Washington DC Injury Lawyer Blog

Father Sues Washington D.C. After His Daughter’s Decomposing Body is Found in Her Mother’s Home

April 14, 2008 | Lebowitz & Mzhen

Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.

Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.

He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.

Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.

According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.

Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.

D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.

In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.

Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children’s Deaths, Washington Post, April 5, 2008

Related Web Resource:

D.C. Woman: “Demons” Possessed Slain Girls, CBS News, January 11, 2008

Washington D.C. Cracks Down On 23 Landlords with Lawsuit for Code Violations Due To Poor Conditions on the Premises

April 8, 2008 | Lebowitz & Mzhen

The District is suing the 23 property owners of 71 rental buildings (46 rental homes and 25 apartment buildings) for “egregious” code violations. It is also demanding that 13 of the properties be declared “public nuisances” so that repairs are made immediately.

Washington D.C. Mayor Adrian M. Fenty says the lawsuit does not even name all of the egregious properties in the District. D.C. officials say that the lawsuit comes after years of trying to get landlords to improve the conditions on their properties through fines, requests, demands, and civil lawsuits filed by the DC Department of Consumer and Regulatory Affairs.

The owners of the 58 building that have not been placed in receivership reportedly have a history of refusing to make the necessary building repairs or secure the proper licenses to rent out their properties. The lawsuit is intended to force the owners into compliance.

Leaks, pest infestations, mold, and inadequate security are some of the conditions on a number of the premises that require repair or remedy. Because many of the tenants are poor and/or are immigrants, the the landlords may not feel as much pressure to make the necessary repairs. Other landlords reportedly allow the conditions on their properties to deteriorate so that their tenants are forced out due to “eviction by neglect” and the buildings can be rebuilt into upscale housing without violating any tenant conversion laws.

Unfortunately, poor and unsafe conditions on a rental property can pose a health and/or danger risk to tenants and their visitors. Inadequate security can lead to residents becoming the victims of crimes, including sexual assault, physical assault, murder, and robbery.

Not making the proper repairs on a property can lead to slip and fall accidents, electrocution accidents, fires, asbestos or lead paint hazards, and other premises liability-related accidents or dangers.

If you have been injured or someone you love has died on another person’s property because of the property owner’s negligence or carelessness, our Washington D.C. personal injury law firm would like to talk to you.

District Sues 23 Landlords for Code Violations, WashingtonPost.com, April 5, 2008
Premises Liability Overview, Justia

Related Web Resources:

Renter’s Rights and Responsibilities: The Basics, Virginia State University
Tips on Renting in the District of Columbia, Washington Post

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

September 20, 2007 | Lebowitz & Mzhen

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

Two Construction Workers are Seriously Injured in D.C. Construction Accident

August 22, 2007 | Lebowitz & Mzhen

Two men were injured while working at a construction site in Washington D.C. on Tuesday.

The construction workers were working about 30 feet under the ground on a building project in the downtown area when they were struck by a steal beam that they were lowering.

One of the workers was struck on the head. The other worker was hit on the back. Alan Etter, the DC Fire and EMS Spokesman says that the injuries are critical but not fatal.

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation is provided by employers for employees that are injured at work. A good personal injury attorney can make sure that you get the full range of benefits under the workers’ compensation package that you are entitled to.

By accepting benefits under workers’ compensation, you are waiving the right to sue your employer for personal injury. However, there may be other liable third parties involved, such as contractors, the manufacturers of defective construction tools or machinery, and building designers or architects.

An experienced personal injury attorney can examine the circumstances surrounding your construction injury and determine whether any other parties can be held financially and civilly responsible for your accident and recovery costs.

The Bureau of Labor Statistics says that in 2003:

• 155,420 construction accidents took place in the U.S.
• Out of every 10 construction workers, 1 person will get hurt on the job.
• The majority of the construction workers who were injured missed over 31 workdays.
• Defective construction materials and using construction tools/machinery are two of the most common causes of injuries at construction sites.

• The most common areas where construction workers are injured are their backs and trunks.

