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Even with rising gas prices, commuters and vacationers choose to drive to their destinations. Choose Safety For Life, an automobile safety program from the Maryland State Highway Administration, reports that "Every day there are 276 crashes, 161 injuries, and 1 death" caused by an auto accident in the state of Maryland. When you get behind the wheel, are you paying full attention to the other drivers and the road? Or are you on your cell phone? If you are traveling through Washington, DC you must use a hands-free cell phone while driving. Are you daydreaming? Could you be changing the radio and taking your eyes off the road? Or do you have aggressive driving habits? Last week, at least, two accidents occurred on Route 50 shutting down the road for several hours. One ended in a fatality. A four car pile-up on the Bay Bridge required two Medivac helicopters to transport an adult and a child to Johns Hopkins in Baltimore. This accident shut down the eastbound bridge on Wednesday, June 18. On Saturday, June 21, a 54-year-old Washington, DC man was pronounced dead on the scene after a head-on collision in the westbound lanes near Bowie, MD. Maryland and Washington, D.C. promote safe driving through several public education programs including: Choose Safety For Life http://choosesafetyforlife.com/
Click It Or Ticket - http://www.nhtsa.gov/portal/site/nhtsa/menuitem.ce4a601cdfe97fc239d17110cba046a0/
Smooth Operator - http://www.smoothoperatorprogram.com/
Just because an accident occurs does not mean that there is another party that is liable for damages. Go to http://www.foranlaw.com/Maryland-Frequently-Asked-Questions.html for more information. If you are injured in any type of accident either as an operator, passenger, pedestrian, bystander, or as a permissive user of property, you should have competent representation by an accident lawyer experienced in handling these claims. Call one of our experienced vehicle accident attorneys today.
Last week, a Kansas man was awarded $7.25 million in damages after being injured by a group of pit bulls in 2006. The plaintiff was mowing a vacant lot he owned when the dogs escaped from a nearby property and mauled him. As a result of the attack, he was hospitalized, lived on a feeding tube for a month, and nearly died. The judge ruled "the attack caused permanent disfiguring and disabling injuries including complex facial lacerations, extensive lacerations to his upper and lower extremities, and multisystem organ failure." The plaintiff's medical bills totaled more than $500,000 and the loss of direct and future income is estimated at more than $1 million. (Hoffman, www.kansascity.com, 6/10/08) The Centers for Disease Control & Prevention (CDC) reports that each year, 800,000 Americans seek medical attention for dog bites and half of those injuries are children. Approximately half of those injured require emergency treatment and about a dozen die of dog bite-related injuries. The United States Postal Service announced that, "Last year, more than 3,000 city and rural carriers were attacked by dogs across the United States." It is important to know how to protect yourself. Don't run past a dog. If you feel threatened, don't scream, avoid eye contact, remain motionless, and back away slowly after the dog leaves. Never approach a strange dog. Always ask an owner if it's alright to pet their dog. Let a dog see and sniff you before you pet him. Place something between you and the dog if you think a dog is about to attack you. (USPS, http://www.usps.com/communications/newsroom/2008/pr08_055.htm, 5/15/08) If you or a family member has been attacked or bitten by a dog, you may have a claim against the dog owner. Contact one of our experienced dog bite attorneys today about your specific situation. Important resources include:
American Veterinary Medical Association - http://www.avma.org/press/publichealth/dogbite/mediakit.asp CDC Injury Center - http://www.cdc.gov/ncipc/duip/biteprevention.htm
Sweltering summer heat drives more and more families to swimming pools. Whether it's a personally owned, private swim club, or public community pool, safety should be the first priority. The Centers for Disease Control and Prevention (CDC) states, "In 2005, there were 3,582 fatal unintentional drownings in the United States," and "more than one in four fatal drowning victims are children 14 and younger." On Monday, June 2, 2008 two parents of Pasadena, MD awoke to find their 20-month old toddler had drowned in the family's swimming pool overnight. Lt. Jeffrey Silverman of the county police said, "It was just a tragic accident." (Harris, www.washingtonpost.com, 6/3/08) In 2007, a Maryland family was awarded $4 million in damages by a jury for the drowning of their 5-year-old son at a country club pool. The jury found the pool management company was negligent for "failing to staff the pool properly and for failing to adequately train lifeguards." To honor their son, the parents have set up a foundation to promote "consistency in safety standards and requirements at public pools." (www.onlinelawyersource.com, 9/28/2007) Tragic pool accidents like these can be easily prevented. Lack of barriers and supervision is the first major risk factor to prevention of water-related injuries. Installation of pool fencing which completely separates the pool from other home areas should be at least 4 feet high. Self-latching gates that open outward with latches out of a child's reach would limit accessibility to children. It is also possible to install automatic locks and alarms so you are aware if someone enters the pool area. The CDC found that, "Most young children who drowned in pools were last seen in the home, had been out of sight less than five minutes, and were in the care of one or both parents at the time." "Remove floats, balls, and other toys from the pool and surrounding area immediately after use. The presence of these toys may encourage children to enter the pool area and potentially fall in." (www.cdc.gov) No matter where you are swimming, always designate an adult to swim with the children or watch them. This adult should not be consuming alcohol or be involved in other distracting activities. Additionally, learning CPR is a valuable skill in water safety. Contact the American Red Cross in your area for available classes on CPR training. For additional information, review our website on swimming pool accidents - http://www.foranlaw.com/swimming-pool-accidents.html or contact us today.
