Maryland Accident Law Blog

Maryland’s Court of Appeals issued a ruling in late October that strikes down a state law shielding rental property owners from liability to their tenants for lead paint exposure if those owners could show they took precautions to protect children from such exposure. The unanimous ruling held that the statute violated the Maryland Constitution by denying victims of lead paint poisoning their day in court. The court left the regulatory portions of the law in place.

Maryland enacted the law in question, the Reduction of Lead Risk in Housing Act, in 1994 as a compromise after lengthy negotiations between public health advocates and property owners. Lead paint poisoning had once been a huge problem for children in Maryland, particularly in Baltimore, but advocates of the law claim the rate of lead poisoning has decreased by 98 percent since the law passed. The law requires owners of rental properties built prior to 1950 to register with the Maryland Department of the Environment and to take steps to remediate lead content in their properties, such as by removing known lead-painted surfaces and removing lead dust. The Department of the Environment states that around 73,000 rental units are registered, nearly all built before 1950. Baltimore banned lead inside homes in 1950, and the rest of the state followed in 1978.

The troublesome portion of the law involves the liability of rental property owners to their tenants when exposure does occur. If a property owner has complied with the regulatory provisions of the law, their liability is limited to $17,000, which might cover the costs of relocating to a lead-free residence but does not compensate for injuries that can last a lifetime. Exposure to lead-based paint can cause severe injuries, including brain damage.

The lawsuit, Jackson v. Dackman Co., et al, sought damages for brain damage allegedly suffered by ZiTashia Jackson when she ingested lead-based paint while residing at two different addresses in Baltimore, both owned by the Dackman Company. According to the complaint, the lease did not note chipping or flaking paint or other similar hazards, but both were rampant in both apartments. The tenants allegedly complained to the landlord, but no repairs occurred. Since the property owners had registered with the state and undertaken remediation efforts, its liability was limited by the statute, cutting off the plaintiffs’ claims for negligence and deceptive trade practices. The defendants obtained summary judgment, the plaintiffs appealed, and the case made its way to the Court of Appeals.

Continue reading "Maryland Court Strikes Down State Lead Paint Law" »

A can of spray paint allegedly thrown into a campfire has led to burn injuries for a Maryland teen and reckless endangerment charges for two minors accused of throwing the can. The Maryland State Fire Marshal’s office reports that, on the night of Tuesday, October 25, two male minors tossed the can into a campfire in a wooded area of Bel Air. This caused the can to explode. A 13 year-old female standing near the fire allegedly suffered first-degree burns to both of her hands and first- and second-degree burns to her face.

The victim’s mother took the girl to the hospital for treatment and reported the incident to police on Wednesday. The girl should recover fully, according to news reports. Police charged the two boys with reckless endangerment, defined in Maryland law as “conduct that creates a substantial risk of death or serious physical injury to another.” This offense, a misdemeanor, normally carries a penalty of up to five years’ imprisonment and a fine of up to $5,000, but in this case the defendants are minors. The criminal statute uses the mental state of “recklessness,” meaning that the prosecution would have to prove that the boys acted without regard to a known risk, in this case the risk of an exploding paint can.

From the point of view of a personal injury attorney, the question becomes one of negligence or intent. While reports of the incident give no indication of any civil claim relating to the injuries, the case offers a good thought experiment on how a claim for damages can develop. In this case, the injured girl could make a claim for negligence or for an intentional tort such as battery, depending on the circumstances. “Battery” as a civil claim is an intentional action that results in contact with another person without that person’s consent. It could be direct person-to-person contact, as in a punch, or contact through another object, such as a paint can. A claim for battery would require proof that the boys intended to throw the paint can into the fire and intended for it to affect the girl, although they do not necessarily need to have intended her specific injuries. To claim negligence, she would need to prove that the boys breached a duty of care, such as to not create explosions, and that this breach caused her injury. In either case, the extent of her injuries would determine the amount of damages she could claim.

Continue reading "Maryland Teen Burned by Paint Can Thrown into Campfire" »

Restrictions placed on teenagers’ driving privileges has led to a decrease in the number of fatal automobile accidents among 16-year-olds. Research suggests, however, that the risk may simply have shifted to older teens, as a corresponding rise in traffic fatalities has occurred among 18-year-olds. A study published in the September 14 issue of the Journal of the American Medical Association reviewed data from crashes nationwide covering the years 1986 to 2007 and found an increase in fatal car accidents as teens get older. 16-year-olds average 28.2 fatal crashes per 100,000 person-years, compared to 36.9 for 27-year-olds and 46.2 for 18-year-olds.

Graduated driver licensing laws, known as GDLs, limit driving privileges of 16-year-olds until they gain experience in lower-risk driving situations. Most GDL’s establish three stages: a “learner’s” period requiring supervised driving, an intermediate period with limited unsupervised driving, and a full privilege period identical to an adult driver’s license. Some states add restrictions on nighttime driving, use of cell phones while driving, and number of passengers allowed in cars operated by teenagers. New Jersey requires drivers without full privileges to display a “new driver” decal on their vehicles.

