Washington DC Injury Lawyer Blog

Contaminated Red Onions May Lead to Washington, D.C. Products’ Liability Suit

August 13, 2020 | Lebowitz & Mzhen

Onions are a staple in many foods that Washington, D.C. residents eat every day. However, currently, red onions are linked to a salmonella outbreak across the United States and Canada. This means that many foods involving onions—from onion rings to burgers and salads with onions on them—may be making people sick. The outbreak and affected onions may be involved in future Washington, D.C. product liability cases. Washington, D.C. residents should be aware of the concern and their legal rights if they fall ill.

According to a New York Times article covering the incident, more than 500 cases of salmonella and at least 75 hospitalizations have been reported in the U.S. and Canada. The cases are all thought to have come from red onions grown in California and transported across the two countries. In the U.S., there have been confirmed cases in at least 34 states. The majority of illnesses and hospitalizations are in the U.S. Salmonella is an illness that causes diarrhea, fever, and abdominal cramps, and can persist for four to seven days. Those who are older or have weak immune systems are more likely to develop severe cases, and may also experience high fever, headaches, or rashes.

The produce supplier thought to have supplied the contaminated red onions recalled red, yellow, white, and sweet onions as a result of the outbreak. Recalls are not easy—the onions have been sent to wholesalers, restaurants, and grocery stores all across North America. Health officials recommend that consumers throw away any onions (or food made with onions) supplied by Thomson—the distributor. If they are not sure where they got their onions, they are also encouraged to throw them away to be safe.

Washington, D.C. Nursing Home Staff and Residents Have an Increased Risk of Getting COVID-19

August 5, 2020 | Lebowitz & Mzhen

The rapidly spreading coronavirus (the virus) has highlighted the glaring issues that Americans face when they are medically fragile or experience poverty. Many of these individuals and their families have suffered serious health and financial tolls because of the virus. Although the virus has wrought havoc on people across the socioeconomic and health spectrum, those residing in Washington D.C. nursing homes, assisted-living facilities, prisons, and shelters have suffered at alarming rates. The disparity in the number of cases at these facilities may be due to many factors; however, one common denominator is the lack of effective personal protective equipment (PPE) for employees and residents. The government provides these industries with protection from lawsuits for negligence claims related to their conduct during the crisis; however, there are limitations to this protection.

Although the country understands that these companies seek to help individuals survive the crisis, some situations may warrant a lawsuit. For example, one national news source described the harrowing accounts of healthcare workers who received shipments of outdated, ineffective PPE during a critical time. According to reports, the Federal Emergency Management Agency (FEMA) provided some nursing homes with shipments of PPE; however, the shipments included loose gloves, masks made from underwear, and isolation gowns without openings. Regulators advised these facilities not to use the equipment, because they may present an infection-management risk. FEMA explained that the equipment met federal industry standards, but asked the private contractor to provide replacement equipment. They also claimed that the majority of their shipments were met without complaint.

Ineffective PPE, faulty medical devices, and unsafe drugs can take a devastating and potentially fatal toll on those that rely on the efficacy of these products. The Public Readiness and Emergency Preparedness Act (PREP Act), affords the manufacturers and suppliers of these products with broad protection against lawsuits. However, the entities evoking protection must be a covered business, supply covered countermeasure products, and be engage in covered activities.

Res Ipsa Loquitor in Washington, D.C.: Inferring Fault from the Fact that an Accident Occurred

July 28, 2020 | Lebowitz & Mzhen

In some personal injury cases, negligence may be obvious from the accident itself. In these situations, a plaintiff in a Washington, D.C. injury case may be able to invoke the doctrine of res ipsa loquitor. Res ipsa loquitor is a legal doctrine that applies in negligence cases where negligence is obvious from the occurrence itself. Under Washington, D.C. law, a plaintiff that invokes the doctrine is required to prove, 1.) the occurrence is one that normally does not occur in the absence of negligence; 2.) the occurrence was caused by an agent or instrument that was within the defendant’s control; and 3.) the plaintiff did not cause or contribute to the incident resulting in heir injuries.

