Washington DC Injury Lawyer Blog

Recovering Damages After Injury at Washington D.C Museum or Monument

December 10, 2021 | Lebowitz & Mzhen

Many consider Washington D.C. “America’s Front Yard”, as the nation’s capital is home to many iconic memorials and museums. Every year, millions of people visit Washington D.C. to commemorate legacies, make their voices heard, and learn about our nation’s history. The vast amount of visitors at monuments and museums often leads to heavy vehicle and foot traffic. Although these institutions take steps to prevent injuries, the measures do not always address the extent of hazards and dangers that these places pose to guests, visitors, and employees.

Generally, property owners owe their visitors, guests, and employees a duty to keep their premises safe from dangers. However, the duty varies depending on the status of the business, the classification of the guest, and circumstances surrounding the injuries. The challenges only heighten when the injury occurs at a government building or property. Some common places where a Washington D.C. injury may occur include:

Supreme Court
Library of Congress
National Monument
U.S. Capitol
National Museum of the American Indian
Hirshhorn Museum & Sculpture Garden
National Museum of African Art
National Air & Space Museum

Third-Party Claims After Washington D.C. Workplace Accidents

November 30, 2021 | Lebowitz & Mzhen

When a worker suffers injuries at work or during a work-related event, they may collect damages for their injuries. The workers’ compensation framework often limits an injury victim’s ability to file a claim against their employer. Unlike Washington D.C. personal injury claims, workers’ compensation law does not require the claimant to establish their employer’s fault. However, recovery through the workers’ compensation program may not cover the extent of a worker’s losses. An attorney can help injury victims determine whether a third-party lawsuit provides a viable route to relief in those situations.

Third-party liability refers to situations where an entity separate from the employer causes a workplace incident. In most situations, a victim cannot file a third-party lawsuit against a supervisor or worker. However, these claims may be appropriate in cases such as those involving:

Manufacturing defects;
Negligent drivers who cause car accidents to a worker on the job; or
Visitors who cause injuries to the employee.

Accident in Adams Morgan Neighborhood of Washington, D.C. Causes Pedestrian’s Death

November 24, 2021 | Lebowitz & Mzhen

Pedestrian accidents can occur for many reasons: the driver’s impaired vision, lack of focus, or even taking substances while driving. When someone is hurt—or worse, killed—in a pedestrian accident, the police will investigate the incident and determine whether or not to bring criminal charges against the driver. Regardless of this decision, individuals may still want to bring a civil lawsuit against the driver. However, there are important distinctions between a criminal case and a civil, wrongful death lawsuit when someone has been killed in a pedestrian accident in Washington, D.C.

Recently in the Adams Morgan neighborhood of Northwest D.C., a woman was hit and killed while crossing the street. According to a local news report, the 24-year-old was crossing a road when she was struck and became trapped under the vehicle. While she was pulled from underneath the car and rushed to the local hospital, she passed away. Police are still investigating the incident, and it is unclear at this time whether the driver of the vehicle will face charges.

In accidents like the one described above, a personal representative of a person killed in a pedestrian accident can bring a lawsuit against the responsible individual—even if criminal charges are not filed. Although there are many similarities between a wrongful death lawsuit and a criminal case stemming from the same accident, there are critical differences individuals should be aware of.

Astroworld Tragedy Could Have Implications for Washington, D.C. Residents

November 19, 2021 | Lebowitz & Mzhen

When the news involving Astroworld, a two-day music festival in Houston, broke out earlier this month, people all over the country were shocked to hear that at least eight people had been killed in the tragic incident. In Washington, D.C., music festivals, concerts, and events of similar size take place each year and bring crowds that could involve thousands of people. In the event that crowd control or event planning safety protocols fail and you are injured, understanding how you may recover and protect yourself is crucial.

