Premises Liability

Maryland Injuries to Minors: Portable Pools are Just as Dangerous as Swimming Pools, Reports Pediatrics

June 22, 2011 | Lebowitz & Mzhen

According to the journal Pediatrics, wading and inflatable pools pose just as big of a drowning danger as in-ground pools—especially for kids. This Maryland child injury risk is important for parents to know about. The study looks at data that the US Consumer Product Safety Commission had gathered about drowning and near-drowning accidents that took place between 2001 and 2009.

In the summers during that time period, a child drowned in a portable backyard pool once every five days. The incidents resulted in 209 deaths from submersion and 35 non-fatal accidents involving kids under 12. Although Gary Smith, the study’s author, isn’t saying that kids shouldn’t be allowed to swim in portable pools, he does note that parents need to realize the possible dangers involved and they should the necessary safety precautions to protect their children, including:

• Making sure that children are properly supervised in the pool—this includes not texting or getting drunk while watching the kids.

• Securing the pool when no adults are around so kids can’t get in the water without permission.

Remember, you need just a few inches of water to drown in so even if the pool at issue is a wading pool, it can still pose a drowning hazard.

Our Maryland swimming accident lawyers represent families whose children have suffered injuries because someone else was negligent. In some cases, the negligent party may be a property owner that didn’t take precautions to prevent kids from entering a pool without permission or adequate supervision. Examples of other possible responsible parties in a pool drowning accident: the manufacturer of a defective pool drain or the host of a swimming event who failed to properly supervise the swimmers.

Portable pools a summer risk for children, Reuters, June 20, 2011

Pediatrics

CPSC

More Blog Posts:
Dementia Patient’s Wandering Leads to Death—Nursing Home Fined $20K for Negligence, Maryland Nursing Home Lawyer Blog, June 6, 2011
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011
In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Maryland Injury Accident: High School Football Player Injured in Pre-Football Training Program

June 9, 2011 | Lebowitz & Mzhen

A high school freshman sustained rhabdomyolysis after undergoing a serious of conditioning exercises as part of a pre-football training program at a Montgomery County high school last month. Now, Brian Jordan, who had to undergo seven surgeries to fix the damage to his muscles following the Maryland injury accident, will also have to undergo three months of physical therapy.

WAMU.org reports that Jordan’s parents are demanding an apology from the principal of Wootton High. They are also reportedly planning to take legal action.

Rhabdomyolysis

This involves the breakdown of muscle fibers that causes myoglobin to be released into the bloodstream. Rhabdomyolysis can cause kidney damage or acute tubular necrosis.

Schools are supposed to make sure that activities and athletics programs are safe for kids to take part in. This includes making sure that athletes are not pushed to work out to the point that they could get hurt. In some incidents where this responsibility was disregarded, kids have died or sustained serious injuries.

Recently, a 19-year-old sued his former high school after he sustained head injuries when playing football during the 2007 season. Zachary Alt suffered three concussions and a traumatic brain injury. He says coaching staff told him to keep playing even after his initial injuries.

If you believe your child got hurt because another party was negligent, you may have grounds for a Montgomery County, Maryland child injury case. Our Baltimore personal injury attorneys know how upsetting it can be to see your child suffer.

Parents of Injured Wootton High Student Demand Apology, WAMU.org, June 9, 2011
Former high school football player sues Highlands over head injuries, Post-Gazette, April 8, 2011

Related Web Resources:
Head injuries in Football, The New York Times
Head injuries in youth football: Concussion risk alarms parents, The Palm Beach Post, October 23, 2010

More Blog Posts:
$1.5 Million Maryland Personal Injury Lawsuit Filed Against Howard County Following Alleged Physical Assault by High School Assistant Football Coach, Maryland Accident Law Blog, November 16, 2010
Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers, Maryland Accident Law Blog, January 23, 2010
Washington DC Playground Accidents are a Leading Cause of Injuries to Minors, Washington DC Injury Lawyer Blog, April 19, 2006

Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”

April 27, 2011 | Lebowitz & Mzhen

Chrissy Lee Polis, a transgender woman, was brutally assaulted at a Baltimore McDonald’s in Maryland. Polis, 22, says she was the victim of a “hate crime” and that this is not the first time she has been attacked.