Washington, D.C. courts have cautioned against the use of the doctrine. Courts have held that a plaintiff must show that negligence can be inferred based on matters of common knowledge or present an expert to explain that the accident generally did not occur in the absence of negligence. In a recent case, another state’s appeals court considered whether the doctrine absolved the plaintiff of proving that a defendant had notice of a dangerous condition after the plaintiff’s chair broke on a cruise ship.

The plaintiff in the noted case sat on a chair on a Carnival cruise ship and the chair collapsed. After she fell, she saw that a leg had fallen off the chair. At the medical center aboard the ship, they found her arm was not broken and she was given Tylenol, ice, and a sling. After the cruise, the plaintiff discovered that she was suffering from medial epicondylitis and ulnar neurapraxia, or tendinitis, and a nerve injury. The plaintiff filed suit against the cruise line, alleging in part that it had failed to inspect and maintain the cabin furniture. After a court dismissed her case, an appeals court considered whether the doctrine of res ipsa loquitor applied. The plaintiff argued that even if the cruise line did not have notice of the chair’s dangerous condition, it could still be held liable under the this doctrine.

The Dangers of Filing a Washington, D.C. Medical Malpractice Suit Too Late

July 21, 2020 | Lebowitz & Mzhen

When someone is injured in a Washington, D.C. accident, the District’s laws allow them to file a personal injury suit against whoever caused their injury. This is an important process that allows for many Washington, D.C. accident victims to recover financially for their injuries and losses and move on from an accident. However, it is critical that residents remember that they must bring a claim within a specified period. If they miss filing within this time, which is set by statute and called the statute of limitations, then they will have their suit barred permanently. This can be a harsh wakeup call for accident victims. Thus, anyone who believes they may have been the victim of medical malpractice should contact an attorney sooner rather than later to discuss their case.

For an example of how this works in an actual case, take a recent state supreme medical malpractice opinion. According to the court’s opinion, the plaintiff suffered from periodontal disease, and received allegedly negligent treatment from October 2011 through December 2012. The plaintiff claimed that his periodontist was negligent in treating him as she failed to adequately diagnose and treat his ailments, causing him extreme pain. Additionally, the plaintiff claimed that the periodontist then failed to give him complete medical records regarding his treatment. The plaintiff filed suit in October of 2015, and the periodontist filed a motion for summary judgment to have the lawsuit dropped based on the two-year statute of limitations.

In most medical malpractice cases, the statute of limitations begins to run not when the injury actually occurs, but when the victim actually finds out about it and discovers that there may be a claim. For example, if a doctor botches a surgery and causes long-term complications, the patient may be fine for several months before they suffer adverse effects and realize what has happened. That is when the statute of limitations might begin to run.

Are Washington, D.C. Landlords Required to Clear Snow and Ice?

July 14, 2020 | Lebowitz & Mzhen

In the District of Columbia, landowners have a general duty to exercise reasonable care to make the property reasonably safe. If a landlord has notice of a dangerous condition, including a hazardous accumulation of snow or ice, the landowner must exercise ordinary care under the circumstances to remove the dangerous condition. This means that a landlord may have a duty under Washington, D.C. premises liability law, to take feasible measures while a storm is still in progress. However, to hold a landlord responsible for their injuries, a plaintiff must show that the landlord knew or should have known about the dangerous condition, including the presence of snow or ice. This means that often, a landlord who does not know about a dangerous accumulation of snow or ice has a reasonable amount of time after the conclusion of a storm to remove the snow or ice.

Recently a state appellate court issued an opinion holding that a landlord was not be protected by the state’s continuing storm doctrine, because the landlord failed to prove that there was a continuing storm based on the weather at the time of the plaintiff’s fall. In that case, the plaintiff slipped and fell on an icy sidewalk outside of her apartment. She filed a lawsuit against her landlord, claiming that the landlord was negligent in failing to keep the path in a safe condition. The landlord argued the according to the continuing storm doctrine, he did not have time to remove or ameliorate the snow or ice at the time that the plaintiff fell.

