Washington DC Injury Lawyer Blog

Congressional Report Reveals High Levels of Toxic Heavy Metals in Washington, D.C. Baby Food

February 10, 2021 | Lebowitz & Mzhen

A recent congressional report revealed that many baby foods sold in the Washington, D.C. area contain high levels of toxic heavy metals, including arsenic, lead, and cadmium. As one news source reported, investigators raised concern over the levels which surpassed levels allowed in products like bottled water. The report highlights the U.S. government’s lenient approach to oversight of the safety of baby food.

Exposure to heavy metals has been linked to behavioral impairments, brain damage, and death. Four companies, Nurture, Inc. (which sells HappyBABY), Beech-Nut, Gerber, and Hain Celestial Group (which sells Earth’s Best), provided information about their testing policies and results. Three other companies, Walmart (which sells Parent’s Choice brand), Sprout Organic Foods, and Campbell Soup Company (which makes Plum Organics brand), did not provide information regarding testing policies and results. Lawmakers raised concerns over the potentially higher levels contained in the products that did not provide the requested information.

Currently, the Food and Drug Administration does not set limits on heavy metal limits for baby foods, apart from arsenic levels in rice cereal. The levels of inorganic arsenic from two companies that tested such levels exceeded the levels set for infant rice cereal. Although heavy metals occur naturally in some vegetables in grains, the amounts may increase if manufacturers add other ingredients to the food, such as vitamin and mineral mixes.

Filing Deadlines in Washington, D.C. Personal Injury Cases

February 3, 2021 | Lebowitz & Mzhen

Knowing the applicable filing deadlines is essential in a Washington, D.C. personal injury lawsuit. Failure to abide by the deadlines will often result in a dismissal of one’s case, and in some circumstances, the case cannot be refiled. The statute of limitations refers to the deadline for filing certain types of claims after a cause of action accrues. In general, there is a three-year statute of limitations for Washington, D.C. personal injury cases and a two-year statute of limitations for wrongful death cases. The deadline may be able to be tolled, or extended, in some circumstances.

What Is a Statute of Repose?

A statute of repose is similar to the statute of limitations but is more strictly construed. It puts a fixed deadline on filing for certain claims. Some states have statutes of repose for personal injury claims—Washington, D.C. does not have a general statute of repose for such claims, though it does have statutes of repose for certain claims. For example, the District of Columbia has a statute of repose of ten years for damages to real property based on the defective or unsafe condition of an improvement to real property.

Washington, D.C. Bus Accident Kills One, Injures Several Others

January 27, 2021 | Lebowitz & Mzhen

Many people rely on public transportation to get around Washington, D.C., from getting to and from work, to visiting friends, stores, or museums. Public transportation is a great alternative to driving personal vehicles, as it is better for the environment and often more cost-effective. It can also help to reduce traffic, a common problem around the busy areas of Washington, D.C. While there are many benefits to riding public transportation, it is important to remember that Washington D.C. accidents can still happen when riding the bus or the subway. Like any form of transportation, there are always some risks involved, and accidents may occur, causing injuries or even death.

For example, just last week, there was an accident in Washington, D.C., involving a Metrobus and a car. According to a local news report covering the incident, the head-on collision occurred around midnight one night near Minnesota Avenue Northeast and Benning Road Northeast. A preliminary investigation revealed that the bus and the car, a Nissan Altima, were traveling in the opposite direction on Benning Road Northeast when the bus began making a left turn onto Minnesota Avenue Northeast. The Nissan Altima is reported to have swerved into the left lane and struck the bus head-on. The driver of the Nissan, a 24-year-old man, was taken to a local hospital where he later died. Two passengers in the Nissan were also taken to the hospital, but with non-life-threatening injuries. Officers who responded to the scene also reported that seven of the bus’s passengers were injured, although they were also non-life-threatening injuries. It is unclear what caused the Nissan to swerve, and the accident remains under investigation.

How Can Bus Accident Victims Obtain Money Damages to Cover Medical Expenses?

After accidents like these, Washington, D.C. residents may be able to recover through a personal injury lawsuit. But potential plaintiffs may have many questions about how to file one of these suits. For instance, who should the plaintiff even sue—who was legally responsible for the accident? And what is the first step of the process? What does the plaintiff need to prove to be successful, and what may they be able to recover? Questions like these can be complicated, and their answers can raise even more questions. That is why many Washington, D.C. plaintiffs who are injured in accidents decide to work with a personal injury attorney when filing their lawsuits. While an attorney is not strictly required, having someone to answer questions and handle the complicated requirements can relieve a lot of pressure and stress. An attorney can also increase an accident victim’s overall chance of success.

Suing a Food Company in Washington, D.C. After Sickness or Injury from Recalled Food

January 20, 2021 | Lebowitz & Mzhen

If anyone suffers an injury or sickness caused by a recalled food, they may be able to file a Washington, D.C. product liability claim to recover compensation. Recalls generally involve foods contaminated by various pathogens, such as E. coli or Salmonella. Food recalls can also occur due to a foreign object being present in the food. The Food and Drug Administration monitors the safety of most food products, while the U.S. Department of Agriculture Food Safety and Inspection Service is responsible for ensuring the safety of meat, poultry, and egg products.

