Premises Liability

Washington DC Slip and Fall: An Injury Accident that May Be Grounds for a Lawsuit

July 5, 2011 | Lebowitz & Mzhen

Every year, thousands of people are hurt in slip and fall accidents. While this type of injury accident sounds simple and harmless enough—how dangerous can a simple slip accident while standing be? Our DC premises liability lawyers have seen enough slip and fall injuries to tell you that they can often be painful, debilitating, and costly.

A simple slip on liquid on the ground or a rough patch of ice or any other slippery item on a flat surface or staircase can lead to broken bones, displaced hips, back injuries, and in some cases, traumatic brain injury resulting in death. Whether or not you have grounds for a Washington DC slip and fall case will depend on where the accident happened, who owns the property where the accident occured, and whether there is a premise owner or another party who was responsible for making sure that this type of injury accident didn’t happen.

Usually, the property owner or someone must have cause the spill or other slip hazard, knew that there was a dangerous area but did nothing to remedy or repair it, or didn’t know about it but should have known about the slip danger because that is what a “reasonable” person taking care of the property would have done. Of course, each Washington DC slip and fall case is unique and the specifics of each accident, as well as how much evidence can be gathered, play a role in determining liability. Your case may even require the help of an experienced expert that knows how to prove exactly how your slip and fall accident happened.

Recovery from a slip and fall accident can take months, and for some people, permanent injury can result. An elderly person who shatters his/her hip may no longer be able to walk without the use of a cane or wheelchair. A teenager who strikes his/head against the pavement may die from a permanent brain injury. The sooner you have someone working on your case, the better your chances of obtaining the best outcome possible.

Related Web Resources:
Slip and Fall, Nolo
Slip and Fall, Justia

More Blog Posts:
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010
Woman Claims Maryland Fall Accident Left Her with a Russian Accent, Maryland Accident Law Blog, June 3, 2010
Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club, Maryland Accident Law Blog, May 13, 2008

Woman Dies in Washington DC Fall from W Hotel Rooftop

June 30, 2011 | Lebowitz & Mzhen

A woman was killed late Wednesday night when she fell from the rooftop patio of the W Hotel in Washington DC fall accident. According to witnesses, the victim, who had been drinking, climbed over the patio fence and dangled on an overhang before falling 10 stories.

The woman, who has been identified as 47-year-old Stephanie Huebner, landed on the sidewalk. She was pronounced dead at the DC injury site.

Authorities are claiming that Huber’s death was a suicide. However, the DC medical examiner’s office has still not ruled on her cause of death.

Obviously, at this time, the specifics of what happened are not known. Was Huebner’s death an accident or a suicide? Could the hotel have done anything to prevent the fatal from happening? Was the patio designed so that no one could easily fall or jump from there? Was Huebner really inebriated when she fell? Was she obviously under the influence, and if so, did hotel staff serve her liquor even though she appeared drunk? Was Huebner at fault in causing her death? Should someone be liable for her Washington DC fall accident?

Hotel Accidents

Hotels know that accidents can occur on their premises and it is important they make sure that the make sure that the appropriate safety measures in place to prevent such incidents from occurring. Examples of Washington DC hotel accidents that can result in injuries or wrongful death:

• Fires
• Sexual assault
• Pool or spa drownings
• Swimming accidents
• Slip and fall accidents
• Fall accidents from balconies, patios, roofs, or staircases
• Carbon monoxide poisoning
• Physical assault
• Food poisoning
• Step and fall accidents
• Trip and fall accidents
Woman falls to her death from rooftop of the W Hotel, Washington Post, June 28, 2011
Stephanie Huebner dies after fall from W Hotel roof, WJLA, June 29, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

W Hotels

More Blog Posts:
Washington DC Escalator Accident Injures 52-Year-Old Metro Rider, Washington DC Injury Lawyer Blog, April 28, 2011
Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute, Maryland Accident Law Blog, August 16, 2010
Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter, Maryland Accident Law Blog, February 21, 2008

Two Men Hospitalized Following DC Carbon Monoxide Poisoning Incident at Apartment Complex Parking Garage

June 18, 2011 | Lebowitz & Mzhen

According to the Washington Post, two men were rushed to the hospital after they were exposed to what appears to have been carbon monoxide while working in an apartment complex parking garage. Officials say that at the time of the accident, they had been operating pressure washers in an unvented area of the underground garage. High CO levels were also detected in other areas of the building.

Carbon Monoxide Poisoning

Exposure to excessive levels of CO poisoning can be deadly. This is why premise owners and managers may make sure that patrons, guests, residents, visitors, clients, or employees are not exposed to this colorless and odorless gas. If you or someone you love was injured from exposure to carbon monoxide poisoning, you should contact our DC personal injury lawyers today.

CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks

May 26, 2011 | Lebowitz & Mzhen

Just two days before the Memorial Day holiday weekend, the Consumer Product Safety Commission has recalled approximately 1 million pool and hot tub drain covers because they could pose drowning and entrapment hazard to children and adults. Hundreds of thousands of pools and hot tubs, both private and public, may be affected. CPSC chairwoman Inez Tenenbaum is asking for public pools that have been using the recalled drain covers to temporarily shut down operation until the drain cover can be inspected, repaired, and/or replaced. However, she did also say that not all of the recalled drain covers will need to be changed or fixed.

