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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, broken 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 you are walking in. We determine the defendant we are suing on a case-by-case basis. In general, 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.
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 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 © 2024 Gelb & Gelb, P.C. All rights reserved.