Two Men Injured in Construction Accident, NBC4.com, August 21, 2007
Bureau of Labor Statistics, U.S. Department of Labor

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

July 27, 2007 | Lebowitz & Mzhen

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

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

July 6, 2007 | Lebowitz & Mzhen

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

At Least 40 People are Injured in Washington D.C. After Female Driver Plows Her Car Through the Unifest Street Festival in Anacostia on Saturday

June 3, 2007 | Lebowitz & Mzhen

A 30-year-old woman has been preliminarily charged by Washington D.C. police with aggravated assault while armed, after the vehicle she was driving barreled through the Unifest church-sponsored festival last night. The term “armed” refers to the 1991 Volvo that she was driving. At least 40 people were injured in the car collision, and seven of the injured persons were children. Fortunately, there are no fatalities and nearly all of the injured persons have been released from hospitals.

As she was plowing her vehicle through the festival, people tried stopping her by throwing strollers and other debris in her path. The vehicle had been moving at about 70mph, and adults had to push children aside in attempt to keep them out of harm’s way.

The driver, Tonya Bell of Maryland, is in police custody and has been treated for an ankle injury. Many have wondered why she wasn’t apprehended after she was noticed driving erratically earlier. She had even collided with an unmarked police car just 20 minutes before the street festival accident occurred.

According to police, they had followed Bell’s car but were ordered to stop because her traffic violation did not pose a threat to the policemen’s safety. Toxicology reports are pending, and witnesses have reported seeing Bell laughing and smoking as she drove through the festival.

A 7-year-old girl who had been riding with Bell at the time of the incident has been taken into Child Protective Services. She was not injured during the accident.

D.C. Mayor Adrian Fenty is calling the incident one of the “worst serious traffic accidents…in the District of Columbia” history.

More charges against Bell, who struck two police officers (who where thrown off their motorcycles) when they drove in front of her, are pending. The two officers sustained minor injuries from the collision.

All Metro Bus Shelters in DC to Be Inspected After Glass Structure Falls and Leads to Injuries

May 24, 2007 | Lebowitz & Mzhen

In the wake of a bus shelter falling on waiting passengers on Macarthur Boulevard near Cathedral Avenue in Washington D.C., all metro bus shelters in the area are to undergo a safety inspection.

The accident happened earlier this month when a Metrobus ran into the shelter, shattering the structure that then fell on waiting passengers. One woman became trapped under the shelter’s metal roof and another woman was also injured. Both women were treated and released from a local hospital.

A Metro spokesperson says that one of the bus’s mirrors had hit the metal-framed shelter structure, causing the glass to shatter and the metal structure to fall.

A similar accident occurred in the exact spot last year where the shelter was then rebuilt. Local residents are concerned that the bus shelter was once again built too close to the road and have expressed worry that similar structures nearby were also built in unsafe locations.

The DDOT (District Department of Transportation), which maintains the shelters, and Metro have said they will investigate the accident together.

If you have been injured on public, private, or commercial property because of unsafe conditions, you may be able to file a personal injury claim and recover compensation for your pain and suffering.

Premises liability consists of claims arising from unsafe buildings, slip and fall accidents, falling objects, or any other unsafe conditions on a premise that leads to someone being injured.

If You Have Been Injured On Unsafe Premises

There are many factors and issues that can arise during a premise liability case, and a good personal injury attorney will know what questions to ask and how much damages can be claimed for your injury. An experienced personal injury lawyer will also know who can be held liable for your accident, especially if the property where you were injured is a public or commercial property—there may be more than one party that can be held responsible for your injury accident.

Bus accidents where the driver may be held liable for your injuries tend to be more complicated than car accident claims because so there are special rules and regulations governing bus drivers and their responsibility to keep the roads, passengers, and pedestrians safe. A personal injury lawyer who is familiar with these rules and regulations can skillfully handle the complexities of your bus injury claim for you.

In Washington D.C., A Recent Increase In Pedestrian Deaths

February 20, 2007 | Lebowitz & Mzhen

There have been reports of a recent rise in pedestrian deaths in the Washington D.C. area. While 17 pedestrians were killed on D.C. roads during all of 2006, four pedestrians were killed within one week alone in early February. By February 12, five pedestrians fatalities in D.C. had already been noted for 2007:

· Metropolitan Police say one pedestrian was killed on February 11 when he was hit by a Maryland man driving a 2004 Mitsubishi Endeavor. The victim appeared to be drunk and crossed the street outside the crosswalk.