The recall was announced because the CPSC found that many of the drain covers, which were supposed to meet the safety regulations that were implemented in 2008, were certified by labs that applied faulty standards. As a result, some of the drains have inaccurate flow ratings.

Our DC injury lawyers are familiar with the serious injuries that can result from pool drain covers that don’t meet the safety standards mandated by 2008 law. The vacuum effect of some drains can be so powerful that without the proper covering, a swimmer can get suctioned to a drain and drown. In 2007, one 6-year-old girl’s intestines were partially sucked out by a swimming pool drain. She had to have transplants of the small bowel, liver, and pancreas, and she eventually died.

The pool and hot tub drains included in the recall were made by a number of companies: A & A Manufacturing, Color Match, AquaStar Pool Products, Hayward Pool Products, Custom Molded Products, Rising Dragon USA, Pentair Water Pool and Spa.

Drain cover recall could close thousands of pools, USA Today, May 26, 2011
Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers, ABC News, May 26, 2011
Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011
Related Web Resources:

Pool Safety

Virginia Graeme Baker Pool and Spa Safety Act

More Blog Posts:
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011
Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws, Maryland Accident Law Blog, July 9, 2007

CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents

May 4, 2011 | Lebowitz & Mzhen

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov
75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011
Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention
Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006
Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Washington DC Escalator Accident Injures 52-Year-Old Metro Rider

April 28, 2011 | Lebowitz & Mzhen

A female Metro passenger was injured last week in a Washington DC escalator accident. The woman suffered chin and knee injuries when she fell into an escalator access hatch at the Pentagon Station. At the time, the escalator was not moving. It had, however, been undergoing maintenance so that the workers could replace the step rollers.

The opening, which was at the top of an escalator, was about the size of a manhole. Officials say that that it should have been covered and barricaded. The injured woman was hospitalized for two days for her injuries.

Escalator Accidents

Escalator accidents can cause serious injuries. Just last month a 4-year-old boy was killed in an escalator accident. In another Washington DC escalator accident last February, several steps on one at the Foggy Bottom Metro Station bucked to pile atop each other, creating a three-foot-hold. One passenger lost her balance and fell backwards. Fortunately, she did not fall into the hole, as two other passengers helped pull her up. Last October, four people got hurt in a DC Metro escalator accident at L’Enfant Plaza station. Riders fell on top of each other after the brakes failed.

If faulty maintenance, elevator malfunction, or some other safety issue caused your escalator accident, you may be able to file a Washington DC personal injury lawsuit against the owner of the property where the elevator is located, the elevator manufacturer, and/or other liable parties. Other common causes of escalator accidents include improper installation, missing or loose parts, inadequate inspections, escalator parts defects, and clothing/hand/foot entrapment.

UPDATE: Metro rider falls into escalator hatch left open, Washington Examiner, April 28, 2011
L’Enfant Escalator Collapse, NBC Washington, February 26, 2011
Escalator Steps Collapse at DC Foggy Bottom Metro Station, MyFox DC, February 18, 2011
4-Year-Old Boy Killed in Escalator Accident, ABC7, March 14, 2011
Related Web Resources:

DC Metro

Danger on the escalator, CBS News, February 17, 2005
More Blog Posts:
Escalator Malfunction at DC Metro Station Injures Four, Washington DC Injury Lawyer Blog, October 14, 2011
DC Metro Assault Crimes: Does WMATA Provide Adequate Security?, Washington DC Injury Lawyer Blog, August 27, 2010
One Person Dead and One Injured in DC Metro Stabbing Incident, Washington DC Injury Lawyer Blog, May 31, 2010

Washington DC Playground Accidents are a Leading Cause of Injuries to Minors

April 19, 2011 | Lebowitz & Mzhen

With spring well under way, more kids are making their way back outdoors and onto playgrounds. Unfortunately, playground accidents are a leading cause of injuries to children in the 5-14 age group. SafeKids USA reports about 150,000 playground injuries a year result in ER visits, with injuries ranging from cuts, bruises, and scrapes to traumatic brain injuries, fractures, broken bones, dislocations, amputations, and other serious injuries. Approximately 10 playground fatalities occur in the US annually. Washington DC playground accident injuries can occur in public parks, private backyards, residential areas, daycare centers, on school grounds, and other premises where playground equipment has been set up for kids to use.

Common Causes of DC Playground Accidents:
• Inadequate supervision
• Defective or deteriorating playground equipment and rides
• Poorly designed playgrounds
• Inadequate maintenance
• Rust or sharp edges on equipment
• Inadequate protective surfacing that doesn’t provide a proper cushion in case of a fall
• Not enough space between equipment
• Trip hazards
• Playground equipment that is inappropriate or too advanced for the kids that are likely to use them
• Elevated surfaces that lack guardrails

Playground operators must make sure that their premise and the equipment on it are safe for use and that all precautions have been taken to decrease the chances of a DC playground accident. It is also the responsibility of playground equipment manufacturers to make sure that their products are safe for us.

