Premises Liability

Washington DC Fire at Apartment Building May Have Been Intentionally Set

September 30, 2010 | Lebowitz & Mzhen

The DC fire chief says that arson may have been a factor in the fire at a Northwest Washington apartment building. They are still investigating the cause of the blaze, which took place early Wednesday.

Four people were hospitalized with serious injuries, including a 2-year-old girl. Another fire victim, a 38-year-old male, died when he jumped from the fifth floor of the building to escape the fire. Several people were taken to the hospital for smoke inhalation and burn injuries. Up to 40 people were treated at the scene. The 63-unit apartment building, which was likely constructed in the mid-20th century, did not have a sprinkler system. Also, some 125 people have been displaced.

If you or someone you love sustained burn injuries in a fire or another accident that you believe was caused by another party’s negligent or careless actions, please call your Washington DC burn accident law firm to request your free case evaluation.

DC Metro Assault Crimes: Does WMATA Provide Adequate Security?

August 27, 2010 | Lebowitz & Mzhen

Two adult males say they were assaulted on a Green Line train that was going to Branch Avenue. Metro Police arrived at L’Enfant Plaza Station early Thursday following the alleged incident.

According to the Washington Post, one witness says that when the train arrived at the station and the doors opened, one man was on the ground. Another victim was being beaten by another man.

This assault incident comes just a few weeks after at least four people suffered injuries during a brawl involving 70 people that began in rail car and moved onto the platform at the L’Enfant Plaza Station on August 6. Metro Transit Police say the dispute occurred as young people boarded the train to abide by the 11pm youth curfew. Two juveniles were arrested.

It was just earlier this summer that several boys beat a teenager unconscious over a pair of Air Jordan shoes. The fight took place at Union Station.

With the school year about to kick off, more transit officers are expected to ride the DC Metro to keep a watch on students.

Washington DC Premises Liability

Property owners are supposed to ensure there is adequate security to prevent violent crimes from occurring on their premise. Failure to provide that security—especially when there has been a history of violent crimes—can be grounds for a Washington DC injury case. Additional security guards, regular security patrols, surveillance cameras, proper lighting, crowd control measures, and emergency alarm devices are just some examples of measures a property owner can take to make a premise safer for others.

2 men injured after late-night assault on Green Line train, The Washington Post, August 27, 2010
Youth Metro brawl leaves 5 in hospital, countless others injured, Examiner, August 9, 2010
3 Charged, 4 to Hospital, in 70-Person Brawl at L’Enfant Metro, ABC7, August 7, 2010
Related Web Resources:

Washington Metropolitan Transit Authority

Crime Statistics, WMATA
Premises Liability, Justia

Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool

July 12, 2010 | Lebowitz & Mzhen

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children’s National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.

• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
• Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours
6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010
Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010
Unintentional Drowning: Fact Sheet, CDC
Related Web Resources:

Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog

One Person Dead and One Injured in DC Metro Stabbing Incident

May 31, 2010 | Lebowitz & Mzhen

According to DC police, the man who was found fatally stabbed at the top of an escalator at the Congress Heights Station early Sunday has died. A second stab victim, who was found close to the underground station kiosk, was treated at a hospital and later released. Meantime, a third person that may have suffered a medical problem during the stabbing incidents also was taken to the hospital.

Police are trying to determine the motive behind the stabbings, which appear to have been related. It is possible that physical struggles took place in different spots at the station before the victims were left alone. DC police were called to the scene shortly before 3 am.

Washington DC Premises Liability

The owners of public and private properties are supposed to make sure that there is adequate security on a premise so that no one ends up becoming the victim of a robbery, sexual assault, or murder. Depending on the premise, property owners may want to make sure that there is:

• Adequate lighting
• Entrances and exits with locks, alarm systems, video cameras, or security guards
• Surveillance cameras

Even if the property owner had nothing to do with causing the actual crime, the failure to act to prevent such incidents from happening—especially if similar crimes were recently been committed on the premise or in the surrounding area—can be grounds for a Washington DC inadequate security lawsuit. You also may be able to sue the assailant for Washington DC personal injury.

1 killed, 1 wounded in stabbing; men are found at D.C. Metro station, The Washington Post, May 31, 2010
Inadequate Security, Justia
Metro

Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries

February 23, 2010 | Lebowitz & Mzhen

Washington DC slip and fall, step and fall, and trip and fall accidents can cause serious personal injuries that are painful and debilitating. While a fall accident at ground level may sound harmless enough, it can lead to traumatic brain injury, spinal cord injury, and even death.

The Centers for Disease Control and Prevention says that more than 17,000 people in the US die because of trip and fall and slip and fall accidents. 15% of work injuries also occur during these types of falls.

Property owners, including business owners, landlords, homeowners, and the owners of public properties, are supposed to make sure that there are no hazards on a premise that can cause a trip accident, a slip accident, or a fall accident. When failure to clean up the danger and/or to warn about the hazard results in an accident, the injured party may have grounds for filing a Washington DC slip and fall accident lawsuit.