Maryland’s GDL allows entry into the learner’s stage at 15 years, 9 months, and requires a minimum of 9 months in that stage with a minimum of 60 hours of supervised driving. Young drivers may enter the intermediate stage at age 16 years, 6 months and after completing the learner’s stage. Intermediate drivers cannot drive unsupervised between midnight and 5:00 a.m. and cannot have passengers under the age of 18 for the first five months. All restrictions may be lifted at age 18.

By limiting new drivers’ exposure to high-risk, dangerous situations, GDLs appear to have successfully reduced the total number of fatal car accidents among 16- and 17-year-old teens. Researchers suspect, however, that at least part of the higher rate of fatalities among 18-year-olds may be due to teens deferring obtaining a driver’s license until age 18, thus skipping the GDL process entirely. This results in 18-year-old new drivers who have not gone through the training process encompassed by GDL’s.

"[Older teens] are saying, 'The heck with your more complicated process,'" says Justin McNaull, director of state relations for the American Automobile Association. At 18, teenagers can, in many cases, get their license in a matter of weeks.

No national database exists to show the total number of 16-year-old drivers compared to older new drivers. The hypothesis is therefore largely anecdotal, as it is not clear if there are fewer 16-year-old drivers nationwide. The study’s finding suggest that there is no net change in the total number of traffic fatalities, at least as related to GDL’s, but rather that the risk has shifted to slightly older drivers.

Continue reading "Reduction in Car Accident Fatalities Among 16 Year-Olds Matched by Rise Among 18 Year-Olds" »

Heather Greer, 14, died on Thursday after she was injured in a Harford County pedestrian accident. The Pylesville teenager was crossing Route 136 when she was hit by a motor vehicle.

According to Maryland State Police, Greer died from injuries she sustained from the impact of being hit by a 2009 Toyota Highlander. She was pronounced dead at the R. Adams Cowley, University of Maryland Shock Trauma Center where she was flown by helicopter after the Pylesville car crash.

Child Pedestrians
It’s been awhile since our Baltimore personal injury law firm has posted on a story on this site about a Maryland child pedestrian accident. However, our child injury lawyers continue to remain concerned about the hundreds of kids that are killed each year because they were struck by a motor vehicle.

As Baltimore injuries to minor attorneys, we are familiar with the kinds of serious injuries that can occur during a child pedestrian accident (For example: traumatic brain injury, spinal cord injury, broken bones, organ damage, disfigurement, and burn injuries) and we know how important it is to get the financial recovery you need to help cover medical expenses and other costs.

Our Maryland injury lawyers work with accident reconstructions and medical experts that know how to prove exactly how your injuries happened. We are experienced in building solid cases for our clients while providing you with the legal counsel and support that you need during this difficult time.

Depending on the details of what happened, possible liable parties might include a driver, the entity responsible for maintaining/designing the road, the manufacturer of the motor vehicle or one of its parts, or the party that served alcohol to an intoxicated driver.

14-Year-Old Pylesville Girl Struck by Vehicle and Killed While Attempting to Cross Route 136, Daggerpress.com, July 29, 2011

Related Web Resources:
Child Pedestrians, NHTSA

Pedestrian Safety, Centers for Disease Control and Prevention

More Blog Posts:
Maryland Pedestrian Accident Report: Two Teens Die in Hospital Following Fatal Baltimore Street Accident, Maryland Car Accident Attorney Blog, July 29, 2011
$3.3M Prince George’s County Pedestrian Accident Awarded Over Woman’s Maryland Wrongful Death, Maryland Accident Law Blog, March 14, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

Our Baltimore medical malpractice lawyers represent families whose babies were injured before, during, or right after delivery. We know how devastating it can be to have an occasion as joyful as the birth of a child to be marred because an obstetrician, gynecologist, anesthesiologist, or another medical professional was negligent.

One of the more common injuries that can occur during delivery as a result of Maryland medical malpractice is the brachial plexus injury, which is also known as Erb’s Palsy. This type of injury can happen if traumatic stretching of the infant’s brachial plexus (this area runs from the spine to the muscles in the arms and shoulders and can also impact the arms and hands) occurs when trying to get him/her out. For example, if labor has gone too long or the baby is in breech or if his/her shoulder is stuck under the mother’s pubic bone or in the birth canal, his/her head may have to be pushed away from the shoulder while the arm is forced upward or the shoulder is pushed downward to get the baby out. If too much force is exerted, stretching or tearing of the baby’s nerve can occur and permanent and serious injuries (including partial or total paralysis) can result.

Just recently, a jury awarded a family $1.3 million against the doctor who delivered their child in 2006. In their birthing malpractice lawsuit, the couple claimed that their doctor could have performed a C-section or applied techniques other than excessive traction to free their daughter’s shoulder during birth. Because of her brachial plexus injury, she still isn't fully able to use her left arm.

