Washington DC Injury Lawyer Blog

A Washington, DC-area dentist recently warned about the importance of protecting children’s teeth and jaws from injury as they participate in fall and winter sports, noting the potential for serious damage and complications from fairly common sports injuries. The dentist, of course, recommends obtaining a custom-made mouth guard with the assistance of a dental professional. His advice demonstrates the importance of ensuring safe and reliable protection for children (and adults) who participate in sports, whether the protective device is store-bought or professionally-made.

Sporting goods stores and other retailers sell a variety of protective equipment, including mouth guards, pads, and braces. Almost any of these types of equipment are also available custom-made from medical professionals. The recent article focuses on mouth protection, but its advice applies to protection for the head, limbs, back, and more. Manufacturers of products offered for sale to the public have a duty to take reasonable steps to ensure that their products are fit for their advertised use.

Consumers, under the legal theory of products liability, may be able to recover damages from the manufacturer of a product if that product causes them injury in certain circumstances. A manufacturing defect could be any sort of flaw occurring during the production of a product that makes it unsafe. A design defect is a problem inherent in the product that would have occurred before the product was ever produced or assembled. A marketing defect refers to the advertising of a product for some improper use. Any of these defects could cause an injury to a consumer, and could entitle the consumer to compensation for injuries.

Medical professionals, by virtue of their education, training, and unique position of responsibility to their patients, have a very high duty of care. Producing customized protective equipment for athletes places them into a position of responsibility for the design, manufacture, and marketing of these products. They therefore bear some potential liability for customized equipment along with the actual manufacturers.

The Consumer Product Safety Commission (CPSC), an agency of the federal government, monitors the safety of consumer products, issuing recalls for products it deems sufficiently unsafe. It enlists the cooperation of the manufacturers themselves when possible, but it has the legal authority to order a recall when necessary. The CPSC maintains records of recalls it has ordered or requested, organized by market segment. It has issued multiple recalls for sports equipment, including safety equipment for both adults and children, such as:

- Football helmet chin straps due to “laceration hazard,” November 3, 2011
- Ski helmets due to “head injury hazard,” July 21, 2011
- Baseball and softball gloves due to “presence of mold,” July 6, 2011
- Bicycle helmets due to “head injury hazard,” May 31, 2011
- Lacrosse gloves due to “violation of lead paint standard,” July 26, 2010

Continue reading "Washington DC Dentist Warns of Dangers of Sports Injuries" »

Football, as the saying goes, is a contact sport. It may therefore come as a surprise to learn that a number of professional football players have sued the National Football League and helmet manufacturer Riddell over concussions suffered during games. In all, 125 former players have filed suit in at least five separate complaints, alleging that the NFL failed to properly warn players of the risks of head injuries and to provide support for retired players. Concussions in sports, particularly professional football, have received heightened scrutiny recently in both the media and in Congress, with many statistics suggesting that the number of concussions has increased significantly.

A concussion is a common type of brain injury caused by an impact with the head making the brain collide with the inside of the skull. This can lead to both physical and cognitive symptoms, ranging from headache and dizziness to disorientation and attention deficits. A person who suffers from a concussion may not lose consciousness, and many concussions go undiagnosed because the injured person does not realize the injury’s severity. Multiple concussions over time can cause significant brain damage, including memory loss and dementia. The NFL began to pay serious attention to concussions in 2009, and in February 2011 it announced new guidelines to gauge whether an injured player should continue to play.

The lawsuits consist of a class action suit and three personal injury suits in California state court and a case in a federal court in Pennsylvania. The suits essentially allege that the NFL has a duty to inform players of all risks reasonably associated with their job duties and to support players injured in the course of their job duties. In this situation, the players’ “job duties” involve practicing for and playing football. Lawyers for the players say that they hope to use the lawsuits to improve safety standards for all players, to prevent future injuries, and to get compensation for the players’ injuries.

To prevail on their claim, the players would have to prove that the NFL had knowledge of risks inherent in the game not available to an ordinary prudent person, and that the players did not assume the risk of injury by agreeing to play the game. An argument in the players’ favor, perhaps, is that they did not have the ability to refuse to perform certain job functions, since these would occur in the middle of games and players are contractually obligated to play.