Under the continuing storm doctrine, a landlord generally may wait until the end of a storm or a reasonable time thereafter to remove ice and snow from an outdoor walkway. The idea is that because of the changing conditions present during a storm, it is not practical or necessary to remove ice and snow. To establish that the continuing storm doctrine applies, there must be meaningful, ongoing accumulation of snow or ice. The court held that in this case, there was a factual dispute as to whether there was a continuing storm. The weather reports showed only trace amounts of precipitation throughout the day, and thus, there was no clear evidence that there was an ongoing accumulation of snow or ice. Therefore, the court held that the landlord failed to show it was entitled to judgment as a matter of law under the continuing storm doctrine.

When Can Washington, D.C. Workers Recover Through a Personal Injury Lawsuit?

July 7, 2020 | Lebowitz & Mzhen

Washington, D.C.’s Workers’ Compensation Act provides some degree of protection to many injured workers. However, the Act does not protect all workers, does not provide benefits to all family members, and limits the beneficiaries who are able to recover. Under section 32-1504 of the Workers’ Compensation Act (the Act), an employer’s liability under the Act is the exclusive liability of the employer. Thus, a workers’ compensation case may be an injured worker’s only way to recover damages from their employer. The idea is that an employee gives up the right to pursue a tort claim against an employer in exchange for an easier means of recovery through the workers’ compensation system. This means that, normally, claims must be brought first before the Office of Workers’ Compensation and will generally be resolved through the agency.

However, Washington, D.C. law allows an employee to pursue a claim against a third party if a third party, such as a contractor, causes the plaintiff’s injury. In addition, injuries that are intentionally inflicted upon an employee and intended by the employer fall outside of the Act.

A recent case before one state’s supreme court demonstrates the limitations of the intentional-injury exception to that state’s workers’ compensation act. In that case, the plaintiff’s husband worked at a trucking and warehousing company. One day, after working long hours, his rig ran off the highway and rolled over, killing the plaintiff’s husband. The plaintiff filed a claim arguing that her husband was killed because he was overworked by the employer.

What Happens When Washington, D.C. Residents Are Injured While on Vacation?

June 25, 2020 | Lebowitz & Mzhen

Many Washington, D.C. residents try to get away from their hectic and busy lives by planning a relaxing cruise vacation. These ships can travel all around the world and are generally a great way to unwind. However, just as in real life, accidents can happen on vacation. Sometimes a tragic incident can ruin a cruise and leave a plaintiff seriously injured. When this happens, Washington D.C. residents should remember that they may be able to file a personal injury lawsuit against the cruise line to recover for the harm they suffered.

Take for example a recent federal case against Carnival cruise lines. According to the court’s written opinion, the plaintiff was on vacation with her family aboard a Carnival cruise ship. Tragically, while on one of the decks of the boat, her three-year-old daughter fell off the deck onto the deck below, suffering head injuries. Eyewitness accounts report that the toddler was climbing the railing, although reports vary as to whether the toddler fell over or fell through the railing. The plaintiff sued Carnival cruise line, alleging negligence in the creation and maintenance of the guardrail.

Generally, to be successful in a personal injury claim, the plaintiff must prove three things: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant’s breach caused the accident or injury; and (4) that the plaintiff suffered actual harm as a result. The court in this case was focused on the first requirement—establishing the duty of care—because the defendant had filed a motion for summary judgment to dismiss the case, claiming that they did not have notice of the danger or hazard and thus had no duty to fix it.

Recovering from an Injury Caused by a Dangerous Product in Washington, D.C.

June 20, 2020 | Lebowitz & Mzhen

Summer is officially here, and soon, families will be heading to water parks where they can escape the heat, enjoy the water, and cool down for a few hours. Others with a taste for adventure may seek the excitement of a rollercoaster or a waterslide during their visit. These trips are usually filled with fond memories and amusement parks often do take the necessary precautions to adequately protect guests’ safety. However, when a preventable injury occurs, these parks can often be held accountable through a Washington, D.C. premises liability lawsuit. In addition, a recent case illustrates that amusement parks may also be liable for guest’s injuries under a product liability theory.

