Wrongful Death Cases Involving a Third Party

Gravestone And Trees

You may have read about wrongful deaths, which are unintentional injury-related deaths caused by someone else’s reckless or negligent actions. Typically, these deaths are not due to malice, as they are in homicides, but are fatalities caused by vehicular crashes or workplace accidents. But what does it mean when we speak of third-party wrongful deaths? Wrongful Deaths Explained A wrongful death, to be pursuable in court, must have the element of negligence on the part of the other party or parties responsible for the death. Wrongful deaths can occur as a result of motor vehicle collisions, job accidents, medical malpractice, and dangerous products. Wrongful death suits are intended to compensate immediate family survivors in cases where the deceased passed on because of someone else’s negligent actions. Think of a wrongful death case as a personal injury case where the victim is no longer living, so others must bring the case to court. While wrongful death suits are civil and not criminal by definition, a criminal conviction of the negligent party makes a strong case in favor of pursuing a civil case for financial damages. These damages are intended to make the survivors and the deceased’s estate whole. What are Third-Party[…..]

A Deceased Worker’s Family Loses Their Fight in the Maryland Courts

People Holding Hands

A recent ruling by the US District Court for the District of Maryland may have implications for future liability and negligent action lawsuits. The court dismissed claims brought by a deceased worker’s family which alleged that his death resulted from prolonged exposure to a substance containing a powerful carcinogen. The story goes back to the 1950s. Specifically, the company operated a manufacturing plant that produced chromium ore processing residues (COPR). The company then used the COPR as landfill on which they built a marine terminal along the Patapsco River. The worker in question was employed at the marine terminal from 1973 to 2001. He died from lung cancer in 2012, and it was alleged that his lung cancer was caused by exposure to the COPR. Maryland’s statute of repose was cited as grounds for dismissal of the case. Wait, What’s a Statute of Repose? A statute of repose shares some similarities with a statute of limitation, in that the statute eliminates specific legal rights and recourse if action is not taken by a certain deadline. The deadline for a statute of repose operates differently in that it defines the legal right that’s involved in terms of the amount of time[…..]

Wear It!

Life Jacket While Water Skiing

Summer is the time when many of us like to go boating. But remember, every time you are out on the water, make sure you “Wear It!” Wear your life jacket, that is. Always wearing your life jacket was the focus of this year’s Safe Boating Week (May 16-22, 2015) and also the focus of the yearlong North American Safe Boating Campaign. The campaign is co-sponsored by the National Safe Boating Council and the U.S. Coast Guard Boating Safety Division. The Wear It! campaign aims to educate people about the necessity of life jackets and the different varieties of life jackets, in an effort to reduce drowning fatalities. In 2014, drowning was the reported cause of death in 78 percent of all boating fatalities, according to U.S. Coast Guard ‘s statistics. Of those drowning deaths, 84 percent did not have a life jacket on. Obviously, we could greatly reduce drownings if people would simply wear their life jackets, and wear the right kind of life jacket for them, while boating. What Kind of Life Jacket Do I Wear? Choosing the right life jacket for you and all your boat’s passengers can be a little intimidating. We’ll take this step by[…..]

How Effective is That Lifeguard?

Lifeguard on beach

Here in Maryland, despite living in the greater Baltimore area where you find a lot of pools, a remarkable number of us swim in open water such as the local rivers, the Chesapeake Bay, and the Atlantic Ocean. And with swimming in open water comes the danger of drowning (See: Increase in Drowning Deaths). Drowning is one of the leading causes of accidental death in the United States; roughly 4,000 people drown every year. Open water drownings account for 50 to 75 percent of these deaths. That is where the need for effective lifeguarding comes in. It Began As Bathing Swimming in the ocean, or “bathing” as it was known back then, became popular in the 1800s as a way to escape the heat of urban areas. As swimming and general water activity increased, so did drownings. At first, lifelines were tried that beachgoers could grasp, but they unfortunately proved inadequate. Then the idea of hiring people to save others in the water became popular. The first beach patrol was founded in Atlantic City, New Jersey, in 1891, and the individuals were called “lifeguards.” Since then, many organizations have sprung up to train and certify lifeguards. The United States Lifesaving[…..]

Liquid Nicotine — A Little Can Be Lethal

Liquid Nicotine

Would you leave a bottle of bleach within the reach of a toddler? Parents know to store household chemicals behind locked cabinet doors or on a high shelf, aware and wary of accidental poisonings that befall curious children. And yet, too many parents are leaving containers of significantly more toxic and enticing liquids where children can get their hands on them. Bearing pictures of candy canes, juicy fruits and sweets, and lacking childproof caps, bottles of liquid nicotine for refilling e-cigarettes are fatal temptations. Comparing the toxicity of liquid nicotine and bleach, Henry Spiller, Director of the Central Ohio Poison Center at Nationwide Children’s Hospital, asked, “Would we be concerned if a child drank an entire bottle of bleach? Concerned yes, corrosive elements yes, but fatal? Highly unlikely. A child would not voluntarily drink even 8 ounces of household bleach because of the smell and taste and large amount they would need to drink to prove lethal. In comparison, a child could easily consume even a teaspoon of liquid nicotine and have it prove fatal.” In December 2014, a one-year-old in upstate New York died after ingesting liquid nicotine at his home. He was found unresponsive and rushed to a[…..]

