Maryland Accident Law Blog

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)

Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder

June 10, 2009 | Lebowitz & Mzhen

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters’ live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn’t the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple’s 2-year-old girl was also there and alive.

Wrongful Death for Murder

If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009
Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009
Related Web Resources:
Wrongful Death Overview, Justia

Recent Maryland Pedestrian Accidents Lead to Fatalities and Injuries

June 9, 2009 | Lebowitz & Mzhen

Several recent Maryland traffic accidents have led to a number of pedestrian deaths and injuries. In Ocean City, a 44-year-old pedestrian died while trying to cross the Coastal Highway. The man was reportedly not in the crosswalk when he was hit by a 2008 Nissan Altima operated by Russell Charles Mass, Jr. Mass, 18, was charged with drunk driving. Police are investigating whether the pedestrian, who sustained fatal head injuries, had also been drinking.

In Frederick, Maryland, three men were charged last week for the death of pedestrian Elizabeth DiNunzio. The Mount Saint Mary’s University’s college senior was jogging last month when she was struck by a car driven by driver Joshua Cool on Old Emmitsburg Road. According to police, DiNunzio was running against traffic and in compliance with Maryland law.

While Joshua is charged with negligent driving, knowingly driving a vehicle that was uninsured, and not exercising the proper care to avoid striking a pedestrian, passengers Ann Cool and Joseph Cool were charged with knowing that they were riding in a vehicle that was uninsured.

Last month, a Clinton man sustained serious injuries in a Howard County pedestrian accident when he was hit by a car on Route 32 close to 95. Frank Trowell, Jr., 44, was taken to Shock Trauma in critical condition. Police are looking into the cause of the Maryland motor vehicle crash.

Also in May, a pregnant teenager and her friend were hit by a car in Crownsville. Police say that the driver of the vehicle, 23-year-old Karla Wagner, drove her 1999 Jeep off the road, striking the teens. One of the girls, who is 17, is from Crownsville. The other teenager, 19-year-old Melissa Truelove, was 7 weeks pregnant at the time of the Maryland traffic crash. Both pedestrians were knocked unconscious and later taken to a local hospital.

Following the Crownsville pedestrian accident, Truelove complained of bruising on her hip and back, pain in her left side, as well as vertigo. Her friend fractured her neck and both hips and also experienced bleeding in her kidney.

Pedestrian hit by car on Route 32 listed in critical condition, Explore Howard, May 29, 2009
Pedestrian Critically Hurt in Accident, WBAL.com, May 29, 2009
Three Charged In Accident That Killed Local Student, YourState, June 4, 2009
Pedestrian Injured In Late-Night Crash, MDCoastDispatch.com, June 5, 2009
Related Web Resources:

National Highway Traffic Safety Administration

Pedestrian Safety, Maryland State Highway Administration

Maryland Boating Accident: Teenager Seriously Hurt While Trying to Dock a Personal Watercraft

June 7, 2009 | Lebowitz & Mzhen

A 13-year-old was recently rushed to Johns Hopkins Shock Trauma Hospital after he was seriously injured in a Maryland boating accident in West Ocean City’s Herring Creek. The accident occurred while the juvenile was trying to dock the personal watercraft. Instead, the teenager maneuvered the boat under the dock. The force of the crash caused the boy to get tossed from the vessel and into the water.

The Maryland Natural Resources Police Special Operation Division is investigating the boating accident. Meantime, Brian Jay Dalamater was charged with knowingly letting a person younger than 16 operate the boat and of failing to have a valid boat registration.

With summer fast approaching, this Maryland boating accident is a reminder of why it is so important for people to follow the proper safety precautions when riding a boat. In 2008:

• 9 people died in Maryland boating accidents.

• 222 people were arrested for operating a vessel while impaired.