Continue reading "Players Sue NFL and Helmet Manufacturer over Head Injuries" »

A bike ride on the San Francisco peninsula during the 4th of July weekend turned disastrous for New York Times writer John Markoff when he crashed on a downhill at over 30 miles per hour. Paramedics took him to the hospital, where he found that he had a 20-minute gap in his memory surrounding the crash. He could not remember the circumstances of the crash at all, despite physical evidence such as road rash on his hands and a deep skid mark on his helmet.

Markoff relates the story of Ryan Sabga, a bike racer, who was hit by a car in Denver in 2010. The driver of the car claimed she did not think she had hit him, and police concluded that there was not enough evidence to issue a citation to the driver. Sabga was able to use data from the GPS device to establish where he was at the time of the accident, and to demonstrate exactly how the car hit him (including a spike in his heart rate at the moment of impact). Although police still did not want to pursue the case, this evidence was enough to get the driver’s insurance company to accept responsibility.

Markoff similarly used his GPS device to reconstruct his bike ride and figure out what had happened to him. Both Sabga and Markoff used a Garmin GPS device that recorded location, speed, and other information, and allowed the option of uploading data to a web service where it could be shared with other users.

Forbes columnist Kashmir Hill notes that an increasing number of people use devices like a Garmin GPS to record data about their daily lives and often share that information through social media. Widespread use of such technology is often known as “the Quantified Self” or “self-tracking.” While such recording and sharing can serve any number of useful purposes such as allowing support for fitness plans or tracking health conditions, it can also be useful for accident victims. This applies to accident victims who may use their own data, much like Markoff and Sabga, to determine what happened, or to those who may obtain data from another party to establish liability or challenge a conflicting description of an accident.

Social media information is the subject of a growing number of discovery requests in litigation. Courts, while often slow to adapt to new and quickly-changing technologies, are beginning to understand the importance and ubiquity of social media, and are allowing discovery of personal social media information that is relevant to the case at hand. Data collected by “self-tracking” technologies, particularly those shared on popular social media sites like Facebook and Twitter, are undoubtedly relevant in establishing the circumstances of an accident. This information can cut both ways. Information that could prove liability in a personal injury matter could also disprove a claimant’s account and clear a defendant of liability. Either way, this segment of social media technology, when used by people involved in accidents, is an invaluable fact-finding tool.

Continue reading "Social Media Technology Can Help Establish Liability in Accident Cases" »

The father of a 5-year-old student at Sidwell Friends School has filed a $10 million Washington DC injury lawsuit against the school. Arthur G. Newmyer claims that the defendant was negligent for failing to properly supervise a staff psychologist that was counseling his daughter and who ended up having an affair with her mother. Newmyer claims that as a result of the affair becoming known, he and his daughter, who is a kindergartener at the school, suffered severe emotional distress. Newmyer and his wife are separated.

In his DC personal injury complaint, Newmyer says that the school board fired psychologist James F. “Jack” Huntington after he told them the latter was sending sexually explicit emails to his wife. Tara Newmyer says that she and Arthur Newmyer were separated by the time she and Huntington became involved.

Suing for Emotional Distress
Emotional distress/undue emotional suffering is a type of injury that can result from someone else’s actions. For example, emotional distress can occur from losing someone you love in an accident or because you were wrongly diagnosed with a terminal illness by a physician. Sexual assault, false imprisonment, molestation, or watching someone you love get hurt in a collision can also result in emotional distress.

Sometimes, the emotional distress is a result of the alleged wrongdoer’s intentional or reckless infection. In other instances, the emotional distress is caused by the other party’s negligent actions or failure to act, which that resulted in someone suffering emotionally.

Sidwell Friends School sued for $10 million over alleged affair, Washington Post, May 12, 2011

Sidwell Friends Sued for $10 Million by Cuckolded Dad, Washingtonian, May 12, 2011

Related Web Resources:
Sidwell Friends

Read the complaint (PDF)

More Blog Posts:
Former Special Ed Student files Amended DC Personal Injury Lawsuit Against Teacher Who She Says Fathered Her Child, Washington DC Injury Lawyer Blog, April 30, 2011

Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”, Maryland Accident Law Blog, April 27, 2011

DC Injury Lawsuit Filed Against FBI Employee Over Hit-and-Run Car Accident, Washington DC Injury Lawyer Blog, April 6, 2011

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov

75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011

Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention

Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010

In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Continue reading "CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents" »

20-Year-old Ayanna Blue has filed an amended complaint to the Washington DC personal injury lawsuit she filed last year accusing Robert Weismiller, an ex-DC Public Schools teacher, of fathering her child. According to Blue’s civil attorney, several other females have also said that Weismiller also was inappropriate with them when they were in school. The allegations go back as for as two decades.