Does Issuing a REcall Mean a Manufacturer is Automatically Liable for any Injuries?

No, a recall does not automatically establish that a defendant is liable, but it may serve as evidence in a product liability case. A court may not always allow such evidence, but even if it does, the plaintiff must still prove that the specific food that the plaintiff consumed was defective and that the defect caused the plaintiff’s injuries. Cases like this may require the testimony of an expert who can explain the link between the defect and the plaintiff’s symptoms and injuries. If there is evidence of a recall, that may help prove that the food the plaintiff purchase was contaminated. Testing may also be done in some situations to determine if the food was actually affected. Testing may also be done on the plaintiff to show whether certain pathogens were present in the plaintiff’s body.

Washington, D.C. Accidents Occurring in Hospitals During the COVID-19 Pandemic

January 13, 2021 | Lebowitz & Mzhen

The COVID-19 pandemic has dominated the headlines for the past year, and has affected Washington, D.C. residents just as it has affected the rest of the nation. Many Washington, D.C. residents have fallen ill or even died from COVID-19, and many families are mourning loved ones but are unable to gather in-person to celebrate their lives. But amidst all this, personal injury accidents are still occurring in Washington, D.C. and across the nation—some totally separate from COVID-19 and some as a result. Some of these accidents, occurring in overcrowded and understaffed hospitals, raise questions about hospitals’ legal duty to protect patients.

For example, take a recent accident that made national headlines. According to the New York Times, an 82-year-old man was being treated for COVID-19 at a hospital when he was bludgeoned to death with an oxygen tank by his roommate at the hospital, another COVID-19 patient. The men were sharing a two-person room, and the victim began to pray one morning, angering his 37-year-old roommate, who then struck him with an oxygen tank. He was pronounced dead the next morning. The roommate was arrested and charged with murder and elder abuse. Bail was set at $1 million.

This is not the first time someone has been killed in a hospital during the COVID-19 pandemic. Hospitals all across the country are overwhelmed, overcrowded, and understaffed, potentially setting the scene for incidents such as this. For example, the New York Times reports that in April of 2020, an 86-year-old woman died at a hospital when another patient shoved her for breaking social distancing guidelines.

Washington, D.C. Accidents Can Really Hurt Already Struggling Residents

January 6, 2021 | Lebowitz & Mzhen

Many Washington, D.C. residents are struggling financially during the COVID-19 pandemic. Many people lost their jobs, or have had their hours significantly cut, and are struggling to pay rent or buy groceries. This makes Washington, D.C. accidents that injure people and cause financial strain even more tragic, because they can cause significant damage to already struggling individuals and families. And many of these accidents are unexpected—happening out of nowhere—illustrating how someone’s life can change drastically in just one moment.

For example, consider a recent accident affecting a food truck. According to a local news article, the accident occurred around 9 PM one Saturday evening when a car suddenly approached the pizza stand at high speed and crashed into it. The owner, who was at the time packing a pizza to the side of the van, told officials he saw his stepson get thrown several feet from the impact of the collision. While the owner was not himself injured, his stepson unfortunately was. He suffered severe injuries and had to be rushed to the emergency room in serious condition. A second person was also badly hurt in the crash.

While injuries like this are already tragic on their own, this one is particularly tragic due to the family’s struggles during the pandemic. The owner said he and his family lost their jobs due to COVID-19 and poured all of their savings into setting up this pizza stand. Giving an interview to the local news, the owner said “I’m so sad because I lost everything. I worked so hard, so many years to save my money,” to try and run his own business, “but now it’s gone.” Community members are attempting to raise money to buy him a new trailer and repair the pizza oven, but the situation is still frustrating and upsetting for the family.

Filing a Washington, D.C. Wrongful Death Claim After a Tragic Accident

December 24, 2020 | Lebowitz & Mzhen

In the tragic event of the untimely death of a loved one in Washington, D.C., family members may be able to hold wrongful parties responsible through the filing of a wrongful death claim. Family members may be able to receive monetary compensation through a successful claim. Under the D.C. Code § 16-2701, a wrongful death is a death caused by the “wrongful act, neglect, or default of a person or corporation” that would have allowed the person to recover if death did not ensure.

The Wrongful Death Act is intended to provide a means for close relatives of the deceased to recover compensation from the wrongful actor because the relatives would have expected assistance from the deceased if he had survived. Beneficiaries can recover for losses due to the financial support the deceased would have likely provided if he had survived and for losses for the value of lost services such as education and advice support the deceased would have likely provided to the family members. Damages include reasonable expenses for the deceased’s “last illness” and the burial.

Who Can Bring a Washington D.C. Wrongful Death Lawsuit?

