Man Fatally Shot at Dupont Circle Restaurant: Legal Questions

Posted by Paul Cornoni

A man was fatally shot outside of Heritage India, a local Dupont Circle restaurant last evening. The DC Metropolitan Police Department and Council Member Jack Evans have expressed concerns regarding security at the restaurant.  Patrick Regan and Paul Cornoni litigated a nearly identical case against a night club in DC a few years ago.  We obtained a $4.1 million dollar verdict on behalf of our client who suffered a traumatic brain injury after being assaulted as he was exiting a night club.  The night club failed to have the proper amount of security personnel working that evening.  A description of the case can be seen here.

An investigation should be undertaken to discover what security measures were put in place by this restaurant to ensure that this type of violence would not occur.  As Council Member Jack Evans state: "The overriding issue is you have restaurants that morph into a nightclub with promoters and bands and disc jockeys.  What precautions are they taking for security?"

CPSC Reminds Parents How to Prevent Halloween Costume and Decoration-Related Injuries

Posted by Salvatore J. Zambri, founding member and senior partner

Although we have previously written a number of safety articles regarding Halloween safety, the number of possible situations for accidents is practically endless.  A recent media release by the CPSC summarizes some important considerations for parents about costumes, treats, and decorations. We are reproducing the CPSC publication in its entirety for our readers:

"WASHINGTON, Oct. 28 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) wants parents of trick-or-treaters to know that there is nothing scary about preventing Halloween-related injuries. By taking a few simple safety precautions when selecting costumes and Halloween decorations, consumers can prevent burn, fall and laceration injuries.

Parents who make their kids' costumes can send off their little ghosts, goblins and superheroes safely by using inherently flame-resistant fabrics, such as polyester and nylon. These materials will resist burning if exposed to an open flame. When purchasing a costume, look for "Flame Resistant" on the product's tag or packaging

Lighting the night also is made safer when children have no access to open flames. Flameless candles, light sticks and flashlights provide a safe lighting alternative in jack-o'-lanterns and areas where children will have access.

"Uncovering Halloween's hidden dangers is simple with CPSC's safety steps," said CPSC Chairman Inez Tenenbaum. "Thoughtful costume selection, care with candles and careful placement of decorations and lighting will help ensure your Halloween is safe and enjoyable."

In addition to providing safety tips, the CPSC works to keep children and families safe during the holiday celebration by enforcing the Flammable Fabrics Act and recalling hazardous costumes and products at Halloween and throughout the year.

Make this year's holiday a safe one by following these safety tips on costumes, treats and decorations:

Costumes

  • When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes or billowing skirts.
  • Purchase or make costumes that are light colored, bright and clearly visible to motorists.
  • For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.
  • Children should carry flashlights to see and be seen.
  • To guard against trips and falls, costumes should fit well and not drag on the ground.
  • Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.
  • Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.
  • If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.
  • Swords, knives and similar costume accessories should be made of soft, flexible material.

Treats

  •  Warn children not to eat any treats before an adult has examined them carefully for evidence of tampering.
  • Carefully examine any toys or novelty items received by trick-or-treaters younger than three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations

  • Keep candles and jack-o'-lanterns away from landings and doorsteps where costumes could brush against the flame.
  • Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.
  • Indoors, keep candles and jack-o'-lanterns away from curtains, decorations and other items that could ignite. Do not leave burning candles unattended.
  • Indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.
  • Don't overload extension cords.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov."

CPSC Media Contact: (301) 504-7908

SOURCE U.S. Consumer Product Safety Commission

I have four children, who love Halloween, as most kids and parent do.  We are one of those families that deck the house with all kinds of decorations to really get into the spirit of the holiday.   However, my wife and I spend time with our kids every year, teaching them how to be careful as they "trick or treat" throughout our community.  We are also very careful to take precautions with our decorations to be sure we put safety over fun.  There is nothing fun about a tragedy.

Happy Halloween, and please be safe.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, automobile accident, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Law and Politics (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Smoke Alarms: The Most Efficient Way to Prevent Home Fire Tragedies

Posted by Salvatore J. Zambri, founding member and senior attorney

Each year, we are reminded by the American Red Cross, local fire departments and other agencies that October is Fire Safety Month.  Each year, we learn of tragic stories of families destroyed by fire, many of which could have been avoided by proper installation and maintenance of smoke alarms.  