According to the recent opinion, a man brought a product liability claim against a water park after he was injured while going down a waterslide. The plaintiff had slipped from a sitting position on an inner tube and landed on his stomach. When the plaintiff splashed into the pool below, he hit his feet on the bottom of the pool, leaving him with a fractured pelvis and hip. Even though the plaintiff had ample evidence of his injury and the water park’s role in causing it, the trial court ruled against him in his product liability claim.

In front of the appellate court, the defense argued that their water park provided its guests with a service, and not a product, and thus the plaintiff’s product liability claim must fail. Because product liability claims can only apply to products and not services, the defense argued that patrons visit the water park to obtain a service involving the use of waterslides, rather than paying a fee to primarily use waterslides as a product.

Sovereign Immunity in Washington, D.C. Lawsuits Against Universities

June 11, 2020 | Lebowitz & Mzhen

Governmental immunity, historically referred to as sovereign immunity, is a legal theory that protects government personnel and agencies from civil lawsuits. The premise stems from the idea that governments would not be able to effectively function if they feared constant liability for all of their actions. However, to address the fundamental unfairness of this doctrine, many jurisdictions limit the amount of immunity that a governmental entity enjoys. These laws are generally referred to as “tort claims acts.” In Washington, D.C., individuals who believe they suffered damages because of the negligence of a government entity should contact an attorney to discuss their rights and remedies.

The U.S. Department of Education requires that teachers, principals, and other school administrators protect their students and provide them with appropriate educational environments. However, the law often protects these institutions from lawsuits. Additionally, lawsuits that can proceed often require plaintiffs to abide by burdensome filing and notice requirements.

Lawsuits against governments encompass many other complex issues. One issue is whether the potential defendant falls under the protected category. For instance, in some cases, a negligent university or college may enjoy governmental immunity protections, whereas another similar institution may not. This largely depends on the type of institution and the type of funding they receive from the government.

Challenging a Judgment as a Matter of Law in a Washington, D.C. Premises Liability Case

June 5, 2020 | Lebowitz & Mzhen

Defendants work hard to try to avoid liability when they face a lawsuit. One way in which defendants in Washington, D.C. premises liability cases may try to avoid liability is by filing a motion for judgment as a matter of law, or a directed verdict. These types of motions are routinely filed, as they provide a potential basis for an appeal if the case is not decided in the defendant’s favor.

One recent case illustrates a set of facts under which an appeals court found a directed verdict was not proper. In that case, the plaintiff had sued his apartment complex, alleging two counts of negligence and negligent repair after he slipped in a bathtub at his apartment. Before the plaintiff moved into the apartment, the owner had the unit inspected by the owner’s maintenance team. A week after he moved in, the plaintiff’s wife sent the apartment complex a list of items that needed to be addressed, including a bathtub that was draining slowly. A maintenance person came to address the bathtub issue, and noted afterward that it was working correctly. A month later, the plaintiff was taking a shower, and the water failed to drain properly, causing the water to rise over his feet. He slipped and fell, causing him to sustain a deep cut in his back that required hospitalization, stitches, and therapy. The plaintiff and his wife did not notice a problem with the bathtub drain between the service call and when the plaintiff slipped and fell.

The apartment complex filed a motion for a directed verdict, the trial court denied it, and a jury found in the plaintiff’s favor and attributed zero liability to him. The apartment complex appealed, arguing in part that the trial court should have directed a verdict in its favor. The appeals court disagreed. It found the issue of whether the apartment complex negligently repaired the bathtub drain, causing the bathtub to back up with water later, was an issue for the jury to decide. Taking the facts in the light most favorable to the plaintiff, the drain did clog again, and reasonable people could find that there was sufficient notice and negligent repair, and that the clogged drain caused him to injure himself.