Blue used to study at Shadd Transition Academy, which is a school for kids with emotional and cognitive disabilities. She claims that staff at the high school suspected that Weismiller was having sex with her in his classroom but did nothing to stop the incidents, which went on for five months. Blue says that paternity test results show that there is a 99% probability that Weismiller is the father of her daughter, who was born on November 28, 2009. Blue’s lawyer has said that the District failed to protect the plaintiff from continuous exposure to a sexual predator. Weismiller, who was laid off, is no longer with the school.

Blue’s DC injury lawsuit contends that she continues to suffer financially and emotionally from her encounters with Weismiller. Her originally complaint requested compensation from him, DC schools, and Schools Chancellor Michelle A. Rhee.

A school can be held liable for Washington DC personal injury if negligence on part of staff or other school employees allowed a student to get hurt. School districts must make sure that “dangerous” persons are not allowed on the premise and that there are no hazards on the grounds that could cause personal injury.

Attorney says ex-DCPS teacher assaulted multiple students, The Washington Post, April 28, 2011

More Alleged Victims in Lawsuit Involving Sexual Relationship Between Former DC Teacher and Student, MyFoxDC, April 28, 2011

Related Web Resources:
Injury and Accident Overview, Justia

DC Public Schools

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

Psychiatrist Accused of Sexual Misconduct Has Settled Maryland Injury Lawsuits from Alleged Victims, Maryland Accident Law Blog, December 5, 2009

Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic, Washington DC Injury Lawsuit, June 19, 2008

Two Voice of America journalists have filed a Washington DC personal injury case against Joy Ellen Mullinax, who is an FBI employee. They claim that she struck them during a hit-and-run accident on March 23. The plaintiffs, William Greenback and Thomas Bagnall, are each seeking $1 million.

According to the men, on the morning of March 23, Mullinax pulled up behind them as Bagnall was unloading equipment from their SUV that was outside the National Press Club. Greenback was sitting in the driver’s seat.

In their DC car accident complaint, they claim that Mullinax yelled and blew her horn. When Bagnall told her to drive around them, she allegedly accelerated her vehicle, striking Bagnall. Greenback then got out of the SUV and yelled at her to stop. Mullinax allegedly moved her car toward Greenback, pinning him between her car and another vehicle, stepped on the gas again, and hit him with her auto. This caused him to land on the roof of her auto.

Witnesses say that Mullinax then drove up the street with Greenback still on her vehicle. Jeneer Beeber, another driver whose vehicle she also struck, confirmed the two men’s accounts of what happened. She called Mullinax’s alleged conduct an incident of road rage.

While DC police ticketed Mullinax for changing lanes without exercising caution, Bagnall and Greenback say she should have been charged with hitting a pedestrian, reckless driving and endangerment, and leaving the accident scene.

Aggressive Driving
According to AAA Foundation, aggressive driving kills at least 1500 people a year. This type of behavior can also cause injuries. Common examples of aggressive driving include people expressing their anger or hostility by speeding, tailgating, weaving-in-and-out of traffic, attempting to intimidate others with their vehicle by driving too close for comfort to the target of their aggression, improper and unsafe lane changes, and red light running. Some aggressive drivers can turn incredibly violent.

Lawsuit Filed Against FBI Employee for Accident, MyFox, April 5, 2011

Journalists accuse FBI employee of hit-and-run, Washington Examiner, April 4, 2011

Related Web Resources:
Aggressive Driving: Three Studies, AAA Foundation

National Highway Traffic Safety Administration

More Blog Posts:
Street Smart Program Aims to Prevent Washington DC Pedestrian and Bicycle Accidents, Washington DC Injury Lawyer Blog, March 30, 2011

DC Cop Injured While Investigating Fatal Hit-and-Run Accident on Key Bridge, Washington DC Injury Lawyer Blog, February 28, 2011

Mount Airy, Maryland, Man Found Not Guilty of Negligent Homicide in Fatal D.C. Pedestrian Accident, Maryland Car Accident Attorney Blog, March 13, 2011

Our Washington DC brain injury lawyers represent clients throughout the District and Maryland that have suffered head trauma in accidents caused by another party’s negligence, and we have seen the toll that living with a brain injury can have on the victim and his/her family. We join others this month, which is Brain Injury Awareness Month, to offer you more information about this potentially devastating injury.