Brachial plexus injuries can be avoided. Common reasons why they occur:
• Failure to properly estimate the baby’s weight and size
• Applying too much traction to the baby’s neck during labor
• Failure to properly monitor for fetal distress
• Failure to properly gauge whether/not baby’s shoulder can easily move through the birth canal

Jury awards $1.3 million in childbirth lawsuit against doctor, WCF Courier, July 20, 2011

Related Web Resources:
Brachial plexus injury, MayoClinic

What are Brachial Plexus Injuries?, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Birthing Malpractice Leaves Devastating Consequences for Parents and Child, Maryland Accident Law Blog, May 30, 2011

Can Maryland Birthing Malpractice Cause Autism?, Maryland Accident Law Blog, July 16, 2011

Maryland Birthing Malpractice: Expansion of Consent Doctrine Restores $13 Million Cerebral Palsy Verdict, Maryland Accident Law Blog, July 31, 2009

Continue reading "Maryland Birthing Malpractice: Brachial Plexus Injuries During Delivery Can Cause Permanent Damage" »

According to researchers from Brown University and Harvard School of Public Health, complications and problems during and after birth might increase the chances of a child developing autism. While the authors acknowledged that the causes of autism are not known, they were able to narrow down the factors that could be linked to autism, including:

• Birth injury
• Birth trauma
• Low 5-minute Apgar score
• Meconium aspiration
• Maternal hemorrhage
• Abnormal presentation
• Multiple births
• Umbilical cord complications
• A birth that occurs during the summer
• RH or AB incompatibility
• Small for gestational age
• Congenital malformation
• Hyperbilirubinemia
• Fetal distress
• Low birth weight
• Neonatal anemia
• Low oxygen during delivery
• Fetal distress

While some of these factors are out of an obstetrician’s hands, there are ways to prevent certain birth injuries from happening. For example, monitoring the fetus’s vital statistics, as well as that of the mother, making sure that the baby gets enough oxygen, and not making any medical mistakes that could cause Maryland birth injury or trauma.

To have your child diagnosed with autism can be a severe blow for the entire family. Not only might your child never be able to live a “normal” life, but he/she will likely require costly therapies and other services to help them deal with their special needs. Some autistic children may never be able to support themselves or live independently. Your child may have to contend with bullying and emotional isolation while growing up. Autism takes a toll on the entire family.

If you believe that a medical mistake before, during, or after birth caused your son/daughter to develop autism, you may have grounds for a Baltimore birthing malpractice lawsuit.

Perinatal and Neonatal Risk Factors for Autism: A Comprehensive Meta-Analysis, Pediatrics, July 11, 2011

Low oxygen during birth may contribute to autism, Barchester, July 13, 2011

Environmental factors for autism: Low oxygen during delivery, summer births, The Imperfect Parent, July 12, 2011

Related Web Resources:
Autism Speaks

Autism Fact Sheet, National Institute of Neurological Disorders and Stroke

More Blog Posts:
Maryland Medical Malpractice?: Doctor and His Son Accused of Putting Autism Patients at Risk, Maryland Accident Law Blog, May 19, 2011

Baltimore Couple Files $20 Million Medical Malpractice Lawsuit Alleging Wrongful Birth, Maryland Accident Law Blog, July 6, 2010

$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family, Maryland Accident Law Blog, June 3, 2009

Continue reading "Can Maryland Birthing Malpractice Cause Autism?" »

4th of July festivities in downtown Baltimore turned violent yesterday when one man was fatally stabbed and a 4-year-old was shot during the event. Thousands attended the celebration—almost twice as many attendees as last year—that was manned by almost 600 state and city officers. On Monday, Mayor Stephanie Rawlings-Blake condemned the violence.

According to Police Commissioner Frederick H. Bealefeld III, 26-year-old Joseph Lorenzo Calo was stabbed in the neck with a broken bottle by someone that he’d gotten into a shoving match with outside McCormick & Schmick's Seafood Restaurant. Baltimore police are confident they can find the assailant.

Meantime, 4-year-old Kavin Benson was shot in the leg while walking with his father and the dad’s pregnant fiancé on Pratt Street. The boy, who was treated at Johns Hopkins Children's Center, had a small-caliber bullet lodged near his knee. Police are not sure how he was shot.

If you or someone you love was injured while at a public event and you believe that the Maryland accident could (or should) have been prevented, you may have grounds for a Baltimore injury case. Premise owners and those in charge of running an event must exercise the necessary precautions to make sure that visitors, participants, and others don’t get hurt. This includes making sure that there is adequate security, proper lighting, crowd control, proper supervision, and if the venue is one where there is traffic that vehicles are redirected so that no one ends up injured in a Maryland pedestrian accident.

Boy's Family Reacts To July Fourth Shooting, WBALTV, July 5, 2011

Baltimore fireworks violence: Shooting, stabbing in spite of heavy police presence, Baltimore Sun, July 5, 2011

Related Web Resources:
Baltimore Fourth of July Celebration 2011 Fireworks, Baltimore.biz

Premises Liability, Justia

More Blog Posts:
Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”, Maryland Accident Law Blog, April 27, 2011

Montgomery County Premises Liability: Nordstrom Ordered to Pay Nearly $1.6M to Two Women Injured in 2005 Bethesda Mall Stabbing, Maryland Accident Law Blog, April 21, 2011

Recent Shootings at Safeway and Walmart Raises the Question of How Liable Premises are for Violent Crimes, Washington DC Injury Lawyer Blog, January 23, 2011

Continue reading "4-Year-Old Shot and 1 Man Fatally Stabbed During 4th of July Baltimore Fireworks Festivities " »

Beginning today, the federal government’s new crib safety standards are in effect, which means that drop-side cribs can no longer be sold, manufactured, or distributed. Manufacturers, retailers, and distributors must also adhere to the other new requirements, including:

• Stronger crib slats
• Tougher mattress support
• More durable crib hardware
• More rigorous testing

Our Baltimore products liability law firm is pleased to hear about the tougher measures that are now in effect and hopefully decrease the chances of child injuries or deaths in a crib, which is supposed to be one of the few safe places a parent or guardian can leave their child unsupervised. However, this has not been the case in recent years. The CPSC has had to recall over 11 million cribs since 2007 because of possible safety hazards and over the last decade, defective cribs and faulty crib hardware have caused at least 32 deaths involving suffocation or strangulation.

