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A DC slip and fall on the sidewalk can lead to all sorts of physical injury. You may suffer a broken wrist, hip, shoulder, elbow, or skull. However, just because you fall on the sidewalk does not necessarily mean another party is at fault. In fact, there is a high probability that you are at least 1% responsible for your fall. If a jury determines that you are at least 1% responsible, you cannot recover against a defendant due to the complete defense of contributory negligence. While there are limited exceptions, this defense can destroy the viability of your case. However, it is not always obvious whether you share blame for the accident with a layperson. Thus, it is always best to speak with a DC slip and fall lawyer to discuss your options.
In most DC slip and falls on the sidewalk, we are making a claim against the DC government. This comes with its own set of challenges. In other cases, we are making a claim against a restaurant, grocery store, or some other company that owns a parking garage where you are walking in. We determine whether to sue the defendant on a case-by-case basis. Generally, we prefer to sue a private entity rather than a public one. This is because laws protect the DC government more than private entities. This is due, in part, to sovereign immunity. While Congress has authorized legal action against the government, it is slightly limited. While most sidewalk fall cases are against the government, this does not mean it is not worth pursuing your claim.
If you have legitimate and severe injuries, we will aggressively pursue the government within the confines of the law to get you the compensation you deserve. Contact our office today for a free case consultation if you are hurt in a DC slip and fall on the sidewalk.
Not every sidewalk defect is legally actionable in Washington, DC. To have a viable claim worth pursuing, we must be able to prove by a preponderance of the evidence that every element of the claim is satisfied, and our case must survive any affirmative defenses. This is because the mere presence of a hazard is not always enough. Is the hazard open and obvious? Was the District of Columbia on legal notice of the hazard prior to your injury? If not, did they have constructive notice? We can check to see if they were on notice of the hazard by checking the 311 report. This is a record of public reports of things such as hazardous conditions on a sidewalk. We can prove that the defect had been there for a long time.
However, this can be costly because it requires an expert witness to investigate, evaluate, and testify to their opinion. Besides legal and constructive notice, a court will consider several other factors. For example, the size and shape of the defect matter. Was it too large to avoid? If so, perhaps you are contributorily negligent in not avoiding it. Counterintuitively, if it was small enough, perhaps you were not negligent in not noticing it, and you do have a claim. The choice of ways doctrine also plays a role. Is the hazardous sidewalk your only way to your destination? Are you familiar with the route or visiting Washington, DC, for the first time? These are all factors to consider; one does not necessarily outweigh the other. This is why we recommend speaking to an attorney about your unique fall case.
An open and obvious hazard refers to the duty owed by the District for hazards on the sidewalk. In general, a landowner owes a general duty to use reasonable and ordinary care in keeping the property reasonably safe. However, the general rule allows warnings to satisfy the requirement to make dangerous conditions safe. This is why you so often see a wet floor sign in a bathroom, even if mopping has not recently occurred. The landowner is covering their bases against liability. Besides warning, the obviousness of the danger can come into play. A duty to warn does not exist where the dangerous condition is so obvious that the potential plaintiff should reasonably be aware of it. However, ironically, what qualifies as obvious is not always obvious.
A classic example is a banana peel on the ground. On a clean floor with nothing else to distract your eye, that would be an obvious danger. However, if something is going on that would distract you, diverting your attention away from the banana peel, then it is not obvious.
Establishing notice in a claim against the DC government for a sidewalk injury could be referring to at least two elements of your claim.
Unfortunately, a contributory negligence defense is a total bar against your recovery. However, it is an affirmative defense. This means the burden of proof is on the defense to prove that you were also negligent in your fall on the sidewalk. While exceptions may exist for this defense, like the last clear chance doctrine, that does not apply. One doctrine that can apply, however, is the choice of ways doctrine. The choice of way doctrine holds that a plaintiff may be found contributorily negligent if they voluntarily choose a dangerous path when a safer, reasonable alternative route is available. In D.C., this doctrine only applies if the plaintiff knew or should have known about the safer route and still chose the more hazardous one. This means that you may not be contributorily negligent if no safer alternative existed at the time of the accident.