Common causes of Washington DC TBI including fall accidents, traffic crashes, getting hit or striking a hard object or surface, and assaults. A person can also sustain a brain injury as a result of medical malpractice, lead poisoning, near drowning, an explosion, near suffocation or strangulation, or other accidents involving the head getting hit or the brain not receiving enough oxygen for way too long.

The Centers for Disease Control and Prevention says that for traumatic brain injuries alone, medical costs and indirect costs totaled about $60 billion in 200 in the US. At least 5.3 billion Americans will need extended or lifelong help performing daily tasks because of a TBI. In addition to physical impairments and health complications that can result, a brain injury can affect a person’s emotions, personality, and behavior, irrevocably altering that person’s life and the lives of their loved ones.

If you suspect that you or your loved one have a brain injury—even if it appears to a be a mild one, you should seek medical attention right away. The sooner you get treatment, the better—especially as sometimes, the symptoms for a serious head trauma may not show up immediately.

Related Web Resources:
Signs and Symptoms of Brain Injury (PDF)

Traumatic Brain Injury, CDC

Brain Injury Awareness Month March 2011, Brain Injury Association of America

More Blog Posts:
Many Brain Injury Patients Suffer from Pseudobulbar Affect, Says Survey, Washington DC Injury Lawyer Blog, January 6, 2011

$10 Million Washington DC Injuries to a Minor Settlement to Go to Boy Who Sustained Catastrophic Brain Damage During Foster Care Beating, Washington DC Injury Lawyer Blog, November 9, 2010

Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers, Maryland Accident Law Blog, January 23, 2010

Continue reading "DC Personal Injury Accidents are a Common Cause of Brain Injury" »

Rep. Dennis Kucinich, (D-Ohio) and Restaurant Associates, which runs the congressional cafeteria, have reached a confidential settlement agreement over his Washington DC injury complaint. Kucinich had sued the cafeteria operator for $150,000 for the pain, loss of enjoyment and suffering he experienced after he split his tooth in half when biting into a sandwich wrap that had an unpitted olive in it.

Kucinich says his tooth became infected. He had six teeth replaced, underwent oral surgery, reported an adverse reaction to antibiotics, and had to get emergency medical help for a related intestinal obstruction. Now, the congressman and Restaurant Associates have resolved his case with a settlement that he says covers out of pocket costs for his three surgeries.

Food Lawsuits
Restaurants can be held liable if the food that they serve makes a customer sick or causes injury. Food poisoning, E.coli, foreign substances in food, foods that pose a choking hazard or cause tooth injury, and soups and beverages that are too hot that they can cause burn injuries can lead to Washington DC personal injury lawsuits against a restaurant and its owner.

Restaurant owners must make sure that their kitchens meet all safety and health regulations, all food is properly prepared, and no spoiled foods are served to customers. Failure to exercise these cares can lead to DC personal injury cases.

In Washington DC, you have three years to file such a lawsuit. This doesn’t mean that you should wait until the last minute to file. Your DC personal injury lawyer has a lot of work to do to make your case as solid as possible.

The tortured tale of Rep. Dennis Kucinich and his olive pit, The Washington Post, January 29, 2011

Rep. Dennis Kucinich files lawsuit over olive pit, USA Today, January 26, 2011

Related Web Resources:
Congressman Dennis Kucinich

Longworth Cafeteria, Yelp

According to the AAA Foundation for Traffic Safety, 17% of deadly US traffic crashes involved drowsy driving. Yet, according to its recent study, 41% of those surveyed admit to having driven while drowsy. The National Highway Traffic Safety Administration says that falling asleep while driving accounts for 1,550 deaths a year—not to mention over 100,000 traffic crashes and 71,000 injuries.

