Maryland Accident Law Blog

Three people sustained injuries in Towson when an elevator in the Baltimore Circuit Court building fell almost two feet between the first and ground floors.

Firefighters were able to manually open the door to rescue its passengers. One of the passengers, a man, was transported to Sinai Hospital as a precautionary measure. Two boys sustained minor injuries. All three injury victims involved in the elevator accident were at the courthouse to attend a wedding.

The Maryland Labor and Industry Commission says the state last inspected the elevator in January 2007 and only minor problems were found. The company in charge of maintaining the elevator, Otis Elevator, last inspected the elevator in July 2007.

Elevator Accidents
The Bureau of Labor Statistics says that there were 68 fatalities involving elevator accidents between 1992 and 2003. The Consumer Product Safety Commission reported 9,800 elevator injuries in 1994 involving victims be sent to hospitals.

Common Elevator Accidents:

• Sudden acceleration or deceleration of speed
• Sudden stops
• Stopping in between floors
• Failing to stop so that the bottom of the elevator- is level with the floor
• Falling elevator
• Getting struck by or caught between the elevator doors
• Trip accidents
• Fall accidents

Examples of Elevator Injuries:

• Cuts and scrapes
• Nerve lacerations
• Fractured bones
• Death

Property owners with elevators on their premises are obligated to make sure that the elevator is working properly and is up-to-date on all maintenance checks and repairs. Failure to fulfill these obligations can be grounds for a premises liability claim or lawsuit if a passenger is injured or killed.

Elevator Malfunction Injures Three, ABC2news.com, July 30, 2008

Three Hurt in Court Elevator Accident, Delmarvanow.com, July 30, 2008

Related Web Resource:

Deaths and Injuries involving Elevator Accidents, CPWR.com (PDF)

Continue reading "Three People Injured in Baltimore County When Elevator Falls" »

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.
• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents
Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008

Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Continue reading "Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries" »

A DC teenager, who was raped by a counselor at a Pennsylvania clinic in 2005, has filed a federal lawsuit suing Washington DC and nonprofit group KidsPeace Corporation for personal injury. The girl, who is a former ward of the city, had been consigned to the clinic, which is run by KidsPeace. In her lawsuit, the teenager says she was sent to the KidsPeace clinic despite reports of previous abuse incidents at the Pennsylvania site.

The plaintiff alleges that the city therefore plaid a role in allowing the brutal sexual assault incident to occur. KidsPeace counselor, Jerry McChristian, has admitted to raping the girl, and he pled guilty to institutional rape in 2006.

This is not the first report of children under welfare becoming the victims of abuse, and Washington DC has agreed to send less children to remote clinics. Just this month, a monitor appointed by the US Congress reported that children at a Florida clinic were being treated like “garbage.” DC officials only found out about the abuse through media reports. In 2007, schools Chancellor Michelle Rhee found out that several children under KidsPeace’s care had suffered broken arms while under “therapeutic restraint.” Rhee is no longer sending kids to KidsPeace clinics.

Sexual Assault Crimes and Negligent Security
If you were sexually assaulted on a premise, you may be able to hold the landlord, property owner, premise manager, or another party liable for the harm that you have suffered. Premise manager, owners, or any entities in charge are supposed to implement the proper safety measures to make sure that no physical or property crimes are committed so that visitors, patrons, patients, customers, and employees do not get hurt, assaulted, raped, robbed, or murdered while on a premise.

If there is has been a history of crimes committed on the premise or in the area, then the premise owner or manager must secure the property so that similar crimes cannot happen again. If you or your child has been placed under the care of a government entity, and you were injured because they were negligent in their hiring of staff or they failed to implement the proper safety/security measures, you may be able to sue the liable party or parties for personal injury.

Our Washington DC personal injury law firm can help you explore your legal options.

Teen sues D.C. for $10M, saying city put her in clinic where she was raped, Examiner.com, June 19, 2008

Ex-KidsPeace counselor admits to sex with teen, Isaccorp.org, July 20, 2006

Youth Counselor Sentenced in Sex Case, Action News, November 30, 2006

Related Web Resources:

KidsPeace lays off 79 employees, Mccall.com, October 20, 2007

Continue reading "Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic" »

In Maryland, Prince George’s County officials are trying to figure out how there managed to be an exposed live wire at a Chillum bus stop. A six-year-old girl suffered electrical shock and “severe” third-degree burns on Saturday after she grabbed the wire. She was taken to Children’s National Medical Center where she stayed overnight.