Based on a recent report of the incident, at least eight people were killed and dozens were injured during Astroworld. According to initial reports, a large crowd began pushing toward the front of the stage during artist Travis Scott’s performance, and the true cause of the surge remains under investigation. There were more than 50,000 people assembled at the festival when the injuries took place. Local authorities noted that the Astroworld tragedy was one of the deadliest crowd control disasters in the United States since potentially 1979, where a similar situation in Cincinnati left 11 people dead.

Despite various reports of chaos near the stage and videos showing the crowd pleading for help, concert organizers opted to not shut down the event too quickly. Nearly 40 minutes after city officials reported that the “mass casualty event” began did concert organizers stop the event—only thirty minutes earlier than planned.

Black Box Warnings on Dangerous Products

November 11, 2021 | Lebowitz & Mzhen

The U.S Food and Drug Administration (FDA) works to protect public health and promote public safety by ensuring the efficacy and safety of human and veterinary products and medical devices. The FDA approves drugs after determining that the benefits outweigh the risks; however, in some cases, the full extent of the risks does not become apparent until after many years of consumer use. While warnings may limit the amount of liability, a manufacturer has, those who have suffered injuries because of an unsafe product should contact a Washington D.C. product liability attorney.

The FDA must provide pre-clinical data to establish that the products have been tested on laboratory animals before moving on to the new drug approval process. Drug companies must report any adverse side effects, especially those that can cause life-threatening injuries such as hospitalization or congenital disabilities. Further, the FDA provides varying information and warnings to consumers ranging from medication guides, consumer medication information, nonprescription drug facts, and boxed warnings. Boxed warnings tend to follow post-market surveillance, which includes evaluating FDA’s computerized database and MedWatch. In some cases, the FDA may recall or withdrawal a medication or device.

For instance, the FDA recently told manufacturers that they must warn patients of the risk of breast implants. According to a national news outlet, regulators placed the black box warnings and told companies that they could only sell the products to medical providers who review the risks with patients before surgery. In addition to the warnings, providers must allow patients to review a new checklist that advises patients of the various risks. The checklist identifies certain types of patients who are at an increased risk for illness after implant surgery. These patients include those who have autoimmune conditions or have undergone chemotherapy or radiation treatments.

Vision Zero Aims to Reduce Washington, D.C. Traffic Fatalities

October 31, 2021 | Lebowitz & Mzhen

Vision Zero is an initiative that aims to reduce Washington DC traffic fatalities to zero by 2024. The initiative is a part of the US Department of Transportation’s Mayor’s Challenge for Safer People and Safer Streets. The program is in response to the harrowing number of Washington DC traffic injuries and deaths. Vision Zero’s comprehensive plan includes:

Improving pedestrian and bicycling safety by promoting practical actions;
Encouraging local leaders to take safety actions;

Bringing a Lawsuit After a Washington, D.C. Pedestrian Accident

October 24, 2021 | Lebowitz & Mzhen

In cities such as Washington, D.C., walking to work and school is very common. Unfortunately, because of this, pedestrian accidents are also more prevalent. These devastating crashes occur when a driver hits a person walking, with injuries that can be extremely severe. When someone is injured or killed in a pedestrian accident in D.C., a lawsuit can be brought to financially compensate the victim for the accident. Below are statistics about pedestrian accidents, along with the basic information on bringing a personal injury lawsuit.

Recently in Washington, D.C., two children and their father were injured as they were walking to school on National Walk to School Day. The man and his children were walking when a driver attempted to turn and drove directly into them. All three pedestrians were severely injured: one of the children broke her leg, the other sustained major facial injuries, and the father suffered a broken ankle after being dragged by the car. D.C. police have not said yet whether the driver will be charged.

According to the Insurance Institute for Highway Safety, pedestrian motor vehicle crash deaths have increased by 51 percent over the last ten years. Additionally, these accidents account for 17 percent of all deaths from crashes. In 2019, over 6,000 pedestrians died in an accident involving a motor vehicle, and over seventy percent of pedestrians killed in 2019 were males.