Or, that a reasonably prudent person in such circumstances would not have noticed that a safer route existed. We must also consider whether you are actually negligent. A common scenario is when there is a raised part of the sidewalk. The defense will argue that you should have noticed it was raised. However, if exigent circumstances exist that would render you unlikely or unable to notice the hazard, then you are not negligent. Examples of exigent circumstances may include poor lighting, shadows, crowding, etc. However, these are jury questions. Cases like Robert Klein and Ruth Klein v. District of Columbia and Lyons v. District of Columbia make this clear. Thus, a personal injury lawyer working on contingency may not take your case unless the value of your case justifies the risk and expense of litigation. It is best to discuss this matter with an injury attorney to understand your options.
There are countless causes of sidewalk slip and fall accidents in DC. However, only some are compensable. Below, we discuss the most common causes of a sidewalk slip and fall and analyze whether you may have a case if you fit into one of these categories.
Uneven pavement is a common cause of a DC slip and fall that easily satisfies the duty of care element. In any negligence claim, we must prove that the defendant owes the plaintiff a duty of care as a foreseeable plaintiff. Undeniably, it is foreseeable that a pedestrian would be walking on the sidewalk, assuming it is not blocked off. An issue you may encounter as a plaintiff is whether you are partially to blame for the fall. For example, is the dangerously uneven pavement open and obvious? If it is, a jury or judge may find you partially to blame for your fall.
On the other hand, if it is at night and the uneven part of the pavement is hard to see, your claim may survive this defense. Another argument we can make is to say that this portion of the sidewalk is the only viable ingress or egress route to where you needed to go, and thus, you were not negligent in walking on it.
Ice and snow can be a source of negligence if you are involved in a DC slip and fall on a sidewalk. The question of liability comes down to whether there is an alternative route to get to the entrance of the building. An ideal case against a restaurant is if you injure yourself on the sidewalk due to ice or snow, if the snow has been there for days, and there is no other way to enter the restaurant. This is negligent by the restaurant because they have had sufficient time to clear the walkway for patrons. This also assumes that it has not resumed snowing in days. If it stops and restarts, there may not be liability.
Fallen leaves, trash, or construction materials can create unsafe walking conditions. Although making a successful claim against a defendant for fallen leaves is difficult, you may have a claim if there are construction materials or debris. Although, like the other common causes discussed here, you may not have a claim against the defendant if you contribute to the slip and fall. This will depend on whether you were careless in choosing that route. Moreover, we must show that the defendant was careless in not clearing the sidewalk. How long had the obstruction been there? If it had been there for two weeks, the entity either knew or should have known and done something about it.
This is among the more successful causes of action for DC slip and falls on the sidewalk. The reason is that you are not to be found contributorily negligent if there is poor lighting. A jury will not find you careless if you do not take out your phone and use a flashlight while walking on the sidewalk. That is not what a reasonably prudent person does. Meanwhile, whoever is responsible for maintaining the sidewalk is responsible for lighting. Inadequate street lighting makes it difficult for pedestrians to spot hazards. This increases the risk of falls at night. The fact that it is reasonably foreseeable that you are more likely to fall at night with poor lighting is a key element to your claim.
Poor lighting claims generally involve the DC government, but they can also be made against a restaurant if you approach its entrance via a private walkway.
Rain, spills, or improperly drained sidewalks can become slick and hazardous. Although, it is generally obvious that the sidewalk will be wet if it rains outside. Thus, you probably will not have a claim as the defendant likely did nothing wrong if it is merely raining outside. Although, if there is a malfunctioning drain or a wet surface inside or under a roof, you may have a claim. However, you still must consider whether the danger is obvious.
Call Gelb & Gelb today to speak with a DC slip and fall lawyer to better understand your options.
We offer free case consultations at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.