A lighted shelter had been removed from the bus stop in February following several incidents of vandalism, and Prince George County’s Department of Public Works and Transportation says that the electrical current was supposed to have been turned off.

Susan Hubbard, a spokesman for the department, says that the county’s contractors all say that the electricity was shut down. A Pepco crew capped the live wire after the electrical burn accident.

The owners of public and private premises are supposed to make sure that any unsafe hazards or defects on a property are removed or repaired. When failure to fulfill this duty of care results in personal injury or death, the injured party or their family can file a Maryland premises liability claim against the negligent party.

Electrical Burns
Burn injuries can be caused by being burned or shocked by an electrical source, such as a live wire, an electric plug, or an electrical cord. Third-degree burns are the most serious kind of burns, and they can result in serious tissue or nerve damage. On the surface, electrical burns may appear minor, when in fact, the internal damage can be deep and catastrophic.

If you or someone you love sustained electrical burn injuries or another kind of burn injury because a property owner, an electrical company, or another party was careless, one of our Maryland burn injury attorneys may be able to help you.

Girl, 6, Burned by Live Wire at Bus Stop, Washington Post, June 10, 2008

Burn Injuries, Shriners Hospital

Related Web Resource:

Prince George's County Maryland

Continue reading "Six-Year-Old Girl Suffers Third Degree Burns From Live Wire At Prince George’s County Bus Stop" »

In Maryland, the personal injury lawsuit filed by Edna "Peggy" Payton-Henderson, the mother of William "Tipper" Thomas III, the high school football player who became paralyzed from the waist down after being injured during a 2004 shooting at Randallstown High School parking lot, will be tried before a jury in Baltimore County. Maryland’s Court of Special Appeals’s decision upholds a lower court ruling to move the case to Towson in the “interest of justice” and because the location was more convenient for most of the witnesses.

The personal injury lawsuit names Randallstown High, the Baltimore County Police Department, the Baltimore Board of Education, two Baltimore police officers, and the two shooters who were convicted for firing a gun into a group of students. All of the defendants are accused of negligence and failure to prevent Thomas, who was shot in the neck, back, and lung, from getting hurt. The former high school athlete had planned to continue playing football at Morgan State University.

The shooting incident occurred in May 2004 following a charity basketball game. Four students were shot. Two gunmen are serving 50 and 100-year prison terms for the shooting. A third person, charged with bringing the weapon to school, will stand trial in the next few months.

Catastrophic Personal Injuries
If you or someone you love is paralyzed, has a traumatic brain injury, has a permanent disability or disfigurement, or is suffering from another catastrophic injury that was caused by someone else’s negligence, you should speak with a Maryland personal injury law firm that knows how to help you obtain recovery for your injuries.

Catastrophic injuries can affect your life forever, and there may be expensive and ongoing medical and care costs that you will have to pay for so that you can maintain some quality of life. The losses that can result from a catastrophic injury, such as the inability to work again or go to school or enjoy normal pleasures, such as recreational activities or being able to embrace your loved ones, cannot be quantified. There are, however, remedies available so that you can receive financial compensation for your losses, damages, pain and suffering, and medical costs.

County court to hear lawsuit in school shooting, BaltimoreSun.com, June 3, 2008

Sun coverage: Shooting at Randallstown High, BaltimoreSun.com

Related Web Resources:

Baltimore County Board of Education

Continue reading "Maryland Personal Injury Lawsuit For Paralysis Injury Sustained In 2004 Randallstown High School Shooting Will Be Tried in Baltimore County" »

Former Yale Law School Professor Robert Bork has agreed to a $1 million slip and fall lawsuit he had filed for injuries he suffered at the Yale Club of New York City in 2006. The details of the settlement are confidential.

Bork injured himself at the alumni social club when he fell while stepping onto a dais to make a speech. He filed the million-dollar lawsuit because he said that the club acted negligently when it failed to provide him stairs or a handrail that he could use while mounting the stage.