Drop-side cribs have proven especially dangerous, with their sides that risk of becoming detached or collapsing. Fall accidents resulting in head injuries, entrapment from a baby getting stuck between the side of the crib and the mattress, and other serious injuries have also occurred.

Even with these new standards now in effect, it is important to note that hotels, day care providers, and crib rental companies still have until December 28, 2012 to comply with them, which means that your child could end up in a defective crib if you don’t double check to make sure that the crib does in fact meet the new safety standards.

Safer Cribs for Babies Available Starting Today, CPSC, June 28, 2011

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Crib safety tips, Consumer Reports

Juvenile Products Manufacturers Association

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyers Blog, February 16, 2011

Preventing Maryland Injuries to Children: Latest CPSC Baby Product Recalls Include Recliners, Pacifiers, Playards and Drop-Side Cribs, Maryland Accident Law Blog, July 26, 2010

Simplicity Drop-Side Cribs Linked to Eleventh Infant Death, Maryland Accident Law Blog, December 21, 2009

Continue reading "New Crib Safety Standards Aim to Protect Infants and Toddlers from Injury and Death" »

According to the journal Pediatrics, wading and inflatable pools pose just as big of a drowning danger as in-ground pools—especially for kids. This Maryland child injury risk is important for parents to know about. The study looks at data that the US Consumer Product Safety Commission had gathered about drowning and near-drowning accidents that took place between 2001 and 2009.

In the summers during that time period, a child drowned in a portable backyard pool once every five days. The incidents resulted in 209 deaths from submersion and 35 non-fatal accidents involving kids under 12. Although Gary Smith, the study’s author, isn’t saying that kids shouldn’t be allowed to swim in portable pools, he does note that parents need to realize the possible dangers involved and they should the necessary safety precautions to protect their children, including:

• Making sure that children are properly supervised in the pool—this includes not texting or getting drunk while watching the kids.
• Securing the pool when no adults are around so kids can’t get in the water without permission.

Remember, you need just a few inches of water to drown in so even if the pool at issue is a wading pool, it can still pose a drowning hazard.

Our Maryland swimming accident lawyers represent families whose children have suffered injuries because someone else was negligent. In some cases, the negligent party may be a property owner that didn’t take precautions to prevent kids from entering a pool without permission or adequate supervision. Examples of other possible responsible parties in a pool drowning accident: the manufacturer of a defective pool drain or the host of a swimming event who failed to properly supervise the swimmers.

Portable pools a summer risk for children, Reuters, June 20, 2011

Pediatrics

CPSC

More Blog Posts:
Dementia Patient’s Wandering Leads to Death—Nursing Home Fined $20K for Negligence, Maryland Nursing Home Lawyer Blog, June 6, 2011

CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011

In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Continue reading "Maryland Injuries to Minors: Portable Pools are Just as Dangerous as Swimming Pools, Reports Pediatrics " »

A high school freshman sustained rhabdomyolysis after undergoing a serious of conditioning exercises as part of a pre-football training program at a Montgomery County high school last month. Now, Brian Jordan, who had to undergo seven surgeries to fix the damage to his muscles following the Maryland injury accident, will also have to undergo three months of physical therapy.

WAMU.org reports that Jordan’s parents are demanding an apology from the principal of Wootton High. They are also reportedly planning to take legal action.

Rhabdomyolysis
This involves the breakdown of muscle fibers that causes myoglobin to be released into the bloodstream. Rhabdomyolysis can cause kidney damage or acute tubular necrosis.

Schools are supposed to make sure that activities and athletics programs are safe for kids to take part in. This includes making sure that athletes are not pushed to work out to the point that they could get hurt. In some incidents where this responsibility was disregarded, kids have died or sustained serious injuries.

Recently, a 19-year-old sued his former high school after he sustained head injuries when playing football during the 2007 season. Zachary Alt suffered three concussions and a traumatic brain injury. He says coaching staff told him to keep playing even after his initial injuries.

If you believe your child got hurt because another party was negligent, you may have grounds for a Montgomery County, Maryland child injury case. Our Baltimore personal injury attorneys know how upsetting it can be to see your child suffer.

