Maryland Accident Law Blog

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

The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard
Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Consumer Reports

Infantino

Continue reading "Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths " »

The American Academy of Pediatrics says that its time that the US government mandate that warning labels be placed on the packaging of foods that pose a potential choking hazard to children. The pediatricians’ group also is calling for a redesign of certain manufactured foods, such as candies and hot dogs, which can be reshaped in a manner that is safer for kids.

Dr. Gary Smith, the head of the group’s Committee on Injury, Violence, and Poison Prevention, says that foods that are round or cylindrical in shape are a choking hazard. Smith noted that there are steps that can be taken to protect kids from choking, which is considered the number one cause of death in the five and under age group and the reason that thousands of kids under age 15 end up in the emergency room. One study reports that hot dogs are a factor in 17% of the asphyxiation accidents involving food and kids in the 10 and under age group.

Some other choking accident food culprits include:

• Peanuts
• Marshmallows
• Meat chunk
• Cheese chunks
• Peanut butter

At least one child fatality every five days is caused by a food-related choking accident. For a boy or girl who is lucky enough to survive an accidental choking incident, if the brain was deprived of oxygen for long enough, there may be the possibility of a traumatic brain injury.

Our Maryland injuries to children and minors attorneys are determined to help our young clients and their families obtain financial recovery for the harm they have suffered because a manufacturer or another party was liable for food products liability.

Pediatricians Want Redesign of Hot Dogs, Candy to Curb Kids' Choking, BusinessWeek, February 22, 2010

Pediatricians call for a choke-proof hot dog, USA Today, February 22, 2010

Related Web Resources:
American Academy of Pediatrics

Food Choking Dangers for Babies and Toddlers, Suite101.com

A Maryland jury has awarded Brooke Greenberg $250,000 for Baltimore medical malpractice injuries she sustained while at Johns Hopkins Children's Center after she underwent a medical procedure to replace her feeding tube in 2007. The Reisterstown teenager is known internationally for never aging past infancy, despite the fact that she is 17-years-old.

After she was discharged from the hospital, her home nurse and parents noticed that there were bruises on her legs and arms. Her parents sued for Maryland medical malpractice involving injuries to a minor on her behalf.

Last week, a Baltimore city jury found the famous hospital in breach of the standard of care when Greenberg was inappropriately restrained after the surgery. They awarded her damages for the emotional trauma and physical pain she suffered.

The hospital is debating whether to appeal the jury verdict. Hospital officials claim that Greenberg was suffering from a disorder that caused spontaneous bruising. However, the jury determined otherwise.

Greenberg has never developed past infancy. Scientists are trying to determine the cause of her mysterious condition.

Hospitals are supposed to provide each patient with the standard of care. Failure to meet that standard of care or deviating from that standard can be cause for filing a Maryland personal injury or wrongful death lawsuit if the patient gets hurt, suffers emotional trauma, or dies.

Medication mixups, poor sanitation, surgical errors, inappropriate restraints, wrong diagnosis, delayed diagnosis, anesthesia errors, nursing negligence, failure to check vitals, and failure to do follow-ups following procedures are some of the reasons why people have sued for Maryland medical malpractice.

Hopkins weighs appeal of verdict in girl's bruising, The Baltimore Sun, February 10, 2010

Duly noted: Girl who doesn’t age wins suit against Johns Hopkins, MDDailyRecord, February 15, 2010

Related Web Resources:
Johns Hopkins Children's Center

The Curious Case of Brooke Greenberg: 16-Year-Old Has the Body and Mind of a Toddler, FoxNews, August 7, 2009

Maryland’s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.

Two train operators were fired and six other workers were disciplined over the tragic Baltimore County train accident. No criminal charges were filed over the deadly incident.

The families’ Maryland injury attorney notified the state that they planned to sue. A Baltimore County wrongful death settlement was reached before the families filed their lawsuit. The lawyer noted that even though state law prevents plaintiffs who contributed to their personal injury from recovering damages, the Maryland’s wrongful death law has a provision that holds responsible the party that has the “last clear chance” of preventing an injury accident from happening.

Maryland Train Accident Injuries to Pedestrians
Pedestrians that are struck by trains will likely have sustained serious have sustained serious injuries that require medical attention as soon as possible. Train operators must exercise caution that they don’t accidentally strike someone or, if they do, that they get that person medical help right away. Some common causes of train accidents include mechanical failure, operator error, inadequate maintenance, and speeding.

