December 28, 2011

Woman Dies in Elevator Malfunction in New York Office Building

555709_47311532_12282011.jpgA tragic malfunction in an elevator in Midtown Manhattan has left one woman dead and a city in shock. On the morning of December 14, 2011, 41 year-old Suzanne Hart was entering the elevator on the way to her job at an advertising firm at 285 Madison Avenue. While she had one foot in the elevator, it suddenly lurched upward, dragging her with it. The elevator stopped between the first and second floors, with her trapped between the elevator and the wall. Two other passengers in the elevator were unhurt but trapped there for an hour. Rescuers pronounced Hart dead at the scene, but could not remove her body for several more hours.

No definitive explanation for what happened has appeared yet. Some sort of electrical malfunction may be the most likely culprit, but the incident has had a profound impact on a city dependent on elevators. According to the New York Times, New York City has over 60,000 elevators. There were fifty-three accidents involving elevators last year, but only three were fatal. Hart’s death turned a mundane, everyday activity into something terrifying. Other daily activities, such as driving a car, have known risks and well-publicized dangers, but an elevator ride seems to hold a particular resonance for many people.

The city’s Department of Buildings is conducting an investigation of the incident. The building has remained closed since the day of the accident, but is expected to reopen in January 2012. A spokesperson for the Department said that the accident had raised “structural concerns” for the entire building, an indicator of the force of the elevator’s movement. Transel Elevator, Inc., which services elevators all over the city and acknowledges doing electrical maintenance work on that particular elevator several hours before the accident, is a focus of the investigation. The biggest mystery for investigators, according to CBS News, is why all of the elevator’s safeguards seem to have failed at once. Elevators have safety mechanisms that should prevent them from moving while the doors are open. These mechanisms have several backups, but none of them worked that morning.

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December 12, 2011

Maryland Court Strikes Down State Lead Paint Law

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.

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October 6, 2011

Lawsuit Alleges Deliberate Exposure of Baltimore Children to Lead Poisoning

A lawsuit filed on September 15, 2011 alleges that the Kennedy Krieger Institute, a Baltimore research facility associated with Johns Hopkins University that cares for disabled children, exposed multiple children to lead poisoning during a study of lead paint conducted by the Institute in the 1990s. The class action suit alleges negligence, battery, fraud, and violations of Maryland’s consumer protection act. The number of children, many of whom would now be adults, who may be involved in the suit is not yet known.

chipaint10062011.jpgThe study, conducted from 1993 to 1999, looked for a cost-effective method to abate lead in children’s blood levels. Part of the study involved moving families into subsidized homes with varying levels of treatment to reduce exposure to lead paint and dust. Some homes had full removal of lead paint, and some had other remedial measures. The families included children ages 12 months to 5 years. Researchers would collect dust and water samples from the houses and blood samples from the residents over a 2-year period to compare the effectiveness of different methods at reducing lead exposure.

The lawsuit alleges that children received dangerous levels of exposure to lead in paint and dust in the houses used in the study. Researchers from the Institute allegedly assured the families that the homes were “lead safe,” and did not specifically disclose the potential dangers of lead exposure. The lawsuit further alleges that the Institute did not provide any medical treatment to participating children. Some children reportedly suffer permanent neurological injuries because of the exposure, lack of warning, and lack of treatment.

This lawsuit is only the latest in a larger legal battle related to this study. Another lawsuit reached the Maryland Court of Appeals in 2001, when the court drew a comparison between this study and the Tuskegee experiments of the early- to mid-20th century. The Tuskegee experiment deliberately withheld treatment for syphilis from African-American men who participated in the study, leading to considerable suffering and preventable deaths. The Institute still disputes this comparison.

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September 20, 2007

Lead Paint Discovered on Washington D.C. Park Fence Near Where Hundreds of Kids Play

A Washington D.C. television news team from 9NEWS NOW has found lead on a park fence at the Friendship Recreation Center Park located on Van Ness Street. The team took paint samples and sent it to the GPL Lab. The lab, located in Frederick, Maryland, also does tests for the Environmental Protection Agency (EPA).

GPL experts say that the paint consists of 9.3% lead, which is considered a high concentration in paint chips. GPL said that this probably makes the fence a hazard. Hundreds of children play in the park regularly and may be at risk of sustaining lead poisoning or have already been injured or become ill as a result of exposure to the lead on the paint. Any injuries or death could be grounds for a personal injury or wrongful death claim or lawsuit against any negligent parties.

Department of the Environment has sent a risk assessor to get more samples from the fence. He says that he wants to determine if other park fences in D.C. also contain lead paint.

Lead paint has been banned in the U.S. since 1978. However, there are homes and other properties that were built before that year that may still have lead paint.

Lead poisoning can occur if a child ingests small chips of paint. There have been cases of lead poisoning that have been reported where infants became injured or died after chewing or sucking on a surface, such as a toy, that had lead paint. More than 50% or kids residing in urban areas are exposed to lead. Over 4% of children have lead poisoning. It can take years before medical problems attributed to lead poisoning can appear in children.

Injuries in children from lead poisoning can include kidney disease, brain damage, and learning disabilities. Swallowing just a one-inch paint chip can result in permanent brain damage.

If you or your child is injured or ill because you were exposed to lead, an experienced personal injury attorney can investigate your case and file a claim against any negligent parties. Negligent parties in a lead poisoning injury case might include, paint manufacturers, contractors, painters, real estate sellers, landlords, real estate brokers, the city or municipal government, toy manufacturers, toy companies, plumbers, and others.

Lead Paint Found On DC Park Fence Where Hundreds Play, WUSA9.com, August 21, 2007

Who is to Blame for Childhood Lead Poisoning?, Lead-info.com

Related Web Resources:

Friendship Recreation Center, Department of Parks and Recreation

Kids and Lead Poisoning, Familydoctor.org

Child Lead Poisoning and the Lead Industry, Sueleadindustry.homestead.com

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