Parents of Injured Wootton High Student Demand Apology, WAMU.org, June 9, 2011

Former high school football player sues Highlands over head injuries, Post-Gazette, April 8, 2011

Related Web Resources:
Head injuries in Football, The New York Times

Head injuries in youth football: Concussion risk alarms parents, The Palm Beach Post, October 23, 2010

More Blog Posts:
$1.5 Million Maryland Personal Injury Lawsuit Filed Against Howard County Following Alleged Physical Assault by High School Assistant Football Coach, Maryland Accident Law Blog, November 16, 2010

Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers, Maryland Accident Law Blog, January 23, 2010

Washington DC Playground Accidents are a Leading Cause of Injuries to Minors, Washington DC Injury Lawyer Blog, April 19, 2006

Continue reading "Maryland Injury Accident: High School Football Player Injured in Pre-Football Training Program" »

With summer approaching, now is a good time to remind families that this is the time of year when the number of Maryland dog bite victims can go up. Aside from the fact that more kids and dogs are outside playing, researchers have suggested that dogs may be more likely to feel irritable when the weather is warm.

Recently, five children were rushed to the hospital after they were hurt in a Prince George’s County dog attack. They were getting onto a school bus when an American Bulldog came at them.

Getting hurt in a Maryland dog attack is never fun. Serious injuries can result—especially for young children or elderly victims. Rabies, facial injuries, tissue loss, lacerations, flesh wounds, nerve damage, crush injuries, disfigurement, scarring, sprains, factures, C. canimorsus infections, cellulitis or even death can occur. Dog bite incidents can also be very traumatic experiences and survivors may experience post-traumatic stress disorder, depression, or other emotional injuries. These invisible injuries can have just as powerful an effect on the victim as the physical injuries that can result.

Dog owners should make sure that their pets are properly secured and trained so that they don’t inflict serious harm to others. This includes making sure that the animals are up to date on their rabies vaccines and when they are playing outside that there is either a fence around the yard to keep them contained or that they are securely leashed so that they don’t attack anyone.

Maryland Dog Bite Cases
It can be tough to prove liability and obtain compensation for one’s dog bite injuries in the state of Maryland. This is just one reason why working with an experienced Prince George’s County dog attack lawyer is the very important.

Dog attacks children on school bus, Washington Post, May 18, 2011

Dog Bite Risk for Kids Greatest in Summer, ABC News, March 9, 2009

Related Web Resources:
Cat and Dog Bites, Family Doctor

Animal Bites, Medscape

More Blog Posts:
7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries, Maryland Accident Law Blog, March 26, 2011

Washington DC Dog Bite Injuries Can Be Grounds for Personal Injury, Washington DC Injury Lawyer Blog, December 18, 2010

Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear, Maryland Accident Law Blog, November 3, 2008

Continue reading "Hot Weather May Bring More Maryland Dog Attacks" »

The Housing Authority of Baltimore City says it is “not possible” to pay almost $12 million in existing Maryland lead poisoning judgments. According to City Housing Commissioner Paul T. Graziano says that the agency just cannot afford to pay.

The nearly $12 million is for nine court judgments, and the housing authority is still facing 175 Baltimore lead paint cases, which could up the amount the city owes for these claims to $800 million. Some lawmakers are outraged the city’s response.

Although Maryland’s lead law, which was passed in the 1990’s, has decreased the number of lead poisoning incidents that occur each year—the lead risk reduction law mandates that owners of rental units constructed before 1950 fix them to reduce lead exposure risks—incidents of lead poisoning are still diagnosed on a regular basis. According to a 2010 report by the state’s Department of the Environment, more than 500 kids under the age of 7 were diagnosed with lead poisoning in 2009. 347 of the cases were in Baltimore, the leading city for exposure to lead because of the age of the city’s housing. There are still homes and building that have lead paint on windows, walls, or molding—even if they have been painted over.

Lead paint on a property is a hazard and can be grounds for a Baltimore personal injury lawsuit if injuries or illness result. Young kids are especially at risk of serious harm from exposure to lead paint, which can affect physical and mental development and in certain cases lead to death. Adults are also prone to injuries from lead poisoning.

Serious lead poisoning side effects:
• Learning difficulties
• Developmental problems
• Decrease in mental functioning
• Mood disorders
• Muscular weakness
• Miscarriage
• Lower sperm count
• Memory loss

Baltimore’s Housing Authority Says It Can’t Afford To Pay For Lead Paint Poisoning Claim, CBS Local, April 5, 2011

Officials focus on gaps in lead paint law, Baltimore Sun, August 27, 2010

Related Web Resources:
Lead in Paint, Dust, Soil, Environmental Protection Agency

Lead Poisoning, Mayo Clinic

Baltimore Housing

More Blog Posts:
Maryland Jury Awards $2.5 Million Baltimore Lead Paint Verdict to Siblings, Maryland Accident Law Blog, November 5, 2009

Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water, Washington DC Injury Lawyer Blog, January 27, 2009

Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play, Washington DC Injury Lawyer Blog, September 20, 2007

Continue reading "Baltimore's Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases" »

According to the mother of Amanda Mitchell, the 7-year-old girl will likely have to undergo several surgeries for the severe facial injuries she sustained when she was attacked by two American Bull Dogs earlier this month. The two dogs have been put down.

Baltimore County Police say that Mitchell was riding her bicycle when the two dogs got out of a neighbor’s yard and attacked her. On ABC2news.com, her mom Shelda Lambert is quoted as saying that her daughter’s “whole face ripped away.” Lambert also got hurt during the Maryland dog attack as she tried to fight the dogs off her daughter.

