Maryland Accident Law Blog

5-Year-Old Stevensville Boy Dies After Being Struck by Car in Anne Arundel County, Maryland

August 24, 2007 | Lebowitz & Mzhen

Colin Matthew Cunningham, a 5-year-old boy, died on Saturday after being struck by a car. The Stevensville boy was running after a group of teenagers when he ran in front of a Jeep Wrangler on Whispering Woods Drive in a townhouse community in Annapolis.

According to police, seven teenagers had crossed the street to play football in a nearby open area. Colin ran after them. After the accident, he was taken to Johns Hopkins Children’s Hospital and later declared dead.

The 18-year-old driver of the Jeep had her 16-year-old neighbor and 14-year-old sister in the car with her. She stopped right after hitting the Colin.

Authorities say that the alcohol did not play a part in the car accident, but they would investigate whether she had been speeding.

Statistically, children—especially boys 5 to 9 years of age—are at great risk of being hit by a motor vehicle in a pedestrian accident. Many pedestrian accidents involving young children take place close to their homes, and pedestrian fatalities is one of the leading causes of injury and death for children.

Children frequently don’t have a great sense of danger. They also are not easily able to judge how fast an oncoming car is going. They also can be very impulsive and may run into the street without looking to see if a car is coming.

Saferoutesinfo.org offers a number of safety tips for children that are old enough to cross the street without adult supervision, including:

• Choose the route with the fewest streets to cross.
• Avoid crossing busy or high-speed streets.
• Be more visible to drivers by wearing bright clothing in the daytime.
• Always look for motor vehicles.
• Do not cross behind or within 10 feet of the front of a bus or other large motor vehicle because the driver can not see this area.
• Stop at the edges of driveways and curbs or edges of the street where no curb exists and look for motor vehicles before proceeding.
• Watch for parked motor vehicles that may be getting ready to back up or pull forward.
• Walk, don’t run, across the street.
• If crossing the street at an intersection:
o Obey traffic signs and signals.
o When the signal indicates it is time to cross, check for motor vehicles. Drivers may not obey the rules and turning drivers may not look for pedestrians.

• Look to see if motor vehicles are coming.

Although children need to be careful when crossing the street, it is still the responsibility of car drivers, bus drivers, truck drivers, and motorcycle riders to exercise extreme caution when operating their motor vehicles.

If your child has been injured or killed in a pedestrian accident because a driver acted negligently by speeding, driving under the influence of drugs, or for any other reason, your child and your family are entitled to recovery compensation for pain, injuries, suffering, and other related losses.

Stevensville boy, 5, dies after being hit by car, Baltimoresun.com, August 20, 2007
Key Messages For Children, Saferoutesinfo.org
Pedestrian safety for kids and parents, Safety and Consumer Protection

Related Web Resources:

National Strategies for Advancing Child Pedestrian Safety, Federal Highway Administration

Pedestrian Injuries to Young Children

Two Construction Workers are Seriously Injured in D.C. Construction Accident

August 22, 2007 | Lebowitz & Mzhen

Two men were injured while working at a construction site in Washington D.C. on Tuesday.

The construction workers were working about 30 feet under the ground on a building project in the downtown area when they were struck by a steal beam that they were lowering.

One of the workers was struck on the head. The other worker was hit on the back. Alan Etter, the DC Fire and EMS Spokesman says that the injuries are critical but not fatal.

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation is provided by employers for employees that are injured at work. A good personal injury attorney can make sure that you get the full range of benefits under the workers’ compensation package that you are entitled to.

By accepting benefits under workers’ compensation, you are waiving the right to sue your employer for personal injury. However, there may be other liable third parties involved, such as contractors, the manufacturers of defective construction tools or machinery, and building designers or architects.

An experienced personal injury attorney can examine the circumstances surrounding your construction injury and determine whether any other parties can be held financially and civilly responsible for your accident and recovery costs.

The Bureau of Labor Statistics says that in 2003:

• 155,420 construction accidents took place in the U.S.
• Out of every 10 construction workers, 1 person will get hurt on the job.
• The majority of the construction workers who were injured missed over 31 workdays.
• Defective construction materials and using construction tools/machinery are two of the most common causes of injuries at construction sites.

• The most common areas where construction workers are injured are their backs and trunks.

Two Men Injured in Construction Accident, NBC4.com, August 21, 2007
Bureau of Labor Statistics, U.S. Department of Labor

The US Consumer Product Safety Commission Issues Warning Against College Dorm Fires and Resulting Student Injuries and Deaths

August 21, 2007 | Lebowitz & Mzhen

At the University of Maryland in College Park, the US Consumer Product Safety Commission issued a national warning cautioning college students to be careful about fires on campus.