Recent publications by the American Red Cross emphasizes some simple yet critical guidelines for helping to minimize the potential fire dangers faced by families.  We have reproduced one of the most recent articles below in its entirety for the benefit of our readers.

"Home Fires A Threat To All Of Us"

"Friday, October 15, 2010 — The American Red Cross and its 650 chapters respond to more than 63,600 home fires every year, or about 170 fires a day. Fire in the home is the most common threat to families in this country, and that danger increases as the weather turns colder and people turn to alternate sources to help heat their homes.

The use of such items as space heaters, fireplaces or coal or wood stoves can be dangerous if not used properly. Fires related to heating are the second leading cause of home fires in this country, and fixed and portable space heaters are involved in 74 percent of fire-related deaths.

Smoke alarms are one of the best ways to protect you and your loved ones in the event of a fire. They provide a few minutes of advance warning, and that extra time can save lives. According to the National Fire Protection Association, from 2003 to 2006, forty percent of all home fire deaths resulted from fires in homes with no smoke alarms, while 23 percent resulted from homes in which smoke alarms were present but did not operate.

The Red Cross recommends you install the alarms on every level of the home, as well as inside bedrooms, and outside sleeping areas of the home. They should also be tested once a month by pushing the test button, and batteries should be replaced yearly or as soon as you hear a low battery warning, which appears as a "chirping" noise for many alarms. Other tips include:

  • Keep smoke alarms clean by vacuuming over and around it regularly. Dust and debris can interfere with its operation.
  • Smoke alarms wear out. Replace your alarms every 10 years. If you can’t remember when you last replaced them, buy new alarms that are interconnected, if possible.
  • Teach children what the smoke alarm sounds like and what to do when they hear it.

Only 26 percent of families have developed a family escape plan. To ensure the safety of your loved ones, make sure that all household members know ways to escape from every room of your home. Designate a meet-up spot outside the home in case of fire. This fire escape plan should be practiced at least twice a year. Each household member should also know how to STOP, DROP and ROLL if their clothes should catch on fire."

For more information on Fire Safety and Prevention, visit www.redcross.org.

The safest home fire is the one that never occurs. Having an operational smoke detector in your home and educating your family with a sensible escape plan are the best ways to protect your family in the event of a home fire. 

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, automobile accident, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Law and Politics (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Senate Panel Votes to Lift Liability Cap of BP Oil Spill

Posted by: Salvatore J. Zambri, founding partner

The Wall Street Journal (7/1, Tracy, Hughes) reports the Senate Environment and Public Works Committee voted to remove the existing $75 million offshore oil spill liability cap. Remarkably, according to the Journal, the panel's move faces opposition and is not assured of passage by the full Senate. The Independent Petroleum Association of America argues that the absence of a cap would benefit only the largest transnational oil companies. IPAA chair Bruce Vincent, president of Swift Energy, is quoted as saying, "This is unreasonable from an economic and business standpoint and will have a devastating impact on job losses and possible increased reliance on foreign oil."

The New York Times (7/1, Broder, Robbins) notes that the committee "voted to remove the liability cap altogether, brushing aside a Republican amendment that would allow the president to set varying caps for individual accidents." The House Transportation and Infrastructure Committee "will take up its own version of a liability limits law on Thursday."

Bloomberg News (7/1, Chipman) reports, "President Barack Obama supports raising the ceiling and has faulted Republicans for blocking efforts to make BP more fully liable for damages tied to the worst US oil spill. BP Chief Executive Officer Tony Hayward has said he expects the liability limit to be increased."

It always strikes me as blatantly self-serving when companies seek to limit their obligation to pay for the damages they have caused due to their carelessness and recklessness.  They like to argue that it will adversely impact their profits.  Why should they be able to avoid accountability? Why should the innocent people and companies they harm be the ones to suffer unfairly?   As our parents said when we were children, take responsibility for your actions.  Don't make excuses.  And learn from your mistakes.

Safety and people must be put above profits.

Any questions about this post?

 

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C.  He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area.  The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.  

Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms."  To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.