Washington DC Injury Lawyer Blog

Rep. Dennis Kucinich Settles Washington DC Personal Injury Lawsuit Over Sandwich

January 29, 2011 | Lebowitz & Mzhen

Rep. Dennis Kucinich, (D-Ohio) and Restaurant Associates, which runs the congressional cafeteria, have reached a confidential settlement agreement over his Washington DC injury complaint. Kucinich had sued the cafeteria operator for $150,000 for the pain, loss of enjoyment and suffering he experienced after he split his tooth in half when biting into a sandwich wrap that had an unpitted olive in it.

Kucinich says his tooth became infected. He had six teeth replaced, underwent oral surgery, reported an adverse reaction to antibiotics, and had to get emergency medical help for a related intestinal obstruction. Now, the congressman and Restaurant Associates have resolved his case with a settlement that he says covers out of pocket costs for his three surgeries.

Food Lawsuits

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.

Two Dead in Washington DC Car Accident

January 18, 2011 | Lebowitz & Mzhen

A DC car crash at Canal Road and Clark Place on Friday has left two people dead. The victims’ names are Radovan Volikic, 27, and Milos Milicevic, 31. Both are Rockland, Maryland residents.

According to DC police, Milicevic lost control of his 2001 Jaguar. The car ended up rotating and sliding across the roadway into oncoming traffic where it struck a 2007 Ford F-150 pickup truck. The truck’s passengers sustained non-threatening injuries.

According to police, icy roads may have been a contributing factor. Reportedly, a number of complaints have been made that the water running down from the hills can freeze over where Reservoir Road and Canal Road meet.

If you or someone you love was hurt in a Washington DC car accident because there was ice or snow on the road, there may be parties who should be held liable. While no one can stop snow from falling or water from turning into ice, there are steps that can be taken to prevent traffic crashes from happening, including:

• Posting warnings on icy roads
• Clearing snow from the street
• Applying road-safety treatments
• Removing debris from the road

The parties responsible for such tasks can be held liable if the failure to properly complete them contribute to causing traffic injuries or deaths. Also, if the other driver’s failure to drive safely according to weather and road conditions caused your auto accident, he or she can be held liable for Washington DC personal injury.

In other local accident news, last week a Washington DC 15-passenger van accident involving another car sent eight people to area hospitals. The DC traffic crash occurred last Tuesday in the 3rd street tunnel. The van was transporting special needs passengers.

Canal Road closed in NW DC, The Washington Post, January 14, 2011
Van Crashes In DC Tunnel; Several Injured, WUSA9, January 12, 2011
Related Web Resources:

District Department of Transportation

Safe Winter Driving, Road Trip America

Will The New NHTSA Rule Prevent Passenger Ejections During Washington DC Car Accidents?

January 13, 2011 | Lebowitz & Mzhen

The National Highway Transportation Safety Administration has a new rule that will hopefully help decrease the number of occupant ejections that occur in passenger vehicle crashes. U.S. Transportation Secretary Ray LaHood announced the final rule today. He said that the “new standard will help save lives and reduce injuries.”

Per the new rule, automakers must create a countermeasure for light passenger autos weighing less than 10,000 pounds that will keep the equivalent of an adult without a seat belt from moving over 4 inches past the side window opening during a traffic crash—especially during a rollover accident. The new standard applies to the side windows next to the first three rows of seats and to part of the cargo area behind rows one and two will start phasing in during 2013. All new vehicles will have to offer this ejection protection by 2018. NHTSA administrator David Strickland has said that once this standard is fully implemented, about 476 serious injuries and 374 fatalities will be prevented each year.

A person ejected from a vehicle during a Washington DC auto accident has a three times greater chance of dying than the person who was able to remain inside the vehicle. Partial ejections can also result in catastrophic injuries or wrongful death.

In some DC car accidents, a passenger is ejected from the vehicle because he/she was not using a seat belt. Still, other ejections happen because the seat belt malfunctioned, the vehicle’s roof was not well-structured, or the impact of the crash was so forceful that the person was inevitably thrown from the vehicle. There may be a negligent driver, car manufacturer, auto part manufacturer, or another liable party who can be held liable for Washington DC auto products liability.

Final rule aimed at reducing partial and complete vehicle ejections, NHTSA, January 13, 2011
Automakers face tough new rollover-crash rule, CNN, January 13, 2011
Related Web Resource:
Read More About the New Ejection Standard, NHTSA (PDF)

Many Brain Injury Patients Suffer from Pseudobulbar Affect, Says Survey

January 6, 2011 | Lebowitz & Mzhen

According to a survey released by the Brain Injury Association of America, about 80% of respondents suffer from a neurological condition called pseudobulbar affect. PBA is believed to occur when there is structural damage to the brain. It can cause involuntary crying or laughing outbursts especially during situations that are inappropriate.

Survey participants included brain injury patients and caregivers. Data showed that almost 80% of qualified respondents experienced episodes of PBA. About 48% reported being regularly affected by this condition. Only 7% were aware of the term pseudobulbar affect, which is a treatable medical condition that is separate from the brain injury and often under diagnosed. 67% reportedly suffer from PBA but have not been treated for it.

Caregivers and brain injury patients suffering PBA report that the condition has a negative impact on quality of life, affecting social activities, time with family, and work. PBA can also strain relationships, causing embarrassment for the person and their family, while offending others who may not be aware that the seemingly inappropriate reactions are not within the person’s control. More than a million people reportedly suffer from PBA.

Brain Injuries

If you believe that your Washington DC brain injury was caused by another party’s negligent or careless actions, you may have grounds for a DC personal injury case. Common causes of brain injuries include motor vehicle crashes, violent crimes, illness, getting struck or striking a hard objects, fall accidents, firearm injuries, athletic or recreational accidents, drowning accidents, surgical errors, electrical shock, construction accidents, strangulation or suffocation accidents, and exposure to toxic chemicals.

Living with a brain injury can be very challenging and expensive. Some brain injury patients may need 24-hour care. Still others may require the use of medical devices and specialized medical care to maintain a decent quality of life. The side effects from a brain injury can make it tough for the patient to live independently, hold down a job, tend to daily tasks, take part in regular activities, or maintain relationships.

New Brain Injury Association Survey Reveals Nearly 80 Percent of Respondents Suffer Added Burden of Neurologic Condition with Debilitating Social Impact, PR Newswire/Brain Injury Association of America, January 6, 2010
Related Web Resources:

Brain Injury Association of America

Pseudobulbar Affect

Traumatic Brain Injuries, Maryland Accident Law Blog

Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety

December 30, 2010 | Lebowitz & Mzhen

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their “Drunk Driving. Over The Limit. Under Arrest” campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season’s other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.

• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010
U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010
Underage drinkers a New Year’s hazard, Washington Examiner, December 30, 2010
Related Web Resources:
What to do after a car accident, MSN
Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident 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