She says that this latest Baltimore injury incident happened on April 18 at a McDonald’s in the Rosedale suburb. In an interview with the Baltimore Sun, Polis claims that two females attacked her after she came out of the restroom. She says that they kicked her, ripped her hair, spit in her face, and threw her to the ground. One woman allegedly accused Polis of talking to “her” man.

The attack was captured on video by someone since identified as Vernon Hackett, a McDonald’s employee. The footage was posted online. Hackett can be heard in the background laughing while other workers are seen standing around. Hackett has since been fired.

Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing

April 21, 2011 | Lebowitz & Mzhen

A Maryland jury has ordered Nordstrom to pay Jacqueline Greismann and Sarah Paseltiner nearly $1.6 million in Montgomery County personal injury damages. The two women were injured on May 25, 2005 when they were stabbed by a woman wielding four butcher knives at the Nordstrom in the Westfield Montgomery Shopping Mall in Bethesda.

Their assailant, Antonia Starks, is a paranoid schizophrenic who is now at a Maryland psychiatric hospital. She had been released from prison just the day before she entered the mall and started chasing shoppers. Both Paseltiner and Greismann were stabbed multiple times.

The plaintiffs contend that Nordstrom failed to attempt to evacuate the store or adequately warn shoppers that Antoinette Starks was armed and on the loose. Greismann’s attorney contends that even though the store has an emergency manual, it did not adequately train its workers on how to follow it.

Baltimore’s Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases

April 11, 2011 | Lebowitz & Mzhen

The Housing Authority of Baltimore City says it is “not possible” to pay almost $12 million in existing Maryland lead poisoning judgments. According to City Housing Commissioner Paul T. Graziano says that the agency just cannot afford to pay.

The nearly $12 million is for nine court judgments, and the housing authority is still facing 175 Baltimore lead paint cases, which could up the amount the city owes for these claims to $800 million. Some lawmakers are outraged the city’s response.

Although Maryland’s lead law, which was passed in the 1990’s, has decreased the number of lead poisoning incidents that occur each year—the lead risk reduction law mandates that owners of rental units constructed before 1950 fix them to reduce lead exposure risks—incidents of lead poisoning are still diagnosed on a regular basis. According to a 2010 report by the state’s Department of the Environment, more than 500 kids under the age of 7 were diagnosed with lead poisoning in 2009. 347 of the cases were in Baltimore, the leading city for exposure to lead because of the age of the city’s housing. There are still homes and building that have lead paint on windows, walls, or molding—even if they have been painted over.

Lead paint on a property is a hazard and can be grounds for a Baltimore personal injury lawsuit if injuries or illness result. Young kids are especially at risk of serious harm from exposure to lead paint, which can affect physical and mental development and in certain cases lead to death. Adults are also prone to injuries from lead poisoning.

Serious lead poisoning side effects:
• Learning difficulties
• Developmental problems
• Decrease in mental functioning
• Mood disorders
• Muscular weakness
• Miscarriage
• Lower sperm count
• Memory loss
Baltimore’s Housing Authority Says It Can’t Afford To Pay For Lead Paint Poisoning Claim, CBS Local, April 5, 2011
Officials focus on gaps in lead paint law, Baltimore Sun, August 27, 2010
Related Web Resources:
Lead in Paint, Dust, Soil, Environmental Protection Agency
Lead Poisoning, Mayo Clinic

Baltimore Housing

More Blog Posts:
Maryland Jury Awards $2.5 Million Baltimore Lead Paint Verdict to Siblings, Maryland Accident Law Blog, November 5, 2009
Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water, Washington DC Injury Lawyer Blog, January 27, 2009
Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play, Washington DC Injury Lawyer Blog, September 20, 2007

Retired Teacher Shot to Death in Glen Burnie Shopping Mall Parking Lot

February 9, 2011 | Lebowitz & Mzhen

Myra Elizabeth Cason, a retired schoolteacher, was found fatally shot inside her vehicle in a Glen Burnie shopping mall parking lot. According to police, robbery appears to have been the motive. They think that the shooter was in the vehicle with the 63-year-old and made her drive to the parking lot where she was then shot.

Maryland Premises Liability

Inadequate security is one of the more common grounds for filing a premises liability case. Was there adequate lighting on the property? Was there adequate parking lot surveillance? What about security personnel? Does the area where the property is located have a history of violent crimes? What time of day did the crime occur? Could the property owner have prevented the crime from happening?