Common causes of Maryland boating accidents:

• Boating under the influence
• Boater negligence
• Boater misconduct
• Operator inexperience
• Defective watercrafts
• Bad weather

Common kinds of Maryland boating accidents:

• Boating collisions
• Falls overboard
• Capsized boats
• Getting lost at sea
• Sinking boats
• Fires on boats
• Boat blasts

An all too common cause of boating accidents is ignorance—not being aware of boating laws and safety regulations and failing to understand that operator inexperience or carelessness can lead to catastrophic if not fatal consequences.

BOAT ACCIDENT: 13-year-old seriously injured in docking attempt, DelmarvaNOW.com, May 25, 2009
Our Say: Boating safety based on knowledge and basic rules, Hometown Annapolis, June 7, 2009
Related Web Resources:

US Coast Guard

Maryland Natural Resources Police

Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler

June 4, 2009 | Lebowitz & Mzhen

A number of catastrophic car accident victims and their families went to Capitol Hill in Washington DC on Wednesday to call on the Obama Administration and Congress to ensure their ability to obtain medical reimbursements from the now bankrupt General Motors and Chrysler. Both auto manufacturers have filed for Chapter 11 bankruptcies, which places car accident victims waiting for medical reimbursements from products liability settlements and verdicts into the category of “unsecured creditor” waiting along with everyone else for their payouts.

On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.

About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.

Examples of common kinds of car defects that can lead to catastrophic injuries:

• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects
Car accident victims fight for payouts, Washington Times, June 4, 2009
Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009
Related Web Resources:
GM and Chrysler’s bankruptcy cases at a glance, AP, June 4, 2009

Chapter 11 Bankruptcy Basics

$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family

June 3, 2009 | Lebowitz & Mzhen

In Maryland, a jury awarded the family of Ryan Dineen $3,991,000 for their cerebral palsy lawsuit. Ryan is now 9.

His family’s Maryland cerebral palsy lawsuit accuses medical staff members at Frederick Memorial Hospital of medical malpractice related to Ryan’s birth in May 2000. Named as defendants in the civil complaint were the hospital, three nurses, and three doctors. However, the jury found only two doctors, Dr. Brian Raider and Dr. Edward Chen, negligent for Ryan’s birth injury.

According to the Maryland birthing malpractice lawsuit, Suzette Dineen, an Adamstown resident, was 36 weeks pregnant with Ryan when she was admitted to the Maryland hospital for vomiting, abdominal pain, and diarrhea. She claims that after she arrived at the hospital, staff members failed to properly monitor her baby’s fetal heartbeat.

Products Liability Lawsuits Cost Bausch & Lomb Over $250 Million

June 1, 2009 | Lebowitz & Mzhen

To date, Bausch & Lomb has spent over $250 million to settle almost 600 products liability lawsuits filed by contact lense wearers that say they sustained a potentially blinding fungal infection from using multipurpose contact lense solution ReNu with MoistureLoc. The optical products company still has dozens of individual products liability lawsuits to resolve.

In the United States alone, over 700 contact lense wearers say they suffered from Fusarium keratitis while using the solution for cleaning, moistening, and storing their lenses. In a number of cases, including one in Maryland, the injure parties had to have an eye removed. Some 60 contact lense users had to undergo corneal transplants to save their vision. One man in Baltimore got hooked on painkillers after losing his eye and had to go through rehab. Both his marriage and his business fell apart.

Between June 2005 and September 2006, the US Centers for Disease Control and Prevention reported that there were at least 180 eye injury cases related to Fusarium keratitis in 35 states. Broadway actress Andrea Martin’s eye became scarred after she used the Bausch & Lomb solution and the fungal infection ended the career of one race car driver, who had to undergo a corneal transplant.

Recent Maryland Motor Vehicle Accidents Cause Injuries and Deaths

May 30, 2009 | Lebowitz & Mzhen

Baltimore County police say that two people were sent to an area hospital after they were involved in an Owings Mills multi-vehicle collision on Friday that ended when one car drove into an M & T Bank branch. The Maryland traffic accident occurred when a Hyundai Sonata struck a Toyota RAV4 that was at a red light, which then hit a Lincoln Navigator. Meantime, the Hyundai drove over a curb and into the bank. Fortunately, no one inside the bank was hurt.