A drowsy driver that causes a traffic crash that results in injuries or death can be held liable for Washington DC personal injury or wrongful death. One major problem is that many people don’t realize that driving while drowsy can be as dangerous as driving while drunk. Blurred vision, slowed reflexes, delayed reaction time, cloudy thinking, and the possibility of falling unconscious are symptoms that are used to describe both drunk drivers and drowsy drivers. Yet many people don’t realize the similarities and proceed to drive when exhausted.

Some of the AAA study’s findings:
• Drivers under the age of 25 are more likely than older drivers to fall asleep while driving.
• Women are less likely than men to fall asleep while operating a vehicle.
• Almost just as many people (approximately 26%) admitted to falling asleep between the hours of 12p and 5pm and the hours of 12a and 6a.

According to MySleepApnea.org:
• Although most people think they can tell when they are falling asleep, this is a myth. A drowsy driver can fall asleep, even if just for a few seconds, and not know it. Remember, it takes just a few seconds for a catastrophic Washington DC car accident to happen.

• Stimulants, such as coffee, cannot prevent you from nodding off if you are really tired.

• Even a safe driver can be a dangerous driver if he/she falls asleep while driving.

Study shows drowsy drivers behind the wheel, Los Angeles Times, November 7, 2010

Study examines toll of drowsy driving, The Washington Post, November 8, 2010

Drowsy Driving Report, AAA Foundation (PDF)

Related Web Resources:
Drowsy Driving, National Sleep Foundation

My Sleep Apnea

Maryland Accident Law Blog

Trucking Accident Lawyer Blog

Under this country’s judicial system, people injured due to another’s negligence have a limited time to file a negligence lawsuit against a person or corporation. The time limits are collectively known as ‘statutes of limitation.’ Many people may be aware of the laws from watching legal-themed television shows. One of the rationales behind imposing time limitations for the filing of a lawsuit is to allow the defendant’s preparation of a defense without evidence being lost due to the death of witnesses or the loss of other documents or materials that may support a defense to the case. Another reason for the time limits is to allow a defendant certainty and to avoid the defendant being sued so long after an event that such a process seems unfair.

Pursuant to D.C. Code § 12-309 states that a plaintiff cannot pursue a claim against the District of Columbia government unless the claimant gives notice to the Mayor’s Office within 180 days of the event. The notice must contain certain important pieces of information the District needs to determine its potential liability. If a person fails to provide this notice in a timely manner, he or she will most likely not be able to hold the District or its employees responsible for the harms and losses imposed.

The D.C. statutes of limitations highlight the importance of acting promptly when a person sustains injury due to another’s negligence.

Continue reading "In D.C., Personal Injury Cases Must be Brought Within Certain Deadlines " »

Washington Family Emergency Shelter managers admitted to DC Council members earlier this month that it had fired workers over their alleged sexual behavior with female residents. Families Forward, the nonprofit group that was contracted to run the shelter, admits that they made a mistake when they didn’t tell DC officials about complaints by residents that were related to such incidents.

According to DC Council member Tommy Wells, a number of residents had accused shelter workers of misconduct. One woman who arrived at the shelter on January 27 with her three daughters says she turned down the advances of one Fast Forward worker who not only invited her to a club but also told her she could spend the night at his residence. In her email to DC Mayor Adrian M. Fenty’s office, the woman said other residents were told that they would be given certain favors in exchange for sex. She reports that one resident had sex with a staff member because he promised to take care of her.

She also complained that when she and her daughters arrived at the shelter, they slept on “semi-inflated air mattresses, on the floor” like “3rd world refugees.”

The DC shelter has been under investigation since residents complained that 200 families were staying in space designed for 135. Residents also said that mildew was making them sick and some of them had to sleep in common rooms and hallways.

Matthew Salgado, who has been living in the shelter with his 20-year-old girlfriend and their 10-month-old baby, describes in the Washington Post how the overcrowding has lead to near-brawls and arguments and that the living conditions, which have included roaches and fruit flies, can be unsanitary. Another man, Maurice Jones, says that his 2-year-old son had to be treated at a hospital after he breathed in mildew and mold. City officials deny that there is mold or mildew in the showers.