While no criminal charges are being filed against Tina Baker, the dog’s owner, she has been fined $3,600 over numerous citations.

Facial Injuries and Dog Bites
According to the California Surgical Institute, dog bites are the cause of about 44,000 facial injuries annually. 60% of the victims are usually small kids. Because of their small size and height, kids’ faces are easy for dogs to reach. Examples of dog bite injuries to the face:

• Fractures
• Eye damage
• Puncture wounds
• Nerve damage
• Jaw injuries
• Scarring
• Disfigurement

Each state has its own law when it comes to holding a dog owner liable for injuries inflicted by an animal. Dog owners can be held liable for a Maryland dog attack by a dog considered dangerous. A dog doesn’t need to have injured anyone before to fall under the dangerous dog category. Aggressive behavior alone can be a sign that the animal may pose a danger to others.

Dogs Attack Baltimore County Girl, WBALTV, March 13, 2011

Dog owners defend pit bulls after an attack on a 7-year-old girl, ABC, March 14, 2011

Related Web Resources:
Dog Bite Prevention, Centers for Disease Control and Prevention

Dog Bites, Nolo

More Blog Posts:
Maryland Dog Bites off Part of Anne Arundel County Police Officer’s Ear, Maryland Accident Lawyer, November 3, 2008

Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen, Maryland Accident Lawyer, August 20, 2008

East Baltimore Woman Is Victim of Pit Bull Attack, Maryland Accident Lawyer, June 26, 2007

Continue reading "7-Year-Old Girl Injured in Dundalk, Maryland Dog Attack Sustained Severe Facial Injuries" »

Three members of a family of four who were on a bicycle ride on Sunday morning were injured in Anne Arundel County when they were hit by a car driven by a Laurel woman who lost control of her 2001 Nissan Altima. The driver of the vehicle, 63-year-old Laurel resident Romota Olumemisi Koletowo, died from her Maryland car accident injuries. She had to be extricated from her car, which had rolled over.

According to police, Koletowo drove her vehicle off the road, struck a light pole, and crossed a bike path before hitting the bench where 36-year-old Franz Clementschitsch was sitting. He was thrown some 38 feet and had to be rushed to the hospital for treatment of his life-threatening injuries.

Clementschitsch’s wife, Susanne, 38, and one of their 4-year-old twin sons, sustained injuries from the flying debris. All three of them were taken to Maryland hospitals, where they were admitted in serious condition.

The Anne Arundel car accident happened as Koleweto was driving home from work after completing a graveyard shift. Police are trying to determine whether a medical emergency or driver exhaustion played a role in the Maryland injury accident.

Maryland Car Accidents
There are many reasons why a motorist might lose control of a vehicle. Sudden unintended acceleration caused by an auto defect, drunk driving, distracted driving, driver fatigue, driving under the influence of drugs or prescription medication, driver inattention, driver inexperience, and overcorrecting a vehicle too much are several examples of these reasons. In some cases, the driver’s negligence or carelessness can be grounds for an Anne Arundel County personal injury or wrongful death case. There also may be other parties, such as the manufacturer of a defective vehicle part or a car repair store whose maintenance work was inadequate, who should be sued.

1 dead, 3 hurt when car crashes into family on bicycle ride, The Baltimore Sun, August 8, 2010

Woman killed, family injured in Laurel crash, Hometown Annapolis, August 9, 2010

Related Web Resources:
Current Bicycle Laws, Maryland Department of Transportation

Pedestrian Injuries, Prevent Injury.org (PDF)

Maryland Car Accident Attorney Blog

Our Maryland child accident attorneys work hard to obtain the financial recovery that our clients’ families are owed by the manufacturers of defective products. The makers of consumer goods, especially furniture, accessories, and toys that are intended specifically for child and infant use, must make sure that there are no defects to their products that can cause injuries to a child. Failure to do so can cause serious Maryland personal injuries to a minor or wrongful death.

Just today the US Consumer Product Safety Commission recalled 30,000 Nap Nanny® portable baby recliners. The recliners pose a suffocation hazard and fall danger. The CPSC is investigating a report involving the death of a 4-month old child who died while harnessed to the recliner She got stuck between the crib bumper and the recliner.

In another child entrapment accident involving the Nap Nanny®, the baby got caught between the crib’s side and the baby recliner. The infant sustained a forehead cut. There have been 22 reports of babies under 5-months-old who ended up either hanging our falling out of the recliner even though they were harnessed to it.

Last Tuesday, CPSC recalled about 44,900 Kariño Baby Pacifiers that don’t meet federal safety standards. No injuries or incidents have been reported, but the pacifier is an aspiration and choking hazard to kids.

On July 15, the CPSC and Health Canada recalled approximately 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits because they pose an entrapment hazard to children. In December 2008, a 2-year-old boy was found hanging with his neck trapped between the tent’s metal base rod and the playard. He died from his injuries. The child entrapment accident happened as the boy, who managed to pop off the clips that kept the metal base rod secure, was trying to get out of the playard. Three other incidents were reported involving kids who removed the clips and were able to put their neck between the playard and the tent. Fortunately, they were not injured.

