle School did not file a report with police.

The jury awarded Banks and her daughter $135,000 for medical expenses, pain, and suffering. The school system will pay the girl and her mother $100,000, which is the maximum allowed under state law for this type of personal injury case. Until this year, the school had covered all the costs of long-term mental facility placements.

Schools are supposed to ensure that children on their premises are safe from harm, including physical assault, robbery, injury, sexual assault, and wrongful death. If you or child was injured at a school, a good personal injury lawyer can help you determine whether you have grounds to file a premises liability claim or another kind of personal claim or lawsuit.

Schools stop fighting $100,000 judgment, Baltimore Sun, December 1, 2007
‘When she yelled for help, no one did anything’, Baltimore Sun, November 25, 2007

Related Web Resource:

Are Schools More Afraid of Lawsuits than They Should Be?, Christian Science Monitor, May 27, 2003

All Metro Bus Shelters in DC to Be Inspected After Glass Structure Falls and Leads to Injuries

May 24, 2007 | Lebowitz & Mzhen

In the wake of a bus shelter falling on waiting passengers on Macarthur Boulevard near Cathedral Avenue in Washington D.C., all metro bus shelters in the area are to undergo a safety inspection.

The accident happened earlier this month when a Metrobus ran into the shelter, shattering the structure that then fell on waiting passengers. One woman became trapped under the shelter’s metal roof and another woman was also injured. Both women were treated and released from a local hospital.

A Metro spokesperson says that one of the bus’s mirrors had hit the metal-framed shelter structure, causing the glass to shatter and the metal structure to fall.

A similar accident occurred in the exact spot last year where the shelter was then rebuilt. Local residents are concerned that the bus shelter was once again built too close to the road and have expressed worry that similar structures nearby were also built in unsafe locations.

The DDOT (District Department of Transportation), which maintains the shelters, and Metro have said they will investigate the accident together.

If you have been injured on public, private, or commercial property because of unsafe conditions, you may be able to file a personal injury claim and recover compensation for your pain and suffering.

Premises liability consists of claims arising from unsafe buildings, slip and fall accidents, falling objects, or any other unsafe conditions on a premise that leads to someone being injured.

If You Have Been Injured On Unsafe Premises

There are many factors and issues that can arise during a premise liability case, and a good personal injury attorney will know what questions to ask and how much damages can be claimed for your injury. An experienced personal injury lawyer will also know who can be held liable for your accident, especially if the property where you were injured is a public or commercial property—there may be more than one party that can be held responsible for your injury accident.

Bus accidents where the driver may be held liable for your injuries tend to be more complicated than car accident claims because so there are special rules and regulations governing bus drivers and their responsibility to keep the roads, passengers, and pedestrians safe. A personal injury lawyer who is familiar with these rules and regulations can skillfully handle the complexities of your bus injury claim for you.