State OKs $1.5 million settlement in case of teens killed by light rail train, The Baltimore Sun, January 21, 2010

MTA Says It Plans To Fire 2 For Deadly Accident, WJZ, December 18, 2009

Related Web Resources:
Maryland Board of Public Works

Maryland Transit Administration

A team of researchers are recommending that concussions should be called mild traumatic brain injuries so that this type of condition is taken more seriously. The team is concerned that many people don’t think of a concussion as an injury to the brain.

The researchers looked at the medical records of 300 children with traumatic brain injuries who were treated at McMaster Children’s Hospital in Canada. 102 of them were diagnosed with having a concussion. 385 of the kids diagnosed with a concussion actually had a mild TBI, while 24% in fact had a serious or moderate TBI.

According to Professor Carol DeMatteo of the CanChild Centre for Childhood Disability Research at McMaster University, in each case involving a child diagnosed with a concussion, the patient and their parents did not think the injury was serious. DeMatteo says this can be a problem.

According to the study’s findings, kids that were diagnosed with having concussion diagnosis spent less time in the hospital than children who were diagnosed with a mild brain injury. They also went back to school and resumed playing sports sooner than kids diagnosed with more serious brain injuries.

DeMatteo notes that if a child isn’t given enough time to recover, more concussions may occur and the risk of permanent brain damage increases.

Brain Injuries to Children
Brain injury is one of the most common causes of death and disability to young children. If your son or daughter suffers an injury to the head, it is important that you get medical help right away. What may appear to be a mild injury to the head may actually be a brain injury.

If your child sustained a TBI in a car crash, fall accident on another person’s property, or another kind of injury accident, you may have grounds for filing a Maryland traumatic brain injury lawsuit involving injuries to minors.

Concussion needs a new name, researchers say, Globe Life, January 17, 2010

Children and Traumatic Brain Injury, TBI Resource Guide, Centre for Neuro Skills

Related Web Resources:
Concussion, Empowered Doctor

McMaster Children’s Hospital

Continue reading "Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers" »

The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state's Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school's report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

A school staff member told a 911 dispatcher that the restraint methods the counselors used on Simmons were not unusual. The employee said that the school had dealt with other aggressive kids in similar fashion.

Student eyewitnesses claim that five staffers were sitting on Simmons. One student says Simmons told them he couldn’t breathe and that he was in pain but the counselors didn’t believe him.

The reform school was eventually shut down. It reopened last year under new management. The school is now called Silver Oak Academy.

The $1.2 million Baltimore wrongful death settlement is the maximum allowed under Maryland personal injury law.

CPR, 911 call for youth were delayed, ISACCORP.org, January 31, 2007

Family of teen who died settles with Bowling Brook, state, Baltimore Sun, January 7, 2010

Related Web Resources:
Maryland Department of Juvenile Services

Wrongful Death, Nolo

Noah Asid, the 9-year-old who was injured on December 29 when a large hickory tree fell on him at the Hashawha Environmental Center has died at a Baltimore hospital. Asid, who was attending a nature camp, was getting ready to go hiking with a group of children and counselors when the tragic accident happened.

According to reports, the 60-foot tree fell against a maple tree. This caused the maple branches to give way and the hickory and a number of large branches to hit the ground, striking Asid and another child. The girl, 10, has been released from Carroll Hospital Center.

The Carroll County sheriff’s office is determining what caused the tree to fall. Winds hitting speeds of up to 35 mph on the day of the accident may have been a factor.

Falling Tree Accidents
Falling tree accidents are not as uncommon as they sound and can cause catastrophic injuries to children and adults. Trees in parks, public areas, and other places frequented by children and other members of the public must be properly maintained so that they don’t pose a premise liability. If a property owner or overseer could (and should have) been taken to prevent the premises liability accident from happening, the victim or surviving family members can sue for Maryland personal injury or wrongful death.

Just last year, a 30-year-old man died after he was hit by a tree branch that fell in New York’s Central Park. In December, a wrongful death settlement was reached with the family of a woman who died after a tree fell on the car that she and her daughter were riding. The tree’s decaying root system contributed to its fall.

Falling tree injures children, Carroll County Times, January 6, 2010

Update: Boy, 9, injured by falling tree at Hashawha Environmental Center, dies, Carroll Eagle, January 1, 2010

Related Web Resources:
Hashawha Environmental Center

Recognizing Tree Hazards, Trees are Good

The Consumer Product Safety Commission is once again warning parents, adults, and child caretakers about the dangers of using a Simplicity drop-side crib. An 11th child death has been linked to the defective cribs. The crib's plastic hardware is prone to deformity and breakage. If this occurs and the drop side detaches, a space can open up between the crib mattress and the side of the crib that a toddler or a sleeping baby can fall into, becoming entrapped and suffocating.

The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.

While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.

Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child's personal injury or wrongful death. We'd be happy to discuss your defective crib case during your free consultation.

Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.

11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009

Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009

Related Web Resources:
Crib Safety, HealthBanks

Will Drop-Side Cribs Be Banned?, ParentDish

Continue reading "Simplicity Drop-Side Cribs Linked to Eleventh Infant Death" »

A 17-year-old high school football player is dead following a tragic single-car accident that occurred early Sunday at around 3am. Steven Dankos and teammate and best friend Thomas Erdman were riding in a pickup truck driven by Edrman’s brother, David Dixon Edrman, when the 22-year-old lost control of the truck, which then struck three decorative stone pillars before overturning.

Dankos was pronounced dead at the Howard County car crash site. Thomas and David sustained injuries. David is charged with homicide by motor vehicle while intoxicated, driving under the influence, and manslaughter by motor vehicle.

Drunk Driving Accidents
Drunk driving crashes are preventable. Yet every year, thousands of people are killed in the US because someone was driving drunk.

NHTSA 2008 Alcohol-Impaired Driving Facts

• 11,773 drunk driver-related deaths
• That’s 1 alcohol-related car crash death every 45 minutes

Drunk driving is a crime and also a form of negligent driving. A person who is driving under the influence of alcohol or drugs has impaired reflexes and senses and may not realize that he or she is speeding or about to collide with another vehicle or into oncoming traffic. Losing control of an auto when someone is inebriated is easy. It is the consequences and repercussions that follow which can be hard to live with.

A drunk driving conviction usually results in jail time. It can also destroy the lives of any victims, surviving family members, and the drunk driver who likely never intended to harm anyone.

After the season, the greatest loss, Washington Post, November 30, 2009

River Hill football player remembered as 'great kid', ExploreHoward, December 1, 2009

Related Web Resources:
Groups press for tougher drunk driving laws, Baltimore Sun, November 1, 2009

Drinking & Driving

Mothers Against Drunk Driving

Continue reading "Maryland High School Football Player Killed in Howard County Car Accident" »

A 2-year-old boy has died after becoming entangled in a drapery cord in his Damascus, Maryland home. Thapelo Andre Kwofie’s parents found him unconscious at around 3pm. They administered CPR to him before an ambulance arrived to take him to the hospital. He was pronounced dead soon after his arrival at Shady Grove Hospital.

Montgomery County, Maryland police are investigating the tragic accident.

Window Cord-Strangulation Accidents
According to the Consumer Product Safety Commission, about one child (7 months to age 10) dies and another is nearly strangled in window-cord strangulation accidents every year. Window cords for blinds and drapes are considered a strangulation hazard for kids.

Young kids can easily get entangled in either the inner cords for raising blinds or pull cords. The cord can form a loop around the child’s neck that can cause strangulation.

Drapery cords that cause serious injury or death can be grounds for suing the drapery maker for products liability. Product manufacturers are supposed to make sure their products do not pose an injury hazard to anyone. An experienced Maryland products liability lawyer can help you determine whether you have grounds for an injury case.

Just last August, the CPSC recalled some 5.5 million window shades and blinds following several reports of child strangulation deaths and injuries.

Other products that have been known to cause strangulation injury or death to kids:

• Cribs
• Strollers
• Clothing with drawstrings
• Toys or infant products that come with cords or strings

Strangulation injuries can also result in traumatic brain injuries for those who survive.

Damascus toddler dies after caught in drapery cord, Gazette.net, November 4, 2009

5.5M window covers recalled after child deaths, MSNBC, August 26, 2009

Related Web Resources:
Window blind or drapery cords, .docstoc.com

nsumer Product Safety Commission

More than 15 years after Dontae and Searra Wallace’s mother moved them into a City Homes rental in an effort to protect them from additional lead exposure, a Maryland jury has awarded the siblings over $2.5 million for their Baltimore personal injuries caused by lead poisoning.

Searra, 17, and Dontae, 20, sustained permanent behavioral and cognitive disabilities. They are unlikely to graduate from high school or get a GED, and their IQ’s are below average. Dontae dropped out of school four years ago and Searra failed two grades.

Their mother, Tiffini, says that the family moved out of a rental that used lead paint into a City Homes Inc. home. She says the nonprofit group told her the Baltimore City row house was safe.

Witnesses for the plaintiffs, however, say that while the lead paint was contained to a certain degree, the kids were still exposed to lead. There were paint flakes and chips in several areas of the residence. One wall got wet during storms, and rats that chewed on walls left behind lead dust.

The defendants of the Maryland lead paint lawsuit, City Homes and its president Barry Mankowitz, have said that the home the Wallaces were living in were inspected before and after the family lived there. They claimed that the Wallace siblings have disabilities because they were exposed to dangerous levels of lead before they moved into the City Homes residence.