· Another pedestrian, J’lin Tyler, a 6-year-old elementary school student, was killed after he ran into the street and was hit by a Jeep Cherokee on February 9.

· On February 7, a man went to the Third Street Tunnel entrance to help a driver whose tractor-trailer was too tall to go through the tunnel without guidance. As the driver put the truck into reverse, the man, who was directing the driver, moved into the way of a cement truck and was fatally struck.

· Another man, Gary Scott Phillips, was crossing New Hampshire Avenue, NW, on February 3 when a man riding a bicycle hit him. Phillips died as a result of the accident.

· On January 16, Carla Gonzales, 24, ran in front of a Metrobus, which struck and killed her on 16th Street NW.

In 2004, 10 pedestrians were killed in the Washington D.C. area. 16 pedestrians died in 2005.

Washington D.C. Mayor Adrian M. Fenty says that his administration is working on a Pedestrian Master Plan, which will identify the improvements that are necessary to the District’s crosswalks, sidewalks, refuge islands, and countdown signals.

While pedestrian error is a common cause of pedestrian injures and fatalities, driver error can also lead to pedestrians getting hurt or being killed on the road.

Examples of Common Driver Errors Leading To Pedestrian Injuries Or Deaths:

· Ignoring a crosswalk, the signal on a traffic light, or a pedestrian crossing sign
· Driving under the influence of alcohol or drugs
· Disregarding a traffic light or a pedestrian walk sign
· Not paying attention to a pedestrian that is crossing the road, whether or not they are in a designated crossing area
· Not paying attention while driving by a stopped school bus to see whether children might be preparing to cross the street or get off or on the bus

A pedestrian struck by a car, motorcycle, truck, SUV, or other kind of moving vehicle can sustain serious injuries and possibly even be killed in an accident. When a driver’s negligence leads to a pedestrian injury or death, the driver may be held liable for the injuries or wrongful death through a personal injury claim filed on behalf of the victim or their loved ones.

One Man Dies In Deadly Washington D.C. Car Crash, While A Maryland Driver Is Charged With Second-Degree Murder

February 16, 2007 | Lebowitz & Mzhen

Kadri Atalay, a 42-year-old man from Gaithersburg, Maryland, was charged with committing second-degree murder, after driving his Mercedes SUV on the wrong side of Wisconsin Avenue, NW, in Washington D.C. and hitting a Chrysler Sebring that was being driven by a 29-year-old DC man. The 29-year-old man was later declared dead at the Medstar trauma unit of the Washington Hospital Center.

Atalay is also being treated at the Washington Hospital Center for injuries that are non-life threatening. Preliminary reports say that speeding and driving under the influence of alcohol may have caused the collision. The speed limit on Wisconsin Avenue is 25 miles/hour.

Damages From Personal Injury and Wrongful Death Accidents

If you have a loved one who has been killed in a car accident due to someone else’s negligence, you may be able to file a wrongful death lawsuit. In Washington D.C., you have one year from the time of the accident to file a wrongful death claim. Unlike many states, the District of Columbia does not have a wrongful death cap for the amount of reward damages that may be brought.

Fatalities In Car Collisions

Every year, thousands of people in the United States are killed in car accidents. In 2003 alone, over 38,000 fatalities involving car accidents occurred on U.S. roads, killing 42,643 people. Fatal car crashes are a major cause of death for people 5-27 years of age. When these fatalities occur because someone else on the road was acting negligently or carelessly, the surviving family members of the person who has been killed have a right to be financially compensated for their suffering and loss. Over 5,000 pedestrians are also killed every year because of fatal car crashes.

Main Causes of Fatalities Occurring During Car Crashes:

· Speeding
· Driving under the influence
· Tiredness
· Recklessness
· Aggressive driving
· Not paying attention to roads or driving conditions
· Not wearing a safety belt or helmet
· Not stopping at red lights
· Faulty design of the vehicle
· Vehicle malfunction