In a Baltimore car accident that also occurred on Friday, police are looking for the driver of a van that fatally hit a man riding a dirt bike on Chatham Road. The van’s driver failed to stop at the crash site. Police are asking for any information that could lead to the capture of the driver involved in the deadly hit-and-run Maryland motor vehicle crash.

Also on Friday, Clinton resident Franklin Trowell sustained critical injuries in Howard County when a car hit him on eastbound Route 32 close to Interstate 95. Trowell had been standing on the shoulder of the road examining another accident when the catastrophic Maryland car crash occurred. The driver of the car, Leonard Supsic, 55, reportedly lost control of the 1998 Chevrolet Cavalier that struck Trowell.

Maryland Personal Injury

It can take some time to determine how much financial recovery you are entitled to receive after you’ve been injured in a Maryland motor vehicle accident. This is why it is important that you don’t rush to settle your car accident claim immediately. Your injuries may be more serious than you think, which means they could cost significantly more to recover from than what original estimates suggest. There also may be other parties that can be held liable for your Maryland personal injuries.

Clinton man in critical condition after being hit by car, Baltimore Sun, May 30, 2009
Police seek van driver who fatally hit man on dirt bike, Baltimore Sun, May 30, 2009
Three-vehicle accident sends car into bank, Baltimore Sun, May 30, 2009
Related Web Resources:
Car Accidents Overview, Justia
Personal Injury, Nolo

Maryland Injuries to Minors: Family Settles Personal Injury Lawsuit Over Acid Burn Injuries Sustained by Boy on Playground Slide

May 28, 2009 | Lebowitz & Mzhen

In Maryland, the family of a young boy who sustained serious burn injuries from sulfuric acid that two teenagers poured on a playground slide have settled their injuries to minor lawsuit. Payton Potochne was just 2 when he went down the slide that had industrial strength drain cleaner on it. The injury accident occurred at Victory Villa Elementary School.

It wasn’t until he was taken to Franklin Square Hospital that doctors determined that there was sulfuric acid on the boy’s legs and he had sustained second- and third-degree burns. The hospital had to evacuate the emergency room and the toddler was taken to Johns Hopkins Burn Center. Since the tragic playground incident, Payton has had to undergo over six surgeries, including numerous skin grafts. He will also need medical care for life because of his injuries.

A hazmat team poured thousands of gallons of water onto the slide to remove the chemical from the playground. A Baltimore County Police Department spokesperson says the dangerous liquid had been poured onto all the different playground rides, including the monkey bars and the jungle gym.

Anne Arundel County and Odenton Volunteer Fire Company Settle Sex Abuse Lawsuit Filed by Two Ex-Volunteer Firefighters

May 26, 2009 | Lebowitz & Mzhen

In Maryland, Anne Arundel County and the Odenton Volunteer Fire Company have agreed to pay $175,000 (and reasonable legal fees) to two men who claim that a former president of the volunteer fire department molested them. The county and the fire company, however, continue to deny the allegations that Louis D’Camera sexually abused the two men and that other supervisors covered up the incidents. An attorney for the county says the settlement is to avoid the expense of further litigation that could result from the ex-volunteer firefighters’ Maryland sex abuse lawsuit that was filed in US District Court in Baltimore last year.

The two men say they were 16 and 19 when the alleged abuse incidents started. The ex-firefighters claim that D’Camera made them take off their clothes and sit on his lap on a number of occasions while he berated them about their poor performance at school and at the station. The older victim, who is now 25, says the former fire department president forced him to masturbate and touched him inappropriately at least 12 times over a 2- year period. D’Camera killed himself in 2005 after police found him with a male prostitute.

The plaintiffs say they reported the alleged Anne Arundel County sex abuse incidents to supervisors who rebuffed them. The older victim said he reported what was happening to him as early as late 2003 or early 2004, and on more than one occasion, but no one contacted police until right before D’Camera’s suicide. The supervisors claim they didn’t feel they could report the incidents until Baltimore City Police caught D’Camera with the hooker.