The day before, Pottery Barn Kids recalled about 82,000 drop-side cribs because they pose suffocation, fall, and entrapment hazards. At least seven kids have sustained minor injuries when their legs got stuck between the drop side and the mattress and they fell out of the cribs. There have been 36 reports of drop-side detachment or malfunction.

Recalls and Safety Product News, CPSC, July 2010

Related Web Resources:
Kids in Danger

Potentially Dangerous Children's Products, Good Housekeeping

Continue reading "Preventing Maryland Injuries to Children: Latest CPSC Baby Product Recalls Include Recliners, Pacifiers, Playards and Drop-Side Cribs" »

A 14-year-old girl and a 3-year-old boy were injured during an East Baltimore car accident yesterday afternoon. The two children were close to the intersection of North Highland Avenue and East Fayette Street when they were hit by a car. Charges are pending against the motorist that struck them.

Child Pedestrian Accidents
Many children lack the judgment and experience to protect themselves from Maryland pedestrian accidents. Although drivers must always refrain from negligent driving to avoid striking pedestrians of any age, they must exercise extra caution around children.

Steps motorists can take to avoid striking child pedestrians:
• Drive at a slower speed in residential neighborhoods and areas where children are likely to be playing or walking to and from school.

• Obey traffic signs and signage and respect crosswalks and speed limits.

• When backing up your car, do so cautiously and slowly. Many child pedestrians are injured in backover accidents each year.

• Don’t text message or talk on the phone while driving.

• Keep your eyes and attention on the road at all times.

In 2008, 270 children in the 14 and under age group were killed in US pedestrian accidents. Our Baltimore injuries to children and minors lawyers have seen the devastating toll pedestrian accidents can take on the victims and their families.

Serious Maryland pedestrian injuries have included traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and wrongful death.

Teen, toddler hit by car, injured; charges pending against driver, Baltimore Sun, July 11, 2010

Children: 2008 Traffic Safety Facts, NHTSA (PDF)

Related Web Resources:
Pedestrian Safety, CDC

Pedestrians, NHTSA

Maryland Car Accident Attorney Blog

Continue reading "Toddler and Teen Pedestrians Injured During East Baltimore Car Accident" »

According to the University of Utah Department of Neurosurgery, there has been a dramatic increase in the number of severe head and spinal trauma cases involving all-terrain vehicle. Its researchers’ findings, published in Neurosurgery, emphasis the need for better ATV stability, better rider training, and helmet use.

The research, which is to be published in the journal Neurosurgery, states that:

• ATV injuries resulted in 495 deaths and 1,117,000 emergency room visits in 2001—159% and 211% more, respectively than 1993.

• 42% of head and spinal injuries involved young victims under the age of 20, who are riding adult-sized vehicles yet may lack the physical strength, size, experience, judgment, motor coordination, and restraint to safely operate any type of motor vehicle.

• Most common type of ATV accidents include rollovers and collisions with stationary objects or other vehicles.

• ATV drivers that don’t wear helmets are at greater risk of sustaining a neurological injury.

• With their high gravity center, short wheelbases, and high ground clearance, ATVs have an unstable design.

ATVs can travel on sand, snow, and mud. Neurosurgeon Joel MacDonald, MD, one of the researchers on this study, says children are at higher risk of becoming involved in an ATV rollover crash because they may lack the strength and weight to forcefully lean the vehicle during a turn.

Just last March, a 4-year-old boy died in a Maryland ATV accident close to Middletown when the he drove the ATV into a creek. The child drowned. While Maryland makes it illegal for children under the age of 12 to drive ATVs on state trails, no age limit exists regarding who can operate an ATV on private land.

The US Consumer Product Safety Commission says kids under age 6 should not ride ATVs. However, even though ATV manufacturers are now recommending certain age limits depending on the size of an ATV’s engine, some companies are now making ATVs designed for small kids. It is also important to note that adults are also susceptive to ATV accidents and injuries.

If you or someone you love suffered serious injuries during an ATV accident, you may have grounds for a Maryland ATV accident lawsuit or a Maryland products liability case. Manufacturers can be sued for negligence if a product that was poorly designed, lacked the proper safety instructions, malfunctioned in some way, or did not come with the proper warnings caused a Maryland personal injury or wrongful death. If your child is the one that got hurt, you may be able to pursue an Maryland child accident lawsuit.

Head and spine trauma from ATV accidents cost $3.24 billion annually, University of Utah Health Sciences/EurekaAlert.org, July 6, 2010

ATV accident claims life of 4-year-old boy, The Herald-Mail, March 21, 2010

Related Web Resources:
ATV Safety

University of Utah Department of Neurosurgery

Products Liability, Nolo

Maryland Car Accident Attorney Blog

Washington DC Injury Lawyer Blog

Jessica Young and Antoine McLeod are accusing American Radiology Services, Dr. Karen Y. Perkins, and the Johns Hopkins Health System Corp. of Maryland medical malpractice. In their $20 million wrongful birth lawsuit, the Baltimore couple is claiming that a medical record mixup prevented them from receiving information about their baby’s birth defects that could have allowed them to decide whether they wanted to terminate the pregnancy.