The US Consumer Product Safety Commission chose the University of Maryland at College Park as the venue for issuing the warning because it is known as a leader in fire safety.

The National Fire Protection Association says that each year, 46 students sustain burn injuries in college fires, while about 7 students end up dead. Property damage is about $25 million annually.

The top causes of college fires are burning candles and cooking.

In the last two years, two people have died in Maryland in college-related fires—both fires occurred off campus.

The NFPA and CPSC say:

• Most college fires that result in injuries take place in sleeping areas.

• Electrical products, halogen lamps, and portable headers are common causes of college fires.

The U.S. Fire Administration cites numerous causes of college-related fires, including:

• Improper use of 911 notification systems delays emergency response.
• Student apathy is prevalent. Many of us are unaware that fire is a risk or threat in the environment.
• Evacuation efforts are hindered since fire alarms are often ignored.
• Building evacuations are delayed due to lack of preparation and preplanning.
• Vandalized and improperly maintained smoke alarms and fire alarm systems inhibit early detection of fires.

• Misuse of cooking appliances, overloaded electrical circuits and extension cords increase the risk of fires.

Fires can lead to serious burn injuries that can result in nerve damage, scarring, disfigurement, great pain, psychological and emotional trauma, and other catastrophic injuries.

If you or someone you love was seriously injured in a fire in Maryland or Washington D.C. because another party was negligent, you should speak to a personal injury attorney right away.

College Dorm Fires On The Rise, WJz.com, August 21, 2007
Fire Safety 101: Colleges and Universities, US Fire Administration

Related Web Resources:

Get Out and Stay Alive: A Program for College Campus and Student Fire Safety, FEMA (PDF)

US Consumer Product Safety Commission

Preliminary Reports Say Plane Crash In Hollywood, Maryland Was Caused by Mechanical Problems

August 17, 2007 | Lebowitz & Mzhen

Early reports from the August 9 plane crash on Lawrence Hayden Road in Hollywood, Maryland, say that the Piper PA-22-160 immediately began experiencing mechanical difficulties shortly after takeoff. The single engine fixed wing aircraft was unable to go back and land at the airport, and the pilot had to emergency land the plane in an open field.

Pilot Gerald Nance, his son Gerald Nance, Jr., and his mother Agnes Nance were able to get out of the plane before it became enveloped in flames. Mrs. Nance was taken to the R Adams Cowley Shock Trauma Center in Baltimore where she later died from her injuries.

The plane did not hit any buildings or homes as it was landing.

Aviation accident law oversees plane crash accidents involving large air carriers and airlines, helicopters, small planes, private jets, corporate planes, charter flights, and pleasure aircrafts.

Some common causes of plane crashes include:

• Faulty equipment
• Mechanical failures
• Pilot error
• Negligence by a third party, whether the person who chose a particular carrier or any organization or person connected to the running, maintenance, design, or manufacture of the plane
• FAA violations
• Negligence by the air traffic controller

Plane crashes often result in fatalities, and the people who do survive a plane crash—often with serious injuries—are very fortunate.

If you or someone you love has been seriously injured in a plane crash that was caused because another party was negligent or because of a product defect, you may have grounds to file a personal injury claim or a wrongful death lawsuit if you lost a loved one in a plane crash.

The airline company, the pilot, the manufacturer of the plane, maintenance operators, plane designers, and the U.S. government are just some of the parties that could be held liable—depending on the cause and circumstances surrounding a plane crash.

A good personal injury attorney will understand the different standards, rules, and laws involving airplanes and the different kinds of personal injury claims that can be brought. He or she can sort through the evidence and determine who can be held liable for your injuries and accident.

Two Hurt and One Killed in Plane Crash, Firehouse.com, August 16, 2007

Related Web Resources:

Plane Accidents Overview, Justia

Aviation Safety Network

Recent Accidents, Planecrashinfo.com

Mattel Voluntarily Recalls 9 Million Toys

August 14, 2007 | Lebowitz & Mzhen

Mattel, the maker of toys, such as Barbie and Dora, is voluntarily recalling nine million toys in the U.S. It is recalling 18.2 million magnetic toys around the world. Toys with magnets that can come off and are easily swallowed are among the toys being recalled.