The 81-year-old one-time Supreme Court nominee says that he experienced excruciating pain from the large hematoma that formed on his leg as a result of the fall accident. Bork says he underwent months of medical care and surgery.

Yale Club’s lawyers had placed part of the blame with Bork because he had tried to climb onstage.

Bork was a law professor at Yale Law School from 1962 to 1982. His nomination to become a Supreme Court judge in 1987 fell through after Senate Democrats rejected his conservative judicial record.

Slip and Fall Accidents
If you are someone that has sustained serious injuries because you slipped or tripped and fell on someone else’s premise and the owner of the premise could have taken steps to prevent the accident from happening, you may be able to file a personal injury claim or lawsuit against the negligent party.

Slip and fall accidents can lead to painful and serious injuries, including broken bones, dislocated hips, back injuries, head injuries, spinal cord injuries, and traumatic brain injuries. Many injuries sustained in fall accidents can take weeks or months of recovery.

In Maryland and Washington D.C., our premises liability law firm has successfully dealt with many kinds of slip/trip and fall accident cases for our clients and we know how to properly investigate and pursue your case so you can obtain the financial recovery that you need to heal.

Yale Club settles ex-nominee Bork's suit over 2006 stumble, Washington Post, May 9, 2008

Bork settles lawsuit in fall at Yale Club, Newsday.com, May 9, 2008

Related Web Resources:

Read the Lawsuit (PDF)

Yale Club of New York City

Continue reading "Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club " »

The District is suing the 23 property owners of 71 rental buildings (46 rental homes and 25 apartment buildings) for “egregious” code violations. It is also demanding that 13 of the properties be declared “public nuisances” so that repairs are made immediately.

Washington D.C. Mayor Adrian M. Fenty says the lawsuit does not even name all of the egregious properties in the District. D.C. officials say that the lawsuit comes after years of trying to get landlords to improve the conditions on their properties through fines, requests, demands, and civil lawsuits filed by the DC Department of Consumer and Regulatory Affairs.

The owners of the 58 building that have not been placed in receivership reportedly have a history of refusing to make the necessary building repairs or secure the proper licenses to rent out their properties. The lawsuit is intended to force the owners into compliance.

Leaks, pest infestations, mold, and inadequate security are some of the conditions on a number of the premises that require repair or remedy. Because many of the tenants are poor and/or are immigrants, the the landlords may not feel as much pressure to make the necessary repairs. Other landlords reportedly allow the conditions on their properties to deteriorate so that their tenants are forced out due to “eviction by neglect” and the buildings can be rebuilt into upscale housing without violating any tenant conversion laws.

Unfortunately, poor and unsafe conditions on a rental property can pose a health and/or danger risk to tenants and their visitors. Inadequate security can lead to residents becoming the victims of crimes, including sexual assault, physical assault, murder, and robbery.

Not making the proper repairs on a property can lead to slip and fall accidents, electrocution accidents, fires, asbestos or lead paint hazards, and other premises liability-related accidents or dangers.

If you have been injured or someone you love has died on another person’s property because of the property owner’s negligence or carelessness, our Washington D.C. personal injury law firm would like to talk to you.

District Sues 23 Landlords for Code Violations, WashingtonPost.com, April 5, 2008

Premises Liability Overview, Justia

Related Web Resources:

Renter's Rights and Responsibilities: The Basics, Virginia State University

Tips on Renting in the District of Columbia, Washington Post

Continue reading "Washington D.C. Cracks Down On 23 Landlords with Lawsuit for Code Violations Due To Poor Conditions on the Premises" »

In Baltimore Circuit Court on Tuesday, 16 Ruth’s Chris Steak House employees filed a $64 million personal injury lawsuit against TPOB Pier Five LLC, the company that owns the Pier 5 Hotel where the Inner Harbor steak restaurant is located. The plaintiffs claim that they were hospitalized because they were exposed to high levels of carbon monoxide while working at the restaurant. Ruth's Chris is not named as a defendant in the lawsuit because Maryland’s workers’ compensation laws prevent employees from suing their employers.

Each plaintiff is asking for $2 million in punitive damages and $2 million in compensatory damages. The lawsuit is accusing the owners and operator of the hotel of “wanton and reckless” acts and disregarding the health and safety of employees.