Grounds for Washington DC Premises Liability Lawsuits?: Georgetown University Students Victimized in Series of Sexual Assault Crimes

September 7, 2009 | Lebowitz & Mzhen

In the last 18 months, at least 11 sexual assault crimes following a similar pattern have occurred in and around the Georgetown University campus. The sexual assault incidents generally involve an assailant entering through a female student’s unlocked window or door while she is asleep, getting into her bed, and groping her until she wakes up, screams, and the attacker runs off.

However, although the sexual assaults are following this pattern, the victims’ assailants do not appear to be the same person. White male, Middle Eastern male, and Hispanic male, short, tall, choppy, thin, and muscular build are among the descriptions that the women have given. The assailants also appear to belong to different age ranges.

Just last week, the beginning of the 2009-2010 academic school year, one student was sexually assaulted in her Georgetwon dorm room in Village A when her assailant entered her residence at around 4:30am last Tuesday.

Two Kids Suffer Burn Injuries in Washington DC Apartment Complex Playground

September 3, 2008 | Lebowitz & Mzhen

Two kids suffered burn injuries in Washington DC on Monday during a fire accident on a playground at the Columbia Heights Village Apartment Complex. Neighbors blame careless workers for leaving a can of gasoline at the playground.

Police say that a boy was playing with the can of gas when the fire started. A little girl sitting on a bench got burned and was later hospitalized. Neighbors say they called emergency crew members when they heard screaming.

According to The Burn Institute:

• Children younger than 5 are two times as likely as other people to die in a fire accident.
• Children are at highest risk of dying from their burn injuries.
• Playing with fire is the number one cause of death for very young children.

• 18-month old toddlers have been known to start serious fires.

Property owners and managers and those in charge of overseeing job sites, public events, public areas, and other premises frequented by kids, patrons, employees, visitors, and others are supposed to make sure that there are no unsafe conditions on a premise that can lead to serious injuries or deaths.

Common causes of fire injures to children younger than 15:

• Fireworks
• Ovens
• Curling irons
• Heaters
• Matches and lighters
• Hot liquids and hot foods
• Household appliances
• Defective electrical products
Kids Playing with Fire Leave Two Hurt in D.C., MyFoxDC.com, September 2, 2008
Burn Injury Fact Sheet, CT Safe Kids

Related Web Resources:

The Burn Institute

Fire Deaths and Injuries: Fact Sheet, CDC

Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic

June 19, 2008 | Lebowitz & Mzhen

A DC teenager, who was raped by a counselor at a Pennsylvania clinic in 2005, has filed a federal lawsuit suing Washington DC and nonprofit group KidsPeace Corporation for personal injury. The girl, who is a former ward of the city, had been consigned to the clinic, which is run by KidsPeace. In her lawsuit, the teenager says she was sent to the KidsPeace clinic despite reports of previous abuse incidents at the Pennsylvania site.

The plaintiff alleges that the city therefore plaid a role in allowing the brutal sexual assault incident to occur. KidsPeace counselor, Jerry McChristian, has admitted to raping the girl, and he pled guilty to institutional rape in 2006.

This is not the first report of children under welfare becoming the victims of abuse, and Washington DC has agreed to send less children to remote clinics. Just this month, a monitor appointed by the US Congress reported that children at a Florida clinic were being treated like “garbage.” DC officials only found out about the abuse through media reports. In 2007, schools Chancellor Michelle Rhee found out that several children under KidsPeace’s care had suffered broken arms while under “therapeutic restraint.” Rhee is no longer sending kids to KidsPeace clinics.

Sexual Assault Crimes and Negligent Security

If you were sexually assaulted on a premise, you may be able to hold the landlord, property owner, premise manager, or another party liable for the harm that you have suffered. Premise manager, owners, or any entities in charge are supposed to implement the proper safety measures to make sure that no physical or property crimes are committed so that visitors, patrons, patients, customers, and employees do not get hurt, assaulted, raped, robbed, or murdered while on a premise.

If there is has been a history of crimes committed on the premise or in the area, then the premise owner or manager must secure the property so that similar crimes cannot happen again. If you or your child has been placed under the care of a government entity, and you were injured because they were negligent in their hiring of staff or they failed to implement the proper safety/security measures, you may be able to sue the liable party or parties for personal injury.

Our Washington DC personal injury law firm can help you explore your legal options.

Teen sues D.C. for $10M, saying city put her in clinic where she was raped, Examiner.com, June 19, 2008
Ex-KidsPeace counselor admits to sex with teen, Isaccorp.org, July 20, 2006
Youth Counselor Sentenced in Sex Case, Action News, November 30, 2006

Related Web Resources:

KidsPeace lays off 79 employees, Mccall.com, October 20, 2007

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

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.