Washington DC Injury Lawyer Blog

District of Columbia Sued for Failing Disabled Nursing Home Patients

December 24, 2010 | Lebowitz & Mzhen

A class action complaint has been filed in federal court against the District of Columbia. The lawsuit contends that over 500 (possibly even up to 2,900 disabled) residents have been unnecessarily institutionalized against their own wishes because the city has failed to provide adequate community housing care alternatives. The lawsuit, filed by disability rights advocates, contends that the city is in violation of the Americans with Disabilities Act.

In 2007, the District was given a federal grant of over $26 million to move 1,100 disabled people and seniors from DC nursing homes. While 73 people have been transferred out of institutional settings, patients have not yet been transferred out of nursing homes. According to advocates, city agencies and nursing home staffs have failed to notify residents that they have other living options.

Nursing Home Negligence

Drop-Side Cribs No Longer Allowed, Rules CPSC

December 22, 2010 | Lebowitz & Mzhen

Consumer Product Safety Commission has voted to ban the manufacture and sale of drop-side cribs. Under the new government crib standards, which hadn’t been modified in almost three decades, all cribs must have fixed sides by June 2011. Hotels and daycare centers also have to get rid of any drop-side cribs that they have been using, which the CPSC estimates will affect about 935,000 drop-side cribs and could cost around $467.5 million. Some 43,303 inns and hotels and 59,555 day-care firms are expected to be impacted.

The new federal standards calls for better labeling on crib parts, tougher testing, which includes tests that mimic what its like to have an actual child in a crib, better mattress support, and sturdier crib hardware. While drop-sides have proved convenient for adults wanting to more easily reach their children that are in the crib, drop-side malfunctions, too big of a gap created between the drop side and the mattress, broken crib slats, and other defective crib parts have proven too dangerous.

The CPSC has recalled over nine million drop-side cribs since 2005 and over 11 million cribs since 2007. At least 32 child deaths have been linked to strangulation and suffocation accidents involving drop-side cribs. There have been other deaths linked to defective or faulty crib hardware.

Our Washington DC products liability lawyers are concerned over the number of injuries and deaths that continue to occur because of dangerous or defective products. Hopefully, the ban on drop-side cribs will reduce the injury and death rates of young children.

A few months ago, USA TODAY said that its analysis of data from CPSC found that prior to issuing crib recalls, 14 crib companies were named in over 900 incident reports involving drop-side crib-related deaths and injuries. Crib entrapment, strangulation, and suffocation are among the causes of serious crib injuries to a child. Fall accidents caused by a malfunctioning drop-side crib can also result in painful injuries.

Day Cares, Hotels Must Replace All Cribs on U.S. Safety Rules, Bloomberg/Businessweek, December 22, 2010
CPSC’s ban on drop-side cribs takes effect in June, USA Today, December 16, 2010
CPSC Approves Strong New Crib Safety Standards To Ensure a Safe Sleep for Babies and Toddlers, CPSC, December 17, 2010
Drop-side crib ban ‘a long time coming’, Sun-Times, December 16, 2010
Related Web Resources:

Consumer Product Safety Improvement Act of 2008 (PDF)

Product Recall Finder, BabyCenter

Washington DC Dog Bite Injuries Can Be Grounds for Personal Injury

December 18, 2010 | Lebowitz & Mzhen

According to a study by the Agency for Healthcare Research and Quality, almost twice has many people are being hospitalized for dog bite injuries now than 15 years ago. While 5,100 dog bite victims sought hospitalization in 1993, 9,500 dog bite victims were hospitalized in 2008.

This rise in dog bite victims requiring hospitalization is much greater than the growth in population. Also, per the study’s author, senior research scientist Anne Elixhauser, pet ownership only went up slightly for the same time period.

Also per the report:
• Approximately 866 dog bite victims a day sought emergency room care.
• 26 people/day were admitted.
• Almost half of those that were hospitalized were treated for infections to the tissue and skin.
• Over half required wound debridement, skin grafts, and other procedures.
• Seniors over the age of 65 and kids under age 5 were the ones most likely to require hospitalization for their dog bite injuries.

• The average cost for treatment was $18,200.