Washington DC Personal Injury
If you or someone you love became ill because of unsanitary or dangerous conditions or was a victim of a violent act or a sexual crime that occurred on someone else’s property, a Washington DC injury law firm can tell you whether you have grounds for a DC premises liability case. Premise owners must make sure there are no hazards or hazardous people on a property that can cause injury or death to residents, patrons, or visitors.

D.C. Shelter Officials Admit Firings Over Sex, Drug Allegations, The Chronicle of Philanthropy, April 1, 2010

Former D.C. hospital crowded with homeless families, Washington Post, March 12, 2010

Related Web Resource:
Families Forward

According to police, school officials reported 220 incidents of teachers allegedly physically or verbally abusing students in an attempt to discipline them. Acts of corporal punishment allegedly included slapping, choking, shoving, and kicking. The Washington Post obtained information about these abuse allegations using the Freedom of Information Act.

There is no clear information as to whether teachers were disciplined or charged criminally for assaulting the students or if follow-up investigations ensued. However, according to Schools Chancellor Michelle A. Rhee, some of the teachers laid off last October had physically assaulted or had sexual relationships with students or missed 78 school days.

Under District law, teachers are allowed to use force against a student in order to defend others, as an act of self-defense, or to keep order. Principals are required to report any allegations of sexual misconduct or corporal punishment by teachers to a private security system, whose officers must then report the incidents to police.

Injuries to Minors
If you believe that your child was the victim of unnecessary use of force by a teacher or anyone else, you may be able to file a Washington DC injuries to minors claim on their behalf. Teachers are in a position of power when it comes to supervising their students. This does not mean that they can abuse that power by verbally abusing, molesting, or physically assaulting a student. Physical, mental, and emotional injuries may result that can damage the child.

School officials have a duty of care to ensure that students are not harmed while on the premise. Failure to remove any hazardous conditions or dangerous persons from the school grounds may be grounds for a Washington DC injury lawsuit if injuries result.

D.C. school officials reported 220 abuse allegations against teachers, The Washington Post, February 9, 2010

Related Web Resources:
Freedom of Information Act, USDOJ.gov

Washington DC Schools

DC Teachers Allegedly Abused Kids Hundreds of Times: Post, NBC Washington, February 9, 2010

Continue reading "220 Washington DC Abuse Allegations Against Teachers Reported during ’08 – ’09 Academic Year" »

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

Continue reading "Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic" »

A Washington D.C. television news team from 9NEWS NOW has found lead on a park fence at the Friendship Recreation Center Park located on Van Ness Street. The team took paint samples and sent it to the GPL Lab. The lab, located in Frederick, Maryland, also does tests for the Environmental Protection Agency (EPA).

GPL experts say that the paint consists of 9.3% lead, which is considered a high concentration in paint chips. GPL said that this probably makes the fence a hazard. Hundreds of children play in the park regularly and may be at risk of sustaining lead poisoning or have already been injured or become ill as a result of exposure to the lead on the paint. Any injuries or death could be grounds for a personal injury or wrongful death claim or lawsuit against any negligent parties.

Department of the Environment has sent a risk assessor to get more samples from the fence. He says that he wants to determine if other park fences in D.C. also contain lead paint.

Lead paint has been banned in the U.S. since 1978. However, there are homes and other properties that were built before that year that may still have lead paint.

Lead poisoning can occur if a child ingests small chips of paint. There have been cases of lead poisoning that have been reported where infants became injured or died after chewing or sucking on a surface, such as a toy, that had lead paint. More than 50% or kids residing in urban areas are exposed to lead. Over 4% of children have lead poisoning. It can take years before medical problems attributed to lead poisoning can appear in children.

Injuries in children from lead poisoning can include kidney disease, brain damage, and learning disabilities. Swallowing just a one-inch paint chip can result in permanent brain damage.

If you or your child is injured or ill because you were exposed to lead, an experienced personal injury attorney can investigate your case and file a claim against any negligent parties. Negligent parties in a lead poisoning injury case might include, paint manufacturers, contractors, painters, real estate sellers, landlords, real estate brokers, the city or municipal government, toy manufacturers, toy companies, plumbers, and others.