Examples of Common Playground Accidents
• Falls from slides or jungle gyms
• Trip and fall accidents
• Burn injuries from equipment made of metal that can get hot
• Falls from swings
Playground Injuries, CDC
Playground Safety, Safekids
More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
Baltimore’s Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases, Maryland Accident Law Blog, April 11, 2011
Family of Girl Electrocuted at Druid Hill Park Softball Field Revisits Maryland Wrongful Death Lawsuit Against the City of Baltimore, Maryland Accident Law Blog, May 12, 2010

Falling Tree Causes Fatal Washington DC Car Accident

February 19, 2011 | Lebowitz & Mzhen

A tragic DC traffic crash last Wednesday evening has claimed the life of a 41-year-old man. Oswaldo Hernandez-Cruz, a roofer, and three friends were headed to a job where they would be clearing snow all night when the pickup truck they were riding was struck by a falling tree.

The vehicle was stuck in DC traffic when the tree collapsed. The other three people in the truck, a wife and husband and another man, also sustained injuries, as did two people riding in another car that the tree’s braches also struck. The DC injury accident occurred in the 1700 block of Military Road NW. Hernandez-Cruz leaves behind his wife and three children.

Falling Tree Accidents

Falling trees or even just their tree branches can cause serious injuries. In 2008, a woman, Kay Plyler, died when a tree fell on the car that she and her teen daughter were riding. In 2009, a jury awarded one man 1.7 million for injuries he suffered when a tree fell on the vehicle he and his wife were riding in 2006. Mieczyslaw Wisniewski sustained numerous injuries and neck fractures. In 2007, 49-year-old Michael Gandy died when a giant tree fell onto his van. His family filed a wrongful death lawsuit blaming the city for improperly cutting the trees roots and causing it to become unstable. There have also been tragic falling tree accidents involving a pedestrian or bystander injured or killed by a falling tree branch.

Property owners must make sure that trees on their premise are properly maintained. There may be more than one party who can/should be held liable for Washington DC personal injury.

Tree kills man in car waiting in bad traffic, The Washington Post, January 28, 2011
Settlement Reached In Wrongful Death Lawsuit, WSOCTV, December 7, 2009
Falling Tree, Lawyers and Settlements, February 27, 2008
Related Web Resource:
Premises Liability, Nolo
More Blog Posts:
Escalator Malfunction at DC Metro Station Injures Four, Washington DC Injury Lawyer Blog, October 31, 2010
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010

Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes

January 23, 2011 | Lebowitz & Mzhen

Just two weeks after 22-year-old Jared Lee Loughner stood outside a Safeway in Arizona, fatally shooting six people and injuring 13 others, including US Rep. Gabrielle Giffords, another shooter has shot dead two people and injured two others outside a Walmart store in the state of Washington. The two incidents are unrelated. Like everyone else in America, the thoughts and well wishes of our Washington DC injury lawyers are with the injured, the deceased, and their loved ones.

The latest tragic incident happened late today after three sheriff’s deputies arrived at the store to follow up on a bystander’s call that there was a suspicious looking person in the store. When deputies approached a man outside the store he tried to flee before turning around and shooting at them. The male shooter was eventually shot dead in the Walmart parking lot.

Two of the deputies were injured in the shooting. A young female, who CNN.com is reporting might have been a teenager, later died from her injuries. An investigation is underway to determine what happened.

Escalator Malfunction at DC Metro Station Injures Four

October 31, 2010 | Lebowitz & Mzhen

Four people were transported to the hospital on Saturday following a Washington DC escalator accident at the L’Enfant Plaza Metro station stop. Officials are trying to determine what happened.

The escalator injuries sustained by the victims are reportedly non-life threatening. However, according to MyFox.com, one person who was hurt says that 19 people reportedly ended up in a pile after they were thrown off the moving staircase when it suddenly accelerated out-of-control. Wtop.com quotes one witness as describing the incident as a “frightening carnival ride.” Another witness to the Washington DC injury accident noted the smell of “burning brakes.”
Escalator Accidents

Every day, hundreds of millions of people in this country ride escalators. In a 2005 CBS.com article, the news outlet reported that approximately 10,000 people a year end up in hospital emergency rooms because of escalator accidents. Some of these incidents have proven fatal.

Common causes of escalator accidents:
• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Elderly seniors and young children are at higher risk of injury than teens and adults of becoming involved in and getting hurt during an escalator accident. Fall accidents, trip and fall accidents, and hand and foot entrapment accidents are some examples of accidents that can occur on an escalator. Broken bones, head injuries, asphyxiation injuries (from the victim’s clothing getting stuck in the escalator), head injuries, serious hand and foot injuries, and wrongful death can occur.

Questions remain after Metro escalator accident, wtop, November 1, 2010
4 Hurt in Metro Escalator Accident, MyFoxDC, November 1, 2010
Related Web Resources:
Deaths and Injuries Involving Elevators and Escalators, ELCOSH.org
Escalator Injury Articles, Science Daily
Washington Metropolitan Area Transit Authority