Polly Pocket accessories and Polly Pocket Dolls make up 7 million of the toys being recalled. 680,000 Barbie and Tanner play sets, 1 million Doggie Daycare sets, and nearly 350,000 Batman and One Piece magnetic action figures are also being recalled.

The toys were manufactured between May 2003 and November 2006. Some accident reports name children who were seriously injured after they swallowed more than one magnet. Three children had to have surgery because they suffered internal perforations caused by the magnets sticking to each other.

Some 253,000 “Sarge” die-cast toys related to the movie “Cars” by Pixar were recalled because of dangerous levels of lead in the paint. Any “Sarge” toys that are recalled were sold between May 2007 and August 2007.

Mattel says it is going to review its testing procedures, which it claims are already very strict. It is the second recall for the toy company in two weeks.

Fisher-Price, another Mattel Company, recalled 1.5 million toys that had been manufactured in China because of lead paint concerns. Diego and Dora character, as well as Big Bird and Elmo characters were included in the recall.

The US Consumer Product Safety Commission (CPSC) and the National SAFE KIDS Campaign offer a number of 2003 statistics involving children and toy-related injuries, including:

Injury and death rates:
• Approximately 155,400 children, ages 14 and under, were treated at hospital emergency rooms for toy-related injuries in 2003. Nearly half of the children treated for these injuries were ages 4 and under.

• Most toy-related injuries do not require hospitalization (97 percent), however, in 2003, 11 children died due to toy-related injuries.

Causes:
• Injury from non-powered scooters is the leading cause of toy-related death.

• Sixty-four percent of toy-related deaths in 2003 were due to choking. About 71 percent of those deaths were attributed to toy balls.

Other causes of toy-related deaths include drowning, suffocation, and riding toy accidents (such as when a child is hit by a motor vehicle while riding a toy, or when the child rides a toy into a body of water).

A person who is injured because of a dangerous or defective toy or any other dangerous/defective product could have grounds to file a products liability claim or lawsuit against the negligent party.

Mattel recalls 9 million toys in U.S., CNN, August 14, 2007
Toy Safety – Injury Statistics and Incidence Rate, ChildrenSNYP.org

Related Web Resources:

List of Toys in Mattel Recall, Forbes.com, August 14, 2007
U.S. Consumer Product Safety Commission

Maryland Woman Sues Police Department Who Shot Her Family’s Pit Bill

August 13, 2007 | Lebowitz & Mzhen

An Edgewater woman is suing her county police department for more than $3 million after an Anne Arundel County police officer allegedly overreacted and killed her family’s beloved pit bull.

Deborah Ransom says that she and her teenaged daughter have “experienced fright, terror, panic, (and) sleeplessness” and sought counseling because of the traumatic event.

According to Ransom, on November 27, 2006, her 60-pound pet “enthusiastically and gently” pulled at Officer Adam Hinton’s sleeve. The cop then pulled out his gun and “maliciously” killed the pit bull, named Chopper, in the back. She and her daughter, Tiffany Hancock, were just five feet away.

A police department spokesman had previously justified the shooting, saying that the officer had been bitten on the leg and arm and was afraid he would be attacked again if he didn’t shoot the dog.

This is the third biting incident involving Chopper, who nipped at the sons of a neighbor in 2004 and bit a man in April 2006. The pit bull had been quarantined for 10 days after the second attack but was released into Ms. Ransom’s care on the condition that she adhere to certain restrictions, including neutering Chopper and placing him on a 4-foot leash and muzzling him anytime he left the house. He also had to be placed in a locked room or a kennel whenever there were visitors at Ransom’s house.

The personal injury lawsuit names Officer Hinton and Anne Arundel county officials as defendants. The lawsuit accuses Hinton of police misconduct, excessive force, and reckless behavior in the shooting of the dog and that he “intentionally caused or attempted to cause serious physical injury” to Ms. Ransom and Ms. Hancock. The county is also accused of unlawfully seizing Chopper, considered to be Ms. Ransom’s personal property.

Officer Hinton, who was treated at Anne Arundel Medical Center, sustained bruising and redness and was back at work the same day.

Animal Control had taken the body so that it could conduct a rabies test. Ms. Ransom wanted the body back so she could get an autopsy to determine what direction the bullet came from when it struck her pet. Chopper’s body was never returned to her.

Contributory Negligence

Maryland and D.C. are two of the five U.S. jurisdictions that use contributory negligence rather than comparative negligence in personal injury claims. This means that if both the defendant and accident victim are determined to have contributed to a loss, both parties can be held at fault, which can lower the damages that an injury victim might be entitled to.

