Washington DC Injury Lawyer Blog

Fisher Price “Rock ‘n Play” Puts Washington, D.C. Babies at Risk

June 12, 2019 | Lebowitz & Mzhen

Products that are made for young children and marketed to parents are assumed to be safe. However, that is not always the case. Each year, hundreds of Washington, D.C. product liability lawsuits are filed based on dangerous or defective products; many of these products are designed for children.

In April, the toy giant Fisher-Price issued a recall of its popular baby sleeper, the Rock ‘n Play, after there had been more than 30 reports of babies dying while using the sleeper. According to an article by the Washington Post, the Rock ‘n Play was created in 2009 in response to the common concern for many parents that their babies would not sleep through the night.

Unlike cribs, bassinets, and other baby sleepers, the Rock ‘n Play allows babies to lie at a 30-degree angle, which was believed to help infants sleep longer. In fact, the company advertised that, “Baby can sleep at a comfortable incline all night long!” However, according to the Washington Post, Fisher-Price developed the sleeper without any clinical research, based on what have now come to be faulty beliefs about babies and how they sleep.

The Element of Causation in Personal Injury Cases in Washington, D.C.

June 4, 2019 | Lebowitz & Mzhen

To successfully bring a Washington, D.C. personal injury case, a plaintiff must be able to prove not just that the defendant was negligent but also that the defendant’s negligence was the cause of their injuries. While the concept of causation may sound like a straightforward determination, in practice, the element can be exceedingly complex.

Causation can be broken down into two separate inquiries, the first being “but for” causation, or cause-in-fact. To satisfy the cause-in-fact element, the plaintiff must show that absent the defendant’s negligence, the accident would not have occurred. In most cases, cause-in-fact is not difficult to establish.

The second part of a causation inquiry is called proximate cause, or legal cause. Not only is proximate cause much more complicated, but it is also more challenging to prove. Proximate cause requires that a plaintiff prove that the defendant’s negligence and the plaintiff’s injuries are sufficiently related to say that the defendant’s actions were the legal cause of the plaintiff’s injuries.

Washington, D.C. Car Accidents Caused by Dangerous Roads

May 28, 2019 | Lebowitz & Mzhen

Anyone who has spent time driving around the District of Columbia will not be surprised to hear that poor road conditions and dangerously designed roads are among the common causes of Washington, D.C. car accidents. However, unlike other Washington, D.C. car accident claims, a plaintiff’s claim that a dangerous road contributed to a crash is not filed against another motorist, but against the government entity responsible for designing or maintaining the road.

Washington, D.C. defective road claims may be based on several theories, including:

dangerous design of a road;

Washington, D.C. Design Defect Product Liability Claims

May 21, 2019 | Lebowitz & Mzhen

When a product is released for sale to the general public, the manufacturer of the product is responsible for ensuring that the product is safe for its intended use and does not present an unreasonable risk of injury. If someone is injured due to a product that suffers from a design defect, the injury victim can file a Washington, D.C. product liability claim against the manufacturer.

Typically, Maryland product liability claims are brought under the theory of strict liability, meaning that an injury victim does not need to prove that the manufacturer was negligent; only that the defectively designed product caused their injuries. However, certain exceptions to this general rule exist. A recent case involving a rented Bobcat light-construction vehicle discusses one of the more common exceptions.

According to the court’s opinion, a man rented a Bobcat skid-steer loader from a rental agency. The machine was an open-framed vehicle that was used for light construction and demolition tasks that could be fitted with hundreds of attachments, depending on the intended use of the machine. A door-kit was one of these add-ons.

Punitive Damages in Washington, D.C. Personal Injury Cases

May 13, 2019 | Lebowitz & Mzhen

When someone is injured in a Washington, D.C. accident, they may decide to pursue a claim for compensation against the parties they believe to be responsible for their injuries. Depending on the nature of the accident and the extent of the victim’s injuries, there are several categories of damages that an injury victim can obtain.

The most common type of damages in a Washington, D.C. personal injury case are called compensatory damages. Compensatory damages awards are designed to put the plaintiff back into the position they were in before the accident which resulted in their injuries. There are two types of compensatory damages, economic and non-economic damages.

Economic damages refer to quantifiable expenses that were incurred (or will be incurred) as a result of the defendant’s negligence. Common types of compensatory economic damages are medical expenses and lost wages. Non-economic damages are damages that are not easily assigned a monetary value, such as pain and suffering.

Slip-and-Fall Accidents at Washington, D.C. Hotels

April 26, 2019 | Lebowitz & Mzhen

By some estimates, the District of Columbia gets nearly 19 million tourists per year. By and large, these visitors stay at hotels and homestays across the Maryland, Virginia, and D.C. region. Occasionally, a hotel or homeowner fails to take the necessary precautions to make the property safe for visitors, increasing the chance of an accident. When an overnight guest is injured due to the negligence of a hotel or homeowner, the property owner may be held liable through a Washington, D.C premises liability lawsuit.