The cause of the leak was a crack in the boiler’s heat exchanger. The plaintiffs say that the improper maintenance and operation of the boiler cause the leak to occur for weeks until it was discovered on February 2. Employees reportedly suffered headaches in the weeks prior to the evacuation.

On February 2, the Ruth’s Chris Steak House was evacuated because workers began experiencing nausea, dizziness, and to feel faint. According to the Baltimore Fire Department, the concentration of carbon monoxide in the air was 400 parts per million—exposure to this much carbon monoxide can be deadly. Usually, a carbon monoxide reading of 100 parts per million warrants an evacuation from a premise.

Our Maryland and Washington D.C. personal injury law firm handles injury cases throughout both states, including claims and lawsuits involving premises liability, defective products, and exposure to hazardous substances. Even if you have been injured on the job, there may be a third-party that is not your employer whose negligence led to your injury accident.

Health Problems Caused by Exposure to Carbon Monoxide Include:

• Fatigue
• Dizziness
• Vision problems
• Nausea
• Confusion
• Flu-like symptoms
• Reduced brain function
• Angina
• Death

Restaurant employees sue over carbon monoxide leak, USA Today, February 27, 2008

Carbon Monoxide, EPA.gov

Related Web Resources:

People Sickened In Separate CO Incidents, WZJ.com, February 4, 2008

150 evacuated from steakhouse, Baltimore Sun, February 3, 2008

Carbon Monoxide Q & A, CPSC.gov

Continue reading "Ruth’s Chris Steak House Employees in Baltimore, Maryland File $64 Million Personal Injury Lawsuit Over Carbon Monoxide Leak" »

In Maryland’s U.S. District Court in Baltimore, Pennsylvania resident Yvonne Boughter filed a wrongful death lawsuit over the carbon monoxide deaths of her husband, Patrick J. Boughter, 40, and his 10-year-old daughter Kelly. She is seeking $30 million in damages.

The Boughter’s, from Lebanon, Pennsylvania, were staying at the Days Inn motel on 23rd Street in Ocean City in June 2006 when the accident occurred. An investigation into the deaths found that gas was able to enter the room they were staying in through a disconnected water heater pipe in the basement. The exposure to the gas killed Patrick and Kelly. Yvonne and their daughter Morgan survived.

Defendants named in the case are Bay Shore Development Corp, Heat Transfer Products Inc., R.E. Michel Co. Inc., and All About Plumbing. Bay Shore owns the motel. Heat Transfer Products made the water heater. R.E. Michaels sold the water heater to Bay Shore. All About Plumbing installed the water heater in the hotel. Wyndham Hotel Group is the parent company of the Days Inn.

Boughter is asking for $20 million in compensatory damages and $10 million in punitive damages. Loss of family and future income from Patrick’s job as a welder were considered by the plaintiff when calculating an amount.

The lawsuit comes after an extensive probe into the deadly accident, as well as another carbon monoxide leak that occurred at the Days Inn in 2005.

Premises Liability and Products Liability
Hotel owners are supposed to ensure that there are no unsafe conditions on their premise that could harm visitors or guests. They can be held liable for personal injury or wrongful death if someone is seriously hurt or died from a hazardous condition on the property.

Manufacturers, sellers, and distributors of a defective product can also be held for products liability if a consumer was injured or killed by that product.

In Maryland and Washington D.C., one of our experienced personal injury lawyers would be happy to discuss your case.

Carbon Monoxide Poisoning
Carbon Monoxide (CO), often referred to as “the silent killer,” is the number one cause of accidental poisoning fatalities in the United States. The Centers for Disease Control says that 15,000 people visit the hospital every year due to carbon monoxide poisoning. About 500 CO poisoning deaths occur annually.

Some Sources of Carbon Monoxide:
• Charcoal grills
• Gas water heaters
• Propane heaters
• Propane stoves
• Cigarette smoke
• Generators powered by gasoline and diesel
• A boat run by an engine
• Paint removers
• Spray paint
• Degreasers
• Solvents

Widow sues OC hotel over carbon monoxide deaths, MDDailyrecord.com, February 19, 2008

Wrongful death suit filed in resort carbon monoxide deaths, Examiner.com, February 20, 2008

Related Web Resource:

Carbon Monoxide Poisoning, EMedicineHealth

Continue reading "Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter " »

The National Transportation Safety Board says that a design flaw is what led to undersized gusset plates holding the steel beams on Interstate 35-W bridge in Minneapolis, Minnesota to snap and the bridge to collapse into the Mississippi River last August. More than 100 people were injured and 13 others were killed.