Antonio Jesse McLeod was born prematurely last year with a number of birth defects, including a hole in his diaphragm. Also, his stomach was in his chest cavity.

According to the family’s medical malpractice complaint involving Maryland injuries to a minor, the abnormalities were visible in a sonogram performed by American Radiology Services months before the baby was born but that the radiology testing company sent the test results to the wrong doctor. Another Dr. Perkins and not the Dr. Perkins who was Young’s obstetrician received the results. Because of this mistake, Young's Dr. Karen Y. Perkins never saw the sonogram and thought the baby was healthy and the couple were never notified that their child was going to be born with any serious birth defects.

It wasn’t until just days before Antonio was born that a new sonogram showed there might be a problem. An ultrasound confirmed the birth defects. Antonio was born on July 18, 2009.

Following Antonio’s delivery, he was placed on a ventilator, suffered liver and kidney failure, and the hole in his diaphragm had to be repaired. The family’s Baltimore medical malpractice lawyer says that Antonio will likely require a “lifetime of care” that could cost the family over $20 million. The Maryland injury lawyer contends that if the couple had known about their son’s birth defects, they could have made an informed decision over whether to continue with the pregnancy.

Maryland Wrongful Birth
Parents whose doctors failed to diagnose or warn that their unborn child may be suffering from a congenital or genetic disability may have grounds for filing a Maryland wrongful birth complaint if this negligent act deprived them of informed consent and the ability to choose whether or not to terminate the pregnancy. These parents can pursue financial compensation for the costs that come with caring for a child with serious disabilities.

Baltimore parents file $20M lawsuit for wrongful birth, Dolan Media Company, June 21, 2010

Four years after a 14-year-old girl was fatally electrocuted at a softball field on Druid Hill, her loved ones are considering whether to seek a motion asking a court reevaluate its decision to dismiss the Maryland wrongful death lawsuit against the city of Baltimore. Green, a Deer Park Middle School student, died on May 5, 2006 when she was electrocuted while stretching against a steel fence before a church league softball game.

The fence was in contact with an underground power line. Green grabbed hold of another fence and her body completed completed an electrical circuit. She was knocked down immediately and never regained consciousness.

In 2009, Green’s family filed a Maryland wrongful death complaint against the city of Baltimore, Del Electric Inc., and Baltimore Gas and Electric Company. A judge later dismissed the case against the city and BGE.

Now, the family’s Baltimore wrongful death attorneys are saying that on more than one occasion the city hired Del Electric to deal with electrical problems that took place at the field prior to Green’s death. Their attorney contends that this new information sheds additional light on the role that the city of Baltimore may have played as the owner of the premise where Green died. The family also says that following her death, the city never took steps to rework the electrical system at the field.

Electrocution Accidents
Maryland electrical shock accidents can result in serious injuries, including burn injuries, brain damage, heart damage, muscle damage, nerve damage, and tissue damage. If you or someone you love was electrocuted on another party’s property and the premise owner was negligent in causing the injury accident, you may have grounds for filing a Maryland premises liability or wrongful death case. Signs of electrical shock include burns, respiratory failure, spinal cord injury, cardiac arrest, headaches, hearing problems, unconsciousness, tingling, weakness, numbness, seizures, muscle pain, broken bones, deformity, and heart arrhythmia.

Answers Sought In Girl's Death, Baltimore Sun, September 9, 2010

Family of Girl Electrocuted at Baltimore Softball Field to Return to Court, ABC2, May 12, 2010

Related Web Resources:
Electrical Injuries, eMedicine

City of Baltimore, Maryland

The parents of Christopher Jones are filing a $10 million Maryland wrongful death lawsuit against the Anne Arundel County School Board, five teenagers, and one adult. Jones, 14, sustained a fatal head injury last May when he fell to the ground during a beating. Police say the incident was a youth gang beating.

Jones did not belong to any gang. His mother accused gang members at the school he attended of assaulting her son.

Two teens were convicted of manslaughter in Jones’s beating death. Jones' family is to seek $8 million in Anne Arundel County wrongful death compensation from the teens' parents and $200,000 from the school board.

Maryland Wrongful Death
If someone you love died because he or she became the victim of a violent crime, you may have grounds for filing a Maryland wrongful death lawsuit. Even if your loved one knew the assailant, the attacker never intended to kill the victim, prosecutors decided not to file criminal charges, or the defendant was acquitted in criminal court, you can still pursue a separate case seeking compensation for your loss, pain, and suffering.

Violent crimes that can be grounds for a Maryland injury lawsuit if someone gets hurt or dies:

• Murder
• Rape
• Assault and battery
• Domestic violence crimes
• Molestation
• Sexual assault
• Shooting crimes
• Stabbing incidents

In Maryland, you have three years from the date of the victim’s death to file your wrongful death complaint. Although nothing can make up for losing someone you love, you can hold the responsible party liable for their actions and your losses.

Parents of slain Crofton teen to file $10 million lawsuit, The Baltimore Sun, April 12, 2010

Parents of Slain Teen File $10 Million Lawsuit, WJLA, April 10, 2010

Related Web Resources:
Maryland Wrongful Death and Intestacy Statutes (PDF)

Wrongful Death, Nolo