It is important to keep in mind that many issues can come up in a Washington, D.C. premises liability case. A recent state appellate opinion illustrates a common issue that comes up in hotel slip-and-fall cases. Specifically, the case deals with whether the plaintiff’s evidence was sufficient to establish that the hazard he claimed caused his fall presented an “unreasonable risk” of harm.

According to the court’s opinion, the plaintiff was in town for a sporting event and stayed at the defendant hotel with a friend. While the plaintiff was taking a shower, he slipped and fell, hitting his head. The plaintiff briefly lost consciousness. The plaintiff took pictures of the tub after his fall, and two days later his wife reported the incident to the hotel.

Washington, D.C. Wrong-Way Car Accidents Claims Two Lives

April 17, 2019 | Lebowitz & Mzhen

Washington, D.C. is not an easy place to drive. With numerous highways, bridges, round-a-bouts and a somewhat complex system of mostly one-way streets, the District of Columbia can be difficult to navigate even for those who have lived in the city for years. At the same time, Washington, D.C. is a city that sees an extraordinary number of tourists, many of whom rent cars. These tourists are often unaccustomed to the District’s layout, and can pose a serious hazard when trying to navigate the city’s unfamiliar roads.

Earlier this month, a wrong-way accident on Interstate 295 claimed the lives of two people and injured three others. According to a local news report covering the tragic accident, the collision occurred around shortly before 3 a.m. when a vehicle traveling northbound in the southbound lanes of Interstate 295 collided head-on with a Mercedes Benz. The vehicle then also collided with a Toyota Corolla.

Evidently, shortly after the initial collision, a Chevrolet Suburban was approaching the accident in the southbound lanes of I-295. The driver swerved to avoid the collision ahead of him. While the driver avoided the vehicles that had just been involved in the collision, the driver lost control of the Suburban, which collided with a concrete barrier.

Where Should a Washington, D.C. Accident Victim File Their Case?

April 11, 2019 | Lebowitz & Mzhen

The ultimate question in a Washington, D.C. personal injury case is whether the defendant is liable for the plaintiff’s injuries; however, before a case even reaches a jury, countless other legal issues must be addressed. One issue that frequently comes up, but is often initially overlooked by accident victims, is where a Washington, D.C. personal injury case should be filed.

The general rule is that the plaintiff can file the case in whatever jurisdiction they choose. However, the court where the lawsuit is filed must have jurisdiction over the defendant; otherwise, the court will not have the legal authority to hear the case. In some personal injury cases, such as Washington, D.C. (the “District”) car accident cases, jurisdiction is easily established because the wrongful act occurred within the District. However, other types of cases, can present more complex scenarios. A recent case illustrates the concept of jurisdiction and why it is important where a claim is filed.

According to the court’s opinion, the plaintiff, who lived in Arkansas, traveled to Louisiana to attend a “tent sale” at a sporting goods store. While the plaintiff was shopping in the tent, she tripped and fell on a rug and broke her arm. The plaintiff filed a premises liability case against the store in her home state of Arkansas.

Washington, D.C. Council Member’s Car Involved in Hit-and-Run Accident

April 5, 2019 | Lebowitz & Mzhen

Earlier last month, a vehicle belonging to a D.C. Council Member was involved in a Washington, D.C. hit-and-run accident on Interstate 295, near Malcolm X Avenue SE. According to a local news report, the accident occurred just before midnight. An acquaintance of the Council Member was operating the vehicle, and the Council Member was not inside the car at the time of the accident.

Evidently, a BMW that was owned by the Council Member rear-ended a Toyota Camry that had three people inside. Initially, both vehicles came to a stop. However, from this point, each driver offers a different version of events.

The man who was rear-ended told police that the other driver provided him with two phone numbers and a name and then drove away. However, neither phone number was valid. The driver then called the police, who ran the name given by the other driver. Police could not find anyone who went by the name provided by the driver. The accident victim then showed police a photograph he took of the car’s license plate. Police later determined that the vehicle belonged to Council Member White.

Can a Landlord Be Held Liable in a Washington, D.C. Dog Bite Case?

March 26, 2019 | Lebowitz & Mzhen

One of the most important decisions any Washington, D.C. personal injury plaintiffs must make early on in the process is which parties to name as defendants in the lawsuit. Failing to name all potentially liable parties can have a disastrous effect on the plaintiff’s case for several reasons. First, a plaintiff typically only gets “one bite at the apple” and cannot file a second case based on the same allegations. Second, if a named defendant can convince the judge or jury that an unnamed party bore responsibility for the plaintiff’s injuries, the named defendant may escape liability entirely.

In Washington, D.C. dog bite cases, the owner of the animal that attacked the plaintiff should certainly be named as a defendant. However, depending on the surrounding circumstances, there may be additional parties, such as a landlord or property manager, who should be named. A recent case shows the type of analysis courts engage in when considering a dog-bite claim made against someone other than the animal’s owner.

The Facts of the Case

According to the court’s opinion, the plaintiff was out walking her two small dogs when two larger dogs began attacked her animals. The plaintiff tried to intervene, but one of the larger dogs knocked her down to the ground and started attacking her. A neighbor called the police, who shot and killed both of the large dogs. The plaintiff was airlifted to a nearby hospital with serious injuries.