Obviously, not every violent crime warrants a Glen Burnie personal injury claim but you won’t know for sure unless you start exploring your legal options.

Examples of scenarios where negligent security might have played a role:
• Sexual assault in a public library bathroom
• A mugging in a parking garage
• A robbery at a gas station
• Rape in a campus building
• Molestation in a church
• A shooting in a nursing home
• A physical assault crime in a hotel

If negligence on a property allowed someone to become the victim of a violent crime, the property owner can be held liable for Anne Arundel County premises liability.

63-year-old shot to death in Glen Burnie parking lot, The Baltimore Sun, January 29, 2011
Retired Anne Arundel Co. Teacher Murdered, CBS Baltimore, January 29, 2011
Related Web Resource:
Premises Liability, Justia
Related Blog Posts:
Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes, Washington DC Injury Lawyer Blog, January 23, 2011
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 10, 2010
Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, December 11, 2007

No CO Detector in Rowhouse Where Fatal Baltimore Carbon Monoxide Poisoning Occurred

December 29, 2010 | Lebowitz & Mzhen

According to The Baltimore Sun, Department of Housing and Community Development assistant commissioner Eric Booker says the rowhouse that was the scene of a deadly Baltimore carbon monoxide poisoning accident did not have a CO detector even though one should have been installed and working properly. The victims, 40-year-old Vonita Gibbs and 30-year-old Mikeia Lucas, died on Tuesday after a gas oven was left on with the door open. Three others people, two adult males and a child, were admitted to Maryland Shock Trauma Center in serious condition.

City officials are reporting that the lower part of the oven had been covered with aluminum foil, which caused the gas to build before coming out. The gas then entering a heating duct that allowed it to spread to practically every room. According to fire officials, CO readings were as high as 500 parts per million in the unit.

According to the American College of Emergency Physicians, while carbon monoxide poisoning can pose a serious threat, it can be especially deadly during the winter, when people are trying to stay warm. In addition to the Baltimore accident, this week, a couple and their child, age 7, were taken to the hospital in Connecticut on Monday afternoon because of a CO poisoning incident in their apartment that was caused by a defective furnace. That same day, a maid found the bodies of five teenagers in a Florida hotel room. A car that had been left running in the private garage underneath the room is believe to have caused their fatal CO poisoning.

With over 400 people killed and thousands ending up in emergency rooms in the US each year from carbon monoxide poisoning, it is important that product manufacturers and premise owners make sure that they do not create or fail to remedy any type of hazard that could cause a CO poisoning accident to occur. The risk of carbon monoxide leaks go up in the wintertime with people using heating appliances and ovens to stay warm.

Open oven determined to be culprit in carbon monoxide poisoning, The Baltimore Sun, December 29, 2010
Family rushed to hospital after carbon monoxide poisoning, CT Post, December 27, 2010
Carbon monoxide poses a real, and needless, threat, USA Today, December 28, 2010
5 found dead in Florida motel room, CNN, December 28, 2010
Related Web Resources:
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010

A Guide to Preventing Carbon Monoxide Poisoning

Baltimore County Carbon Monoxide Poisoning Incident Kills 2 People and Sickens At Least 10 Others

December 14, 2010 | Lebowitz & Mzhen

According to Baltimore County Fire Department Divisional Chief Michael Robinson, the rental house in Pikesville where Nelvin Salguero and Enael Lemus died from carbon monoxide poisoning on Sunday was not equipped with a CO detector. County ordinance requires that a rental property come with the device. Firefighters said the carbon monoxide levels at the home was over 11 times greater than the level of CO there would have to be for a detector to go off.

Salguero and Lemus were construction workers who boarded with the family that rented the home. They each leave behind a wife and kids. Eight other people, including two children, fell ill during the Maryland CO poisoning, as did three of the police who responded to a 911 call and arrived at the scene. At least 10 of the Pikesville injury victims were treated at Maryland Shock Trauma Center or University of Maryland Medical Center.

Carbon Monoxide Poisoning

Winter is a time for carbon monoxide leaks to commonly occur. Many CO leaks happen because an active furnace is improperly vented is turned on or because of result of improperly vented hot water heaters or generators run with kerosene or gasoline.

As our Baltimore personal injury lawyers have reported in the past, carbon monoxide poisoning is the number one cause of accidental poisoning in the US. The Journal of American Medical Association attributes 2,100 deaths annually to CO poisoning, which can also cause brain injury, heart damage, endocrine damage, and cellular injuries.