A wrongful death claim in Washington, D.C. must be filed by the estate’s personal representative on behalf of the deceased’s spouse or domestic partner. If no spouse or domestic partner exists, the next of kin can file suit, including children, parents, or siblings. A wrongful death claim is not derived from the deceased’s estate, but rather focuses on the losses suffered by family members. For that reason, a jury can allocate damages unequally among the beneficiaries in the suit. Damages are determined according to the unique damages suffered by the next of kin. Under Washington, D.C. law, a claim under D.C.’s Survival Act is a separate claim. A claim under the Survival Act allows recovery arising from personal injury to the decedent and which can be filed by the decedent’s representative. Generally, a wrongful death claim must be filed within two years of the death of the deceased.

What Evidence Is Relevant to a Claim for Pain and Suffering in Washington, D.C. Accident Cases?

December 17, 2020 | Lebowitz & Mzhen

When someone is killed in an accident, the law allows their family or estate to file a Washington, D.C. wrongful death lawsuit against the individual who caused their death—such as a negligent driver in a car crash. If successful, these lawsuits can result in damages to cover medical expenses, funeral and burial costs, and, importantly, pain and suffering experienced by the deceased before their death. Sometimes, there are questions about what evidence can be introduced to prove pain and suffering in this case.

For example, take a recent state appellate case. The facts of the case are undeniably tragic: a couple was driving along the highway when the defendant, in a pickup truck, crossed the median and hit them. The couple, husband and wife, both died as a result of the collision. Their three-year-old daughter, who was also in the vehicle, survived.

The deceased wife’s mother filed suit against the defendant. At trial, the jury awarded her $3 million. The defendant appealed, arguing that the trial court erred by admitting irrelevant evidence at trial. At trial, the issue to be decided was the deceased wife’s conscious pain and suffering. The plaintiffs presented evidence that she was pregnant at the time of the collision. When the collision happened, she was on the telephone with her mother, telling her about the appointment confirming her pregnancy. The mother, the plaintiff in this case, then heard her daughter scream, “oh my god, look at that,” and then heard her scream her husband’s name, followed by the crash itself. The court held that evidence regarding her state of mind—including the fact that she was pregnant—had relevance to her fright, shock, and mental suffering before the collision.

Holding Washington, D.C. Landlords Accountable for Defective Conditions

December 11, 2020 | Lebowitz & Mzhen

Although Washington, D.C. landlords are responsible for maintaining their properties, D.C. law generally allows landlords to relieve themselves of liability for negligence through an agreement between the landlord and the tenant. If the parties clearly agreed to release liability, the court will generally uphold the agreement. However, Washington, D.C. courts have made it clear that exculpatory clauses in agreements are only construed to limit liability for negligence if the language in the lease clarifies that it was the intended effect. However, an agreement will not be enforced in cases of gross negligence, willful acts, or fraud. In addition, the agreement must apply and be intended to apply to the premises in question.

Are Landlords Liable for Injuries on Rented Properties?

Under Washington, D.C. law, a landlord who has exclusive control of a building in which there are leased premises must exercise reasonable and ordinary care in managing that portion of the premises under the landlord’s exclusive control (such as a common hallway or bathroom). In the portions under the landlord’s exclusive control, the landlord is generally still liable for injuries because of a defective condition that the landlord fails to address.

Filing a Washington, D.C. Personal Injury Case After a Defective Product Recall

December 4, 2020 | Lebowitz & Mzhen

A product recall is not required for a viable Washington, D.C. product liability claim, just as a product recall does not automatically mean that a consumer has a viable Washington, D.C. product liability claim. However, if a product is recalled, it is a sign that a product is not safe. The U.S. Consumer Product Safety Commission (CPSC) investigates injuries associated with consumer products. The CPSC can issue a voluntary recall notice or a mandatory recall notice, depending on the nature of the defect.

What if a Recall Doesn't Cover a Victim's Injuries?

Although a consumer of a recalled product may be able to have the product refunded or replaced pursuant to a recall, the consumer must have been injured by the defective product in order to file a product liability claim. A plaintiff in a product liability case in Washington, D.C. must establish that the defendant manufacturer, distributor, or retailer is liable for the injuries caused by the defendant’s defective product. In a strict liability claim, this generally means proving that the seller was engaged in the business of selling the defective product, that the seller expected the product to reach the consumer, that the product was defective and unreasonably dangerous when it was sold, that the product was not substantially changed when it reached the consumer, and that the defect in the product caused the plaintiff’s injuries.

Crockpots Recalled After Burn Injuries

One company is recalling almost a million crockpots sold by various retailers after consumers reported burns after the lids on the crockpots blew off. According to one news source, around 100 consumers were burned after the lids blew off the crockpots while they were in use, spewing hot food and liquid. The crockpots were able to pressurize even though the lid was not fully locked, causing the lid to blow off while it was being used. There were 119 reports of lids detaching, causing a reported 99 injuries. Some consumers suffered serious injuries, including third-degree burns.