Optimizing Maryland’s Ignition Interlock Program

Police Car

What if one-third of the city of Annapolis were wiped out in one year by drunk drivers? That’s one way to envision the fact that during 2013, 10,076 people were killed in drunk driving crashes somewhere in the U.S. Or look at it this way: In 2013, 141 people were killed just in Maryland accidents caused by drunk drivers. Now imagine white crosses have been placed along the length of I-95 as it traverses Maryland — one for every DUI death in our state in 2013. If you were to drive I-95 at 60 mph, you’d be passing a marker every minute. Think we need to do something about that? The national president of Mothers Against Drunk Driving (MADD) was in Annapolis on March 4, speaking in support of proposed legislation which would strengthen Maryland’s existing ignition interlock program. A Senate Bill titled “Drunk Driving Reduction Act of 2015” and sponsored by Sen. Jamie Raskin and others would require that all people who are convicted of drunk driving (i.e., with a BAC of .08 or above) have interlock devices installed on their vehicles, even if they are first-time offenders. For a first offense, they would have to use the devices[…..]

Alert: Whole Foods Recall

Peanuts

On February 10, Whole Foods Markets, Inc. recalled tens of thousands of pounds of ready-to-eat products because they have been contaminated with peanut allergens. The U.S. Department of Agriculture declared it a Class I hazard — that is, “a situation where there is a reasonable probability that the use of the product will cause serious, adverse health consequences or death.” The tainted products were shipped to retail stores in Connecticut, Kentucky, Ohio, Maryland, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, and the District of Columbia. Whole Foods Markets are located in a number of cities in Maryland: Annapolis, Columbia, Baltimore, Gaithersburg, Chevy Chase, and Rockville. Dates to Know & Recalled Products List A company which supplies spices to Whole Foods alerted them that cumin used in chili products may have been contaminated with peanut allergens. The recalled items were produced between January 14, 2015 and February 5, 2015. If you have recently shopped at Whole Foods, these are the contaminated products you should look for in your pantry or refrigerator: 16 lb bulk containers of “CHILI, TURKEY AND BLACK BEAN” with production dates of 1/14/15 to 2/5/15. 16 lb bulk containers of “CHILI, BRAISED BEEF”[…..]

Are We Asking for a Frackastrophe?

Railcar Carrying Explosive Materials

On December 1, a number of Baltimore residents attended an environmental hearing to weigh in on the potential danger of railroads in area neighborhoods being used for the transport of millions of gallons of crude oil. Houston-based Targa Resources has applied to expand its existing export pier in South Baltimore to store, handle, process and ship more crude oil to East Coast refineries. In fact, according to Chesapeake Climate Action Network, under the proposal “9.125 million barrels of oil every year would be exported out of Baltimore — which means some 12,766 rail cars annually. Broken down further, that’s one train of 35 cars every day running right through the city.” Record volumes of Bakken crude oil, produced through a controversial process known as “fracking” (read more about the dangers of fracking) are being transported by rail to refineries along the East Coast. According to the American Association of Railroads, there were 9,500 rail cars carrying crude oil in 2008; by 2013 that had increased to more than 400,000. It appears that Baltimore is poised to be a stop along the Bakken byway. What’s the Problem With That? The Pipeline and Hazardous Materials Safety Association (PHMSA), a division of the[…..]

What Will We Learn from Bicycle Tragedy?

Bicycle Hit and Run

I’m feeling an uneasy sense of déjà vu. Not quite a year ago, I wrote about a hit-and-run driver who collided with two women riding bicycles in Davidsonville in Anne Arundel County, Maryland. According to recent updates on that accident, one victim was treated for minor injuries but the more seriously wounded woman had to be hospitalized for six months, enduring numerous surgeries including amputation of one leg above the knee. The driver has never been captured, or even identified. Two days after Christmas 2014, a bicyclist was killed in a Baltimore hit-and-run accident. Thomas Palermo, a seasoned cyclist and bike builder, was riding on Roland Avenue where there are two lanes of traffic and two bike lanes, when he was hit from the rear by a Subaru which continued without stopping. Mr. Palermo died after being transported to Sinai Hospital. About 45 minutes after the accident, the damaged car returned to Roland Avenue and its driver surrendered to law enforcement. In the following hours, news reports brought us a description of the hit-and-run driver: A 58-year-old woman Who had a blood alcohol level of .22, nearly three times the legal limit, even when she later returned to the scene[…..]

Highway Guardrails May Be Dangerous To Your Health

Damaged Guardrail

Thanks to a whistleblower case in Texas, the roads may be made safer for drivers in many states. I say “may” be, because the enormity of the problem seems to have state regulators befuddled about what to do next. The whistleblower case involved a particular type of metal cap fitted on the end of millions of highway guardrails. While the Texas manufacturer, Trinity Industries, received approval of their end caps from federal highway authorities in 1999, they didn’t notify the feds that they changed the design in 2005. The design change shaved an inch off one dimension of the end cap, saving the company about $2 per unit, but it also resulted in a change in the way of the guardrail reacts when impacted by a vehicle. Instead of absorbing the impact, Trinity’s ET-Plus end cap can cause the guardrail to impale the car and maim or kill its occupants. A whistleblower brought charges in court and the jury recently ordered Trinity to pay $175 million for defrauding the government. Now states are scrambling to identify the guardrails on their roads that have the flawed end caps and, hopefully, replace them with a safer design. So far, 30 states have[…..]