Washington DC Dog Bite Case

If you or someone you love has been injured in a Washington DC dog attack, it is a good idea to explore your legal options. In DC, dog owners must confine a dangerous dog to prevent the pet from escaping, and put up warnings that a dog, if dangerous, is on the premise. That said, it can be tough for a DC dog bite victim to obtain injury compensation, which is why it is so important that you consult with a professional.

Risks: Hospital Admissions for Dog Bites Are on the Rise, New York Times, December 10, 2010

Emergency Department Visits and Inpatient Stays Involving Dog Bites, 2008, AHRQ (PDF)

Related Web Resources:
Dog Bite/Attack, Maryland Accident Law Blog
Dog Bite Prevention, Centers for Disease Control and Prevention

NHTSA Employs “Drunk Driving. Over The Limit. Under Arrest” and “No Refusal” Strategy to Combat Washington DC Car Accidents

December 14, 2010 | Lebowitz & Mzhen

U.S. Transportation Secretary Ray LaHood announced this week that thousands of law enforcement agencies across the US will be combating drunk driving crashes during the holiday season through the annual “Drunk Driving. Over The Limit. Under Arrest” campaign. Some $7 million in advertising will run between December 15, 2010 and January 3, 2011 to promote the campaign.

According to the National Highway Traffic Safety Administration, there were 753 US drunk driver-related deaths in December 2009. In total for that year, there were 10,839 alcohol-related traffic fatalities with one of these deaths occurring every 48 minutes. 7,281 of the those who died were drivers with a BAC of .08 or greater. 2,891 of those who were killed were motor vehicle occupants. 667 were nonoccupants. Our Washington DC car crash lawyers have reported on these developments in the past.

In addition to the national holiday crackdown campaign, a number of states have adopted the “No Refusal” strategy, which lets law enforcement officers quickly get warrants for blood samples from suspected drunk drivers who exercise their right to not take a breathalyzer test. Secretary LaHood is encouraging other states to adopt this approach.

Beginning Friday in Washington DC, the Washington Regional Alcohol Program will offer free taxi rides (a $30 limit) to people who call 1-800-200-TAXI. Participants have to be age 21 or older and the free service is available between 10 p.m. and 6 a.m. weekly.

With the holiday season underway, people are likely to find themselves attending social and celebratory gatherings were alcohol is being served. During this time of the year, the last thing that anyone wants to have happen is to suffer serious injuries or lose a loved one in a Washington DC car accident because someone was driving while drunk.

U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010
Holiday crackdown on drunk driving, The Washington Post, December 13, 2010
Related Web Resources:

Alcohol-Impaired Driving, NHTSA (PDF)

40 Million in U.S. Driving Drunk or Drugged, US News, December 9, 2010

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Judge Refuses to Dismiss Washington DC Wrongful Death Lawsuit in Robert E. Wone Case

December 9, 2010 | Lebowitz & Mzhen

A judge has refused to grant the requests of the three defendants in the Washington DC wrongful death lawsuit filed by Robert E. Wone’s family. Wone, a 32-year-old DC lawyer, was stabbed to death while at the DuPont Circle house where Joseph Price, Victor Zaborsky, and Dylan Ward were living. All three men have been acquitted of criminal charges accusing them of covering up his murder. Wone’s widow Katherine, however, is still suing them for $20 million.

In the DC wrongful death complaint, which she filed in 2008, Katherine is accusing them of committing negligent, reckless, and intentional acts that led to her husband’s death, including a failure to act promptly to save his life. The three men have said that an unknown intruder entered their residence and killed Wone.

Attorneys for the three defendants had petitioned D.C. Superior Court Judge Brook Hedge to drop the civil suit on the grounds that the statute of limitations had passed. However, the judge did not agree with their claim. He noted that the most recent evidence was found in 2008 and was what prompted federal prosecutors to file the criminal charges against the men.

NHTSA Reports Increase in Drug Use Among Drivers Killed in US Traffic Crashes

November 30, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, post-mortem test results from between 2005 and 2009 reveal an increase in the level of drug involvement among drivers killed in US traffic crashes. This, however, the NHTSA is quick to qualify that this does not mean that the motorists tested were impaired at the time of death or that use of a drug caused the fatal collision.

Per NHTSA Data:
• 63% of the 21,798 drivers killed in 2009 were tested for drugs.
• 3,952 of these drivers tested positive for drugs.