As more people turn to public transportation because of rising gasoline prices, public transportation systems are feeling the strain. On Tuesday, June 3rd, Washington Metropolitan Area Transit Authority (WMATA) reported a record 812,812 riders on Metrorail. Metro reports that ridership has catapulted over 800,000 on 5 other weekdays this year as well! And as more riders turn to the rails and buses the public transportation systems are feeling their age. (www.wmata.com, 6/4/08) In the last couple weeks, Chicago has seen two commuter train derailments. The famous Chicago Transit Authority is facing repairs in the amount of $10 billion dollars over the next five years to "bring the system up to better repair, not necessarily good repair," announced Steven Schlickman, director of the Regional Transportation Authority, which oversees the city's mass transit network, said at the time. There are many reasons for derailments including operator error. As in the case of the Chicago accidents, "the operator said he inadvertently passed a red signal, and when he realized his mistake, he stopped the train and then moved in the opposite direction, causing the train to derail." (Babwin, www.washingtonpost.com, 6/4/08) The Washington Metrorail has been scrutinized lately because Metro operators are opening the train doors before all the cars reach the station. "From January to April, at least 13 incidents were reported in which eight-car trains were not stopped properly, officials said." This type of mistake has not resulted in any injuries to date, but is very dangerous for Metro riders. Not every accident with a public tranporation carrier like Metro is actionable but if you are injured or have questions about your specific situation contact one of our attorneys today. (Sun, www.washingtonpost.com, 5/29/08)
Polycarbonate plastics and Bisphenol A, or BPA, have put parents on high alert in recent months. Polycarbonate plastics have been used for more than 20 years in baby bottles, water bottles, and sports equipment because they don't shatter or break. BPA is a chemical used in polycarbonate plastic production. Current studies by the FDA and other organizations are inquiring into the toxicity of BPA. It is alleged that when plastic bottles are heated to extreme temperatures, toxic BPA seeps into the food contents. Adults don't realize that BPA isn't just in baby bottles and that they are also at risk! On April 22, 2008, Lani Felix-Lozano, a California mother of two, sued the manufacturer of Nalgene sports bottles claiming the company has not properly warned it's consumers about BPA. While the lawsuit does not state any specific physical complaints, environmentalists note that BPA studies prove it is harmful even in small doses. These groups claim that animal studies demonstrate that BPA may cause "hormone disruptions, infertility, early puberty, and cancer" (Reuters 4/23/08). The manufacturer of Nalgene bottles, Nalge Nunc, has begun to phase out the bottles containing BPA due to consumer pressure. Health Canada has released a report noting the dangers of BPA and some Canadian retailers, like Wal-Mart, are voluntarily removing products containing BPA from their shelves. The Food and Drug Administration is reassessing the safety of BPA since the National Toxicology Program discovered "BPA may alter human development" (Szabo, USA Today, 4/27/08). As a parent, we notice product recalls for toys and baby equipment. But as a consumer, we must also be conscious of our own safety. Keep yourself updated on product recalls so you don't become a victim.
A large paper company has agreed to pay $5.2 million to settle claims in a lawsuit which alleged that a company employee talking on a cell phone while driving caused a major accident which left one person receiving a partial amputation to her arm and substantial medical bills. Law.com
2/13/8 Currently, in Maryland, legislators are pushing for legislation that would ban drivers of vehicles from speaking on a handheld phone or texting while driving. There are several bills being submitted for approval. If a driver of a vehicle is typing a text, email or dialing a number, that driver is clearly not keeping their eyes on the road and is negligent in the operation of their vehicle. When the driver of a vehicle is not paying attention to the road and the other vehicles around them, major accidents can occur. Driver inattention while behind the wheel can substantially increase the likelihood of a vehicle accident causing injury to another.
Jurors decided that the Massachusetts Bay Transportation Authority must pay $10 million to a woman that was struck by a bus while waiting at the bus stop. The Plaintiff now requires constant care for her multiple injuries from the accident. The parties are reviewing thier options for a possible appeal. Boston Globe 2/12/08 Maryland law handles bus accidents much differently than other jurisdictions.
Two Rhode Island television stations and a cameraman have agreed to a settlement with some of the the plaintiffs in the 2003 nightclub fire that killed 100 people. The lawsuit alleges that an exit door was blocked by the cameraman which did not allow patrons to leave the nightclub after the fire broke out. The tentative settlement, reached in a mediation, for $30 million is the largest settlement from the 2003 fire. Boston Globe 2/2/08 Mediation can be a very useful tool in the facilitation of settlements in personal injury cases. In a mediation, a skilled mediatior will have the parties put forth their side of the case to the parties in the mediaton and have each party state what they would prove should the case go to trial. Usually the mediator will then separate each of the parties into different rooms. In most cases, the mediator will go back and forth between each room in an attempt to bring the parties closer together to a mutually agreeable number. Frequently, parties request a mediation in personal inury cases because they do not feel that a settlement can be reached on their own and they need the assistance of someone else.
A Connecticut family has filed a lawsuit after their 6 year old son became stuck in a swimming pool drain and drown to death. According to the lawsuit, the defendants did not meet the safety requirements designed to prevent these types of accidents. At least 48 people have been killed in these types of cases since 1985. USA Today
1/28/08
The families of seven miners that died last year in a mine collapse in Utah have filed a notice of intent to pursue litigation. According to the notices filed, the families allege that the defendants knew about dangerous conditions in the mine but failed to act to correct the dangerous conditons.
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