Tiffini moved the family into the home on Booth Street after joining a Kennedy Krieger Institute Inc. study. The study has been criticized for persuading parents to live in residences where lead was contained in varying levels so that researchers could find out whether there were less costly means to protect kids from lead poisoning.

We now know that even the smallest exposure to lead can cause children to suffer from lead poisoning, which can be detrimental to their cognitive and behavioral development. Lead paint in a home is a Maryland premises liability.

The jury found City Homes and its president Barry Mankowitz guilty of negligent misrepresentation and negligence. They awarded Searra $1.3 million and Dontae $1.2 million.

$2.5 million awarded in lead-paint lawsuit, Baltimore Sun, November 4, 2009

Baltimore City Lead Paint Lawsuit Results in $2.5M Verdict, About Lawsuits, November 5, 2009

Related Web Resources:
Environmental Protection Agency

What You Should Know About Lead Based Paint in Your Home: Safety Alert, Consumer Product Safety Commission

A young bicyclist sustained a head injury and leg fractures when he was injured in a Maryland bicycle accident in Washington County on August 30. 8-year-old David Greeley, a 3rd grader at Fountain Rock Elementary School, was admitted to the intensive care unit at Children’s National Medical Center in Washington DC where he underwent several surgery and received a number of blood transfusions.

The Maryland bicycle crash occurred in the early evening. Reports indicate that the driver, Fairplay resident Meghann Marie Weaver, was going over the crest of a hill when she hit the boy. The 21-year-old motorist is charged with reckless driving, driving at a speed greater than reasonable, and negligent driving.

Greeley’s family is asking for donations to help pay for the costly medical care he has received and will likely need.

According to researchers at Nationwide Children’s Hospital:

• More than half of the 85 million cyclists in the US are minors.
• About 10,700 children are hospitalized/year for about 3 days for injuries they sustained during bicycle accidents.
• The child recreational sport that results in the most ER visits each year is bicycle riding.
• 1/3rd of child bicycle accident victims suffered from traumatic brain injuries.

Sending your child out into the world on their own at any age is never easy. It can be especially devastating if your son or daughter was injured in a Maryland bicycle accident because a driver was negligent, careless, made a mistake, or wasn’t paying attention.

The medical costs for surgery, physical therapy, and other recovery services can be daunting—especially when coping with your child’s pain and suffering, as well as your own.

Driver of vehicle that struck boy is charged, The Herald-Mail, August 31, 2009

Pediatric Bicycle-related Injuries Result in Nearly $200 Million in Hospital Charges Annually, Newswise, October 15, 2007

Bicycles, Department of Transportation Highway and Safety Administration

Continue reading "8-Year-Old Boy Sustains Serious Injuries in Maryland Bicycle Accident" »

Yesterday, the parents of James Becker filed a $40 million Maryland personal injury lawsuit against the Woodcroft Swim Club and D.R.D. Pool Management Inc. They are accusing the defendants of failing to recognize and respond in timely manner to their son’s near drowning accident on July 29, 2006 and of neglecting to properly resuscitate him.

According to plaintiffs Mary Becker and William J. Becker III, James, then 15, was deprived of adequate oxygen to his brain for approximately 10 minutes. Paramedics arrived at the scene 13 minutes after the teenager was discovered without a pulse. By the time that they could feel James’s pulse, he had already sustained a traumatic brain injury.

The Becker family is seeking $36 million for James, who will require special care for the rest of his life, $3 million for expenses his parents have incurred as a result of his traumatic brain injury, and $1 million for Mary Becker, who experienced the trauma of seeing her son almost drown in the pool.

James, now 18, attends a special school for children who are developmentally disabled or have special needs. He is severely disabled, unable to speak, and must use a wheelchair. He should have been attending college this year.

The attorney representing the defendants says that James sustained a traumatic brain injury not because he almost drowned but because he had a heart attack while in the pool. The defendants deny any negligence on their part.

Near-Drowning Accidents
Near drowning accidents can lead to permanent traumatic brain injuries. This type of injury occurs when the brain is deprived of oxygen for an extended amount of time. Sometimes, it can take several years to know the full effects of a brain injury sustained during a near drowning accident.

Caring for someone with a traumatic brain injury can be very costly. It can also be devastating for the victim, who may no longer be able to live a normal life.

Youth's parents sue swim club for brain damage, The Baltimore Sun, July 24, 2009

Family Of Injured Teen Sues Swim Club For $40M, WBALTV.com, July 23, 2009

Related Web Resources:
Water-Related Injuries: Fact Sheet, CDC

Injury Facts Drowning, Safe Kids USA