Lead Paint Found On DC Park Fence Where Hundreds Play, WUSA9.com, August 21, 2007

Who is to Blame for Childhood Lead Poisoning?, Lead-info.com

Related Web Resources:

Friendship Recreation Center, Department of Parks and Recreation

Kids and Lead Poisoning, Familydoctor.org

Child Lead Poisoning and the Lead Industry, Sueleadindustry.homestead.com

Continue reading "Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play" »

University Legal Services, Inc., an advocacy group for Washington D.C. children that have developmental disabilities, say that children at Riverside Hospital are in danger of “serious and persistent abuse and neglect.” City mental health officials will now begin to visit the hospital on a weekly basis to monitor the conditions there. Riverside Hospital treats youths up to 21 years of age.

The advocacy group’s report recounts incidents of physical violence (punching, slapping, choking, pushing) and verbal abuse by staff members and the use of physical restraints and seclusion to control patients’ behavior. Not enough supervision allegedly allowed teens to hurt themselves, steal bottles of medicine, and attack other patients. Treatment plans were supposedly not followed and living conditions at the facility were allegedly unsanitary and unhealthy.

Last December, one teen resident died at the hospital. The Department of Mental Health says the female teenager became ill last November and was sent to Georgetown University Hospital where she was placed on a ventilator. She was then taken by air to Inova Fairfax Hospital for cardiac surgery. She died the following month.

The department says that the hospital failed to order basic tests, document the teenager’s vital signs, tell a doctor that her condition was getting worse, or note down that she had a family history of heart disease.

Riverside hospital is a private, for-profit hospital.

When a person is seriously injured while staying at a hospital because of negligence on the part of any staff members, he or she may be eligible to file a personal injury claim or a medical malpractice lawsuit.

Doctors, nurses, and medical staff members are required by law to provide proper care to their patients—medically, emotionally and psychologically. If that care is abused or not properly given, the negligent party could be sued for negligence or malpractice—depending on the type of abuse or neglect that occurred.

Some causes for a personal injury lawsuit can include:

• Nursing home abuse
• Negligence
• Physical abuse
• Verbal abuse
• Neglect
• Sexual abuse
• Rape
• Financial abuse
• Wrongful diagnosis
• Failure to diagnose
• Failure to administer proper care
• Physician error
• Surgical error

Youth Hospital Faulted For Abuse, Washington Post, July 26, 2007

Related Web Resources:

Department of Mental Health, Washington D.C.

Riverside Hospital, Washington D.C., Hospital Data

University Legal Services

Continue reading " Children At Psychiatric Hospital in Washington D.C. Might Be In Danger of Injury and Abuse" »

Authorities say that two people were injured in Washington D.C. on Wednesday when fireworks that had been leftover from the big show on the National Mall went off. The injured persons are fireworks crew members. One of them was treated at the accident scene while the other worker has serious burn injuries.

In Vienna, Virgina, a D.C. suburb, seven people were hurt during the community’s fireworks exhibit. Five of the injured persons were children. Some of the fireworks had gone off and hit crowd members at an elementary school. The Fairfax County Fire Department says two of the victims sustained serious injuries.

In 2005, according to the National Fire Protection Association:

• U.S. hospital E.R’s treated 10,800 fireworks-related injuries
• Children ages 10 to 14 had the highest injury rates
• 19 out of 20 injuries were related to fireworks that consumers are legally allowed to use
• Fireworks is an extremely high-risk consumer product

The CDC’s Web site offers the following information about Fireworks-Related Injuries:

About 60% of all fireworks-related injuries in 2005 occurred between June 18 and July 18. During that time period:

• Fireworks-related injuries most frequently involved hands and fingers (31%), eyes (25%), and the head and face (20%) (Greene & Joholske 2006).

• More than half of the injuries were burns. Burns were the most common injury to all body parts except the eyes. In the eyes, contusions, lacerations and foreign bodies occurred more frequently (Greene & Joholske 2006).

• Fireworks can be associated with serious injuries such as blindness, third degree burns, and permanent scarring (Smith et al. 1996).

• Fireworks also cause life-threatening residential and motor vehicle fires (Greene & Joholske 2006).

• Between June 18 and July 18, 2005, Firecrackers (26%), sparklers (17%), and rockets (17%) accounted for most of the injuries seen in emergency departments (Greene & Joholske 2006).

• Sparklers were associated with more than half of the estimated injuries for children under five (Greene & Joholske 2006).

• Between 2000-2005, more than one third of the fireworks-related deaths involved professional devices that were illegally sold to consumers (CPSC 2006a).