There are steps that premise owners can take to reduce the chances that a carbon monoxide incident will occur, including:

• Installing a carbon monoxide detector in the building
• Making sure that the central heating system, appliances, vents, and chimneys are properly maintained and cleaned
• Ensuring that the flues are open when using a fireplaces,
• Making sure the appropriate fuel is used in paraffin space heaters
• Not using paint remover containing methylene chloride
2 dead, 10 sick in Pikesville carbon monoxide poisoning, The Baltimore Sun, December 13, 2010
Pikesville CO victims identified, ABC2News, December 13, 2010
Related Web Resources:
Carbon Monoxide Poisoning, eMedicineHealth
Protect Your Family and Yourself from Carbon Monoxide Poisoning, US Environmental Protection Agency

Maryland Fire Deaths of Two Frostburg State University Students Caused by Overheated Pipe

December 7, 2010 | Lebowitz & Mzhen

Investigators are now saying that the apartment fire that killed Frostburg State University students Alyssa Salazar, 20, and Evan Kullberg, 23, occurred because of an overheated flue pipe. The fatal Maryland fire occurred early Friday.

According to the state fire marshal’s office, the three alarm fire was caused by the flue pipe that went from a wood-burning stove through a wooden-frame wall on the first floor to the structure’s exterior. There is no indication that the smoke alarms in the couple’s apartment were working. Also, the building was constructed before the enactment of a 1990 law requiring new multifamily structures to set up sprinkler systems.

The state medical examiner’s preliminary findings is citing smoke inhalation as the two students’ cause of death. Salazar died on her birthday.

Maryland Premises Liability

Property owners and managers are supposed to make sure that their buildings are free from any hazards that could contribute to injury or death. This means making sure that there are no safety violations and that the appropriate devices, such as smoke detectors and fire alarms, and exit routes are in place in the event of the emergency. The building, its facilities, and utilities should also be properly maintained.

If someone you love was killed in an accident on a property that is owned or managed by another party, you may have grounds for a Maryland wrongful death lawsuit. If faulty maintenance or a product defect was a factor in causing the fatality, you also may have reason to seek damages from the product manufacturer or the company that provided the inadequate maintenance.

Fire that killed 2 Frostburg students was caused by overheated pipe, Baltimore Sun, December 6, 2010
No Smoke Detectors Found in Fatal Fire Near Md. Campus, Firehouse.com, December 7, 2010
Related Web Resources:

Fire Protection and Prevention, Maryland Code (PDF)

Fire Safety

Premises Liability, Maryland Accident Law Blog
Burn Injuries, Maryland Accident Law Blog

Man Assaulted at Westport Light Rail Station in Baltimore, Maryland Dies From Injuries

November 8, 2010 | Lebowitz & Mzhen

The 44-year-old man who was physically assaulted at the Westport light rail station last month has died from his Baltimore injuries. Winslow Thomas, who managed to walk to a home after the attack on October 22, received treatment at Maryland Shock Trauma for blunt-force injuries and cuts. He died on November 3.

Unfortunately, crimes at light rail, train, and subway stations do occur. This is why their premise owners and supervisors must exercise the proper safety precautions to prevent such incidents from happening. Security personnel, surveillance cameras, alarm systems, and proper lighting are examples of possible safety precautions that can be implemented to discourage/prevent robberies, sexual assault, physical assault, and murder from happening.

It was just in August that our Washington DC personal injury law firm reported on a brawl involving 70 people that started in a rail car before continuing on a L’Enfant Plaza Station platform. Not long after that two adults were assaulted on a Green line train.

Even if the property owner did not directly cause a crime to occur on a premise, liability can still be found if the owner should have and could have acted to prevent the incident from happening.

Baltimore Premises Liability

Crimes on a premise are not the only potential danger that can occur on a premise. Premises liability cases have been brought against a property owner by those who have been injured in Maryland slip and fall accidents or because of falling merchandise, inadequate maintenance, defective conditions, or other hazards that caused personal injury or wrongful death.

Man, 44, who was beaten at light rail stop dies, Baltimore Sun, November 5, 2010
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010
Related Web Resources:
Premises Liability, Justia
Proving Fault in Accidents on Dangerous or Defective Property, Nolo