This standard can make it more difficult for injury victims to receive proper justice under personal injury law in Maryland, which is why it is so important to retain the services of an experienced personal injury attorney who can fight for your rights and help you achieve the best outcome possible in your case.

Family sues police over dog’s shooting, Hometown Annapolis, August 13, 2007

Related Web Resource:

Police Brutality, Human Rights Watch

Ellicott City Man Dies in Maryland in Boating Accident in Baltimore County

August 9, 2007 | Lebowitz & Mzhen

Michael Douglas Schott, 33, an Ellicott City man, died of head injuries and drowning after he was thrown from a large (24-foot) motorized boat on Back River near the Chesapeake Bay in Baltimore County last weekend.

Maryland Natural Resources Police say that Schott fell off the boat when it hit a big metal channel marker that had been driven into the ground.

Boat owner/driver William Charles Spittel and Jason Joseph Bard were also thrown from the boat.

Spittel was treated for his concussion in Baltimore at Johns Hopkins Bayview Medical Center, while Bard was released at the accident scene.

The CDC offers the following drowning-related statistics:

• 3,308 unintentional fatal drownings took place in the U.S. in 2004.

• 676 fatalities of drowning involved other causes, such as boating-related accidents.

Common causes of head injuries include car accidents, motorcycle accidents, truck accidents, falls, physical assault, skating accidents, bicycle accidents, and skateboarding accidents.

There are different kinds of trauma that can occur to the head. There is the penetrating trauma, where a sharp object enters the skull and possibly causes brain damage or death. There is the blunt head trauma that occurs from a direct blow to the head.

If you or someone you love has been seriously injured in a boating accident that you believe was caused by someone’s negligence, you should speak with a personal injury lawyer right away who can help determine whether you have a boating accident claim on your hands. A personal injury attorney can also help you if you have sustained a head injury caused by another person’s careless or negligent behavior.

The CDC also names the following risk factors that often lead to water-related injuries:

• Lack of supervision and barriers (such as pool fencing).
• Recreation in natural water settings (such as lakes, rivers, or the ocean). • Recreational boating. Boating carries risks for injury. • Alcohol use. Alcohol use is involved in about 25% to 50% of adolescent and adult deaths associated with water recreation (Howland et al. 1995; Howland and Hingson 1988)

• Seizure disorders. For persons with seizure disorders, drowning is the most common cause of unintentional injury death, with the bathtub as the site of highest drowning risk (Quan et al. 2006).

Boating Accident Claims Life of Ellicott City Man, Howard County Times, August 9, 2007
Water-Related Injuries: Fact Sheet, CDC.gov
Head Injury Causes, Emedicinehealth.com

Related Web Resource:

Boating in Maryland

Ving Rhames’ Caretaker Is Killed During Dog Mauling

August 6, 2007 | Lebowitz & Mzhen

Police say that the man who was attacked by actor Ving Rhames’ dogs on the movie star’s property was 40-year-old Jacob Adams. Adams had been living at the Brentwood, California property for around two years where he worked as the dogs’ caretaker.

The exact cause of death is still being investigated. Police are still investigating whether the numerous dog bites on the victim’s body led to him being mauled to death or the man died of heart failure.

An English bulldog and three bull mastiffs have been seized from the property. Rhames, who costarred in the Mission Impossible movies with Tom Cruise, was not home when the mauling took place.

If the caretaker did die because of the dog bites, he would be at least the 14th victim this year to have been killed by a dog in the U.S. About 25-30 dog mauling-related deaths take place in the U.S. each year.

Dog bites can be extremely painful and cause serious injury or death to the victim. A person who is attacked by the dog owned by another person might have grounds to file a personal injury claim, a dog bite lawsuit, a wrongful death case, or an unsafe premises/premises liability claim against the negligent party.

Peteducation.com offers a number of suggestions for reducing the chances of your dog biting someone, including the following:

• Spay or neuter your dog. Spayed or neutered dogs are three times less likely to bite than intact dogs.
• Socialize your dog. Introduce your dog to many different types of people and situations.
• Train your dog. Participating in puppy socialization and dog training classes is an excellent way to help you and your dog learn good obedience skills.
• Teach your dog appropriate behavior. Avoid playing aggressive games with your dog such as wrestling, tug-of-war, or ‘siccing’ your dog on another person. If your dog exhibits dangerous behavior toward any person, particularly toward children, seek professional help.

• Be a responsible dog owner. Obtain a license for your dog as required by law, and provide regular veterinary care, including rabies vaccinations. For everyone’s safety, do not allow your dog to roam.