According to NTSB Chairman Mark V. Rosenker, investigators discovered 16 fractured gusset plates—which were reportedly half the thickness that they need to be and were installed that way. Rosenker said investigators could not locate the design calculations to determine the source of the design flaw. He also stated that there was no evidence to indicate that corrosion, cracking, or other wear was responsible for the bridge collapse.

Investigators have suggested that a construction going on at the bridge at the time of the accident may have been put much weight and pressure on the bridge's structure.

After the accident in August, Minnesota officials said that the eight-lane bridge, open since 1967, had passed inspections for years—albeit without flying colors. During a 2006 inspection, the Minneapolis Bridge rated a 4 out of 9 for its supporting structure, which was in reportedly poor condition.

As far back as 1990, the federal government had categorized the bridge as structurally deficient. The bridge, like many bridges built in the 1950’s and 1960’s, was missing the redundant protection needed to reduce the types of single structural failures that can cause the bridge to come crashing down.

When flaws in the design of a product results in serious injuries, the manufacturer of the product, the companies that installed or made the product available for use, and the person responsible for authorizing the product’s use can be held liable in a products liability lawsuit.

The owner of an unsafe premise—whether public or private—can also be held liable if a person is injured on a property because the premise itself or a condition on the premise was unsafe, hazardous, or improperly maintained. A premises liability lawsuit may even name a local, state, or federal government entity if the plaintiff has grounds to hold them responsible for the injuries or deaths.

NTSB: Minneapolis bridge that collapsed had design flaw, CNN.com, January 15, 2008

Design Flaw Said to Have Caused Minn. Bridge to Collapse, Washington Post, January 15, 2008

Minneapolis Bridge Had Passed Inspections, New York Times, August 3, 2007

Related Web Resource:

National Transportation Safety Board

Continue reading "NTSB Says Design Error Caused Deadly 2007 Minneapolis Bridge Collapse" »

A teenager was stabbed in the arm on a Maryland Transit Administration bus No. 51 in Maryland yesterday. Baltimore police arrested two juveniles in connection to the assault. The assault occurred near Mondawmin Mall when a fight broke out in the back of the bus.

The bus driver pressed the emergency alarm button to alert MTA and Baltimore police. The girl ran away from the bus and was later found by police.

This was the third attack on a Maryland bus this month. Last week, two men were attacked by five others on MTA Bus 64. On December 4, several black teenagers attacked a white couple on an MTA bus in Hampden. The attack left 26-year-old Sarah Kreager seriously injured. Nine juveniles were charged in the December 4 attack.

If you are a victim of a crime on a bus and the bus company did not put in place the proper safety measures to prevent your crime from occurring—especially if similar crimes had recently been committed on other buses in the area—you may be able to file a personal injury claim or lawsuit against the bus company.

You should speak with an experienced Maryland personal injury lawyer right away. That said, filing any kind of personal injury lawsuit against a bus, a bus driver, or a bus company—especially a public bus—can be complicated. This is why you need to work with a personal injury attorney who knows how to handle these types of cases.

Victims of crimes that occur on another person’s property due to inadequate security can be grounds for a premises liability lawsuit against the negligent property owner. The proprietor or owner of a premise or building must take steps to ensure that the property is safe for residents, visitors, employees, and patrons.

A person also may be able to file an inadequate security if he or she was injured due to insufficient security at a shopping mall, amusement park, office building, apartment building, convenient store, restaurant, or on a cruise ship, elevator, or bus.

Teenage girl stabbed on MTA bus, Baltimore Sun, December 19, 2007

Surveillance Photos Released In MTA Bus Attack, WJZ.com, December 15, 2007

Related Web Resource:

Maryland Transit Administration

Continue reading "Maryland Girl is Third Attack Victim on an MTA Bus This Month" »

The family of Shirley Cooper, a 72-year-old Baltimore resident who was murdered at the Temple Gardens apartment complex, has filed a $14 million wrongful death lawsuit against ETG Associates and Roizman Development because of the inadequate security that allegedly allowed an intruder to kill Shirley on June 2.