• Over the last five years, US states have reported an increase in drug use among fatally injured drivers.

According to NHTSA Administrator David Strickland, this report is a warning that too many motorists in the US are driving with drugs in their system and not realizing that this is causing them to become a danger to themselves and others. The data is part of the traffic safety agency’s Fatality Analysis Reporting System (FARS). Our Washington DC injury lawyers want to remind you that if you or someone you love was injured in a car crash by a motorist who was under the influence of drugs or driving while drunk, you may have grounds for a civil case.

Drugged driving is dangerous driving. It doesn’t matter whether the driver is on medication prescribed by a doctor or taking an illegal drug. Depending on the type of drug used and the corresponding side effects, drugged driving can modify a motorist’s perception, attention, cognition, coordination, balance, and reaction time, which are all faculties that affect a driver’s ability to drive safely.

Unlike with alcohol, there is inadequate current technology for determining drug levels and the impairment that can result. There is also no legal limit to serve as a marker for when someone is considered legally impaired and under the influence of drugs. Different US states, however, have passed their own laws and programs for trying to determine whether someone is engaged in drugged driving.

Report is First Ever Analysis of Drug Involvement Among Deceased Drivers in Fatal Crashes, National Highway Traffic Safety Administration, November 30, 2010

Read the Report (PDF)

Related Web Resources:
What is Drugged Driving?, National Institute on Drugged Driving

Stop Drugged Driving

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Attorney Blog

Dangerous Toys Still Found on Store Shelves, Says PIRG

November 24, 2010 | Lebowitz & Mzhen

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.

• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010
Trouble in Toyland: This Year’s Dangerous Toys, Fox 8, November 23, 2010
WATCH’s 10 most dangerous toys, Boston.com
Related Web Resources:

Read PIRG’s Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

71-Year-Old Dies in Hit-and-Run Washington DC Pedestrian Accident

November 18, 2010 | Lebowitz & Mzhen

Police have charged Michael Glover with negligent homicide in the Washington DC pedestrian accident death of Duffie Claridy, a 71-year-old man who went for a walk but failed to return to his Southeast home.

Claridy, who suffered from Alzheimer’s disease, was found by the authorities on the 2900 block of South Capitol Street SW at almost 1 am on November 8.The elderly pedestrian had been fatally struck by a car that did not stop at the Washington DC traffic crash site.

To “hit and run” is against the law. A DC car accident victim or an injured pedestrian who might otherwise have been saved if medical help had been called right away could end up dying because a motorist involved opted to flee the crash site rather than call the police and/or an ambulance.

Elderly Pedestrians

According to the US Department of Transportation, the chances of dying from injuries sustained during a pedestrian accident goes up with the older the victim. Senior pedestrians, ages 65 and above, have a two to eight times greater chance of dying than do younger pedestrians. In 1994, 15% of pedestrians in the senior age group who were struck by a car died from his/her injuries—that’s 1,249 senior pedestrians. 6,850 elderly pedestrians sustained injuries.

Washington DC Wrongful Death

Losing someone you love is never easy—especially if in an accident or under other circumstances that could have been prevented were it not for the other party’s negligence or carelessness.

Michael Glover charged in the death of Duffie Claridy in Washington, DC, Oye Times, November 13, 2010
Police say man charged with in hit-and-run death of SE Washington resident, The Washington Post, November 12, 2010
Focusing on Senior Pedestrians, US DOT
Related Web Resources:
Elderly Pedestrians, WalkingInfo.org

District of Columbia DMV

Maryland Car Accident Attorney Blog

Pedestrian Accidents, Washington DC Injury Lawyer Blog

Washington DC Personal Injury: Drowsy Driving Accountable for 17% of US Traffic Crashes

November 16, 2010 | Lebowitz & Mzhen

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:

In D.C., Personal Injury Cases Must be Brought Within Certain Deadlines

November 15, 2010 | Lebowitz & Mzhen

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 § 12-301, a potential plaintiff must usually bring a negligence case within three years from the date of the incident. This means that a D.C. car accident case must be filed within three years after the date of the accident. If an automobile accident case is filed even a day late, the court will dismiss the action and leave the plaintiff unable to recover for his or her harms and losses.

In addition, special rules apply is if a person is harmed by the negligence of the District, or one of its employees.

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.