Police Identify Man Who Died in Dog Attack at Actor Ving Rhames’ Home, Voice of America, August 6, 2007
Caretaker, mauled by dogs, found dead at actor’s home, Los Angeles Times, August 4, 2007
Biting: Causes, Prevention, and Control, Pet Education.com

Related Web Resources:

Dog Bite Law in Maryland

Hagerstown Man Dies After Being Struck by an SUV in Head-On Crash in Maryland

August 3, 2007 | Lebowitz & Mzhen

A Hagerstown man died on Monday afternoon in Ringgold Pike in northern Washington County when the 2005 Honda Pilot SUV he was riding in was struck by a Ford Explorer in a head-on collision. Paul Allen Vanderford died at the accident scene. The driver of his car was his 15-year-old daughter who had her learner’s permit.

A head-on collision is a frontal impact collision and considered to be a major cause of death in car accidents. The impact can be very violent.

There are several kinds of frontal impact collisions:

• Colliding with an oncoming vehicle (head-on crashes)
• Colliding with the back of a motor vehicle
• Collision with a nonmoving object
• Colliding with the side of another motor vehicle

The kind of motor vehicles involved, whether the vehicles were moving or stationary, going slow or fast, whether the vehicles involved had airbags, and whether passengers were wearing seatbelts are all factors in determining the severity of the accident and the kinds of injuries that can result.

When someone you love is killed in a car accident because another party was negligent, you may be able to file a wrongful death claim against the liable person or persons.

Other kinds of wrongful death cases may stem from medical malpractice incidents, airplane fatalities, other kinds of motor vehicle crashes, criminal attacks, products liability deaths, fatal exposure to toxic substances, and death while involved in a supervised activity or because of exposure to dangerous conditions at work.

In a wrongful death lawsuit, your case goes to a Maryland court. A judge and a jury will rule on the kind and amount of damages that you, the surviving family member, are entitled to. Lost inheritance prospects, funeral and medical costs, and loss of financial support and benefits are some of the factors taken into consideration when determining damage amounts in a wrongful death case.

Parents, children, and the surviving spouse are allowed to bring wrongful death claims in Maryland.

Two die in separate crashes, Herald-Mail.com, July 31, 2007

Related Web Resources:

Head-On Collisions

Summary of Wrongful Death and Intestacy Statutes (PDF)

Motorcycle Injuries and Maryland’s Helmet Law

July 31, 2007 | Lebowitz & Mzhen

Currently, Maryland is one of 20 U.S. states that require all motorcycle riders to wear a helmet. A group of motorcyclists, however, are pushing to have Maryland’s “Helmet Law’ revised.

They want the Maryland General Assembly to let motorcycle riders over the age of 21, who have at least two years motorcycle riding experience or finish an authorized motorcycle safety course, to be given the option of choosing whether to use a helmet.

Doctors at Maryland Shock Trauma Center, however, calls “motorcycles donor cycles.”

Maryland’s “Helmet Law” was repealed in 1979 but reinstated in 1992. Brain injuries have been known to occur 80% more frequently in states that have repealed their Helmet Law.

A recent Maryland study shows that over 50 percent of Maryland motorcyclists do not have health coverage. As the majority of people who sustain traumatic brain injuries have to use Medicaid, every brain injury ends up costing $120,000 annually of taxpayers’ dollars.

The Maryland State Police in Frederick say that they see approximately two to three motorcycle fatalities each week and that the accidents are usually nastier because the victims have no protection.

Motorcycle helmets are considered the best protection from head injuries in motorcycle collisions. Head injuries are a major cause of motorcycle fatalities.

A person who is not wearing a motorcycle has a 40 percent greater chance of sustaining a fatal traumatic brain injury (TBI). He or she also has a 15 percent greater chance of sustaining a nonfatal injury than a motorcyclist wearing a motorcycle.

States with a mandatory motorcycle helmet law:

• Alabama
• Washington D.C.
• Maryland
• Louisiana
• California
• Georgia
• Massachusetts
• Mississippi
• Michigan
• Nebraska
• Missouri
• New Jersey
• Nevada
• New York
• North Carolina
• Tennessee
• Oregon
• Vermont
• Virginia
• West Virgina
• Washington
The Helmet Law, ABC2.com, July 31, 2007

Motorcycle Helmet Use Laws

Motorcycle Helmet Use in 2006

Related Web Resources:

Motorcycle Helmet Use Laws, Insurance Institute for Highway Safety

State of Maryland Mandatory Helmet Law