The attacker stabbed Shirley Cooper multiple times at her home. Her son, Leo Cooper, found her body. No arrests were made and police in Maryland closed the case when their number one suspect was discovered dead. The $14 million figure was chosen to symbolize the number of times Cooper’s assailant stabbed her.

The wrongful death lawsuit claims that the intruder was able to enter Cooper’s apartment because of lax security. The entryway through which the murderer came in was not monitored and security cameras in the building were either not operating correctly or were improperly installed.

The owners and managers of apartment complexes, senior residents, hospitals, shopping malls, parking lots, banks, restaurants, cafes, grocery stores, motels, hotels, office buildings, and other privately and publicly owned premises are supposed to ensure that proper safety precautions are in place to prevent visitors, patrons, customers, or residents from getting hurt while on their premise.

Failure to do so can be grounds for a premises liability claim or lawsuit if someone is injured in a crime that was committed due to inadequate security—especially if the owner of the property had been warned of potential problems before the crime occurred. A wrongful death lawsuit may result if the crime victim dies.

Crimes leading to injuries that occurred on a premise due to inadequate security include robbery, physical assault, sexual assault rape, assault involving a deadly weapon, and murder. Stab wounds, gunshot wounds, traumatic brain injuries, spinal cord injuries, bruises and scratches, sexual assault-related injuries, mental trauma, emotional anguish, and wrongful death are some of the injuries that can result in an inadequate security-related crime.

Family files $14M lawsuit over security, Examiner.com, November 15, 2007

Suing the Landlord: Negligent-security suits present problems of proof, causation, The Daily Record, December 9, 2007

Related Web Resources:

Inadequate Security: The New Liability Crisis

Continue reading "Family of Murdered Baltimore Woman Files $14 Million Wrongful Death Lawsuit " »

The Baltimore school system in Maryland is dropping its appeal against the personal injury lawsuit filed by the mother of a 12-year-old girl that alleges that seven boys in a special education math class sexually assaulted her daughter in 2002.

Bridget Banks, the girl’s mother, says that on November 27, 2002, she received a voice message telling her that her daughter, who had previously been diagnosed with mild mental retardation, had been suspended from school.

The woman found her daughter at home. She says her daughter could not speak, her hair was a mess, and her shirt was ripped. She made her daughter tell her what happened. She then called the Baltimore police.

The girl, now 17 years of age, has been treated at mental facilities 21 times since the attack occurred. She also was diagnosed with post-traumatic stress disorder, had violent nightmares, and became suicidal. She now lives in a special home for vulnerable adults.

As part of their appeal, the schools had alleged that the girl had provoked the assault, which took place in the special education classroom at Southeast Middle School. The teacher reportedly was in the room but did not stop the attack. She was the only girl in a class with nine boys.

The lawsuit says that a number of boys started fondling her breasts. She called out to the teacher but was ignored. Seven of the boys pinned her to the ground and tried to pull her underwear off. She managed to push them away. At the principal’s office, a number of the boys contradicted her story and claimed she had “asked for it.” The girl was suspended.

By law, schools in Maryland must report any allegations of sexual assault. Southeast Middle School did not file a report with police.

The jury awarded Banks and her daughter $135,000 for medical expenses, pain, and suffering. The school system will pay the girl and her mother $100,000, which is the maximum allowed under state law for this type of personal injury case. Until this year, the school had covered all the costs of long-term mental facility placements.

Schools are supposed to ensure that children on their premises are safe from harm, including physical assault, robbery, injury, sexual assault, and wrongful death. If you or child was injured at a school, a good personal injury lawyer can help you determine whether you have grounds to file a premises liability claim or another kind of personal claim or lawsuit.

Schools stop fighting $100,000 judgment, Baltimore Sun, December 1, 2007

'When she yelled for help, no one did anything', Baltimore Sun, November 25, 2007

Related Web Resource:

Are Schools More Afraid of Lawsuits than They Should Be?, Christian Science Monitor, May 27, 2003

Continue reading "Baltimore School System Drops Appeal and Will Pay $100,000 Judgment to Girl Sexually Assaulted in Maryland Classroom " »