If you or someone you love has injuries related to fireworks because another party acted negligently or carelessly, do not hesitate to call a personal injury law firm immediately.

Fireworks injuries in DC and suburbs, July 5, 2007

Fireworks, National Fire Protection Association

Fireworks-Related Injuries, Centers for Disease Control

Related Web Resources:

National Fire Protection Association

Continue reading "Two Fireworks Crew Members Injured In Washington D.C.’s National Mall After Forth of July Fireworks Show" »

A series of DC Metro subway accidents in the past year, including a subway derailment in downtown D.C. in early January that put 20 people in the hospital and left 60 people stranded in a tunnel, is causing federal safety officials to examine the country’s second busiest urban rail system.

In another Metro-related accident last year, two track workers were killed after being hit by a train. Two workers were also struck and killed by trains in May 2006 and October 2005. The National Transportation Safety Board is investigating the latest three accidents.

The DC Metro system, which began operating over 30 years ago, has close to 1,000 rail cars that travel through a more than 100-mile route, taking almost 700,000 people to jobs, their homes, meetings, and tourist sites.

Because of the recent accidental deaths among train workers, track workers are now only allowed to inspect the metro rails between 10 a.m. and 3.pm., when fewer trains are running. Trains are also being ordered to slow down to under 20mph as they approach track workers and cannot pass them unless the workers give them the signal to do so.

Some causes of train-related deaths and injuries:

· Train derailments
· Train crashes
· Faulty equipment
· Walking too close to the train tracks
· Work-related errors

Examples of train injuries: burn injuries, internal injuries, spinal cord injuries, and broken bones, brain injuries, and other injuries that are associated with motor vehicle-related accidents.

The personal injury law firm of Lebowitz and Mzhen represents clients who have been injured in accidents due to someone else’s negligence. We represent clients injured in motor vehicle accidents, boating accidents, products liability cases, medical malpractice cases, and other types of personal injury cases.

Continue reading "Recent Subway Accidents In D.C. Show An Aging Metro System" »

With all the holiday parties that take place at the end of the year, drunk driving incidents tend to occur more frequently—which can be especially dangerous if you live in one of the 15 U.S. states where at least 41% of all traffic fatalities can be attributed to drunk driving.

The End Needless Deaths on Our Roadways (END) group, an advocacy organization led by doctors, has just released its list of 15 U.S. states where the most traffic-related deaths occurred due to drinking. Washington D.C. topped this list, where drunk driving was a cause of 54.17% of vehicle-related deaths.

Who Else Made the List:
· Connecticut
· Hawaii
· Illinois
· Montana
· Rhode Island
· South Carolina
· South Dakota
· Texas
· Washington, D.C.
· Wisconsin
· Alaska
· Arizona
· Delaware
· North Dakota
· Washington

END says that in 2005, close to 17,000 motorists were killed in drunk driving accidents in the US with more than 4,000 of those fatalities taking place in these 15 states. Rankings were determined by data taken from the National Highway Traffic Safety Administration’s reporting system.

The CDC offers the following suggestions to prevent injuries due to impaired driving:

· Sobriety checkpoints. Fatal crashes thought to involve alcohol dropped a median of 22% (with random breath testing) and 23% (with selective breath testing) following implementation of sobriety checkpoints.

· 0.08% BAC laws. Fatal alcohol-related crashes showed a median decrease of 7% following the implementation of 0.08% BAC laws in 16 states.

· Minimum legal drinking age (MLDA) laws. Raising the MLDA, such as from 18 to 21, decreases crash-related outcomes a median of 16% for the targeted age groups.

· "Zero tolerance" laws for young drivers. One study found that fatal crash outcomes decreased 24% after implementation of “zero tolerance” laws (Elder et al. 2002, Howat et al. 2004, Shults et al. 2001, Shults et al. 2002).

END is recommending that medical workers and physicians work harder to identify whether patients have drinking problems. The group also suggested that states increase fines and prison times for DUI offenders, while also penalizing motorists who refuse to be tested for sobriety.

Utah, which has the strictest drinking laws in the U.S., has the lowest alcohol-related deaths rate at 13.12%.

Continue reading "On "Deadliest Drunk Driving States" List, Washington D.C. Ranks #1" »