Recovering After a Washington, D.C. Metro Accident

October 17, 2021 | Lebowitz & Mzhen

For many residents and regular commuters to Washington, D.C., public transportation is integral to getting to and from work, school, or across the city in general. Commuters, however, have a reasonable expectation of safety when they are on city trains or buses. When public transit unexpectedly fails and injuries occur, those who are responsible can be held accountable.

According to a recent local news report, a Metro train derailed on the Blue Line near the Arlington Cemetery station. Metro officials reported that the train, a 7000-series train that is one of Metro’s latest models, partially moved off the tracks. At the time of the incident, there were 300 to 400 people on the train and one person was transported to the hospital as a precaution after issues related to anxiety. Following the incident, the National Transportation Safety Board announced that it would send railroad accident investigators to look into what caused the incident. Service remains suspended between certain stations because of the ongoing investigation.

The Metrorail, which is operated by the Washington Metropolitan Area Transit Authority (WMATA), is the second busiest public transit system in the nation, with more than one million riders on the average weekday.

Unsafe Infant Products Can Have Fatal Consequences for Washington, D.C. Families

October 11, 2021 | Lebowitz & Mzhen

Throughout recent years baby and infant product manufacturers have recalled many of their products. Many of these recalls have come in response to a series of injuries and deaths related to their products. While no amount of money can repay families for their immense loss, Washington D.C. product liability claims may provide families with a way to address the financial cost of these injuries and losses.

Consumers who purchase products, especially products for their infants and children, rightfully assume that product manufacturers went through the appropriate safeguards to ensure that their products are appropriate for the public. However, in some cases, products bypass these safety checks and enter the consumer stream. These unsafe products may be defective or dangerous because of their design, manufacturing, or warnings.

In recent history, many prominent infant and children product manufacturers have recalled their products. For example, Boppy Co., a leading manufacturer of infant carriers and nursing pillows recalls over 3 million newborn loungers. The U.S. Consumer Product and Safety Commission (CPSC) recalled various infant loungers after the products were linked to eight deaths between 2015 and 2020. According to reports, the infants suffocated after being placed on their stomachs, sides, or back. While the company expressed its remorse for the deaths, they asserted that the products were not advertised as sleeping products, and they have a clear warning against using the product unsupervised. The CPSC stated that consumers should cease using the product and contact the company for a refund.

Wrongful Death and Personal Injury Claims After Washington, D.C Accident with a Police Vehicle

September 30, 2021 | Lebowitz & Mzhen

High-speed chases are an unfortunate yet common part of law enforcement duties in the United States. While these pursuits may be necessary, they also involve a significant amount of risk to anyone in the vicinity of the pursuit, such as the fleeing suspect, their passengers, pedestrians, bystanders, and other motorists. Although the essential purpose of a high-speed pursuit is to apprehend a fleeing suspect, officers should evaluate whether they can accomplish this apprehension by safer alternatives. The heavy flow of traffic and the number of bikers and pedestrians make high-speed police pursuits in Washington D.C. a dangerous prospect.

For instance, federal prosecutors in Washington D.C. recently charged an officer with various criminal charges following the death of a 20-year-old moped driver. According to one news source, police were pursuing the man because he rode his moped on a sidewalk without a helmet. The chase ensued into an alley, and when the man was exiting the narrow road, he slammed into another vehicle. Under Washington D.C. police regulations, officers cannot engage in a high-speed pursuit over minor traffic violations. The officers involved in the accident pleaded not guilty.

While the above report focuses on the criminal charges, these situations often elicit civil personal injury and wrongful death claims against law enforcement agencies. Unlike other types of accidents, those involve police cars typically involve complex governmental immunity laws. The Metropolitan Police Department police pursuit laws maintain that officers engaged in a pursuit must consider protecting human life and property. These officers must continually assess the conditions of the pursuit to determine whether to continue to stop the vehicle chase.