Personal Injury Case Law

Washington, D.C. Laws May Make it More Difficult for Plaintiffs to Recover in Medical Malpractice Suits

November 26, 2019 | Lebowitz & Mzhen

When an individual ends up in a hospital, they expect that the nurses and doctors will take care of them and make sure they are safe. Because of the level of trust given to health care professionals, and the stakes at issue, Washington, D.C. (the District) medical malpractice cases can be extremely traumatic. Unfortunately, however, doctors and nurses can and do make mistakes. Generally, Washington, D.C. law allows victims to sue when they are injured as a result of those mistakes.

However, some laws in the District may prevent a plaintiff from recovering anything against their medical provider, even if they were injured as a result of the provider’s negligence. For instance, Washington, D.C. residents should be aware of the District’s harsh contributory negligence rules, which will bar a plaintiff from recovering anything for his damages if the court finds he was at all responsible for his injury. This applies in situations where a plaintiff is found to be just 5 percent responsible. In some unusual cases, a plaintiff who brings suit against a medical provider and is found partially accountable may even end up owing the medical providers money for legal fees.

Additionally, plaintiffs may find themselves unable to recover if they decide to leave the hospital against medical advice (AMA). Typically, in these cases, the hospital will ask the patient to sign a form indicating that they are leaving AMA, that they assume all of the risks of doing so, and that they release the hospital and medical staff of all liability. Sometimes patients won’t even read this form thoroughly, but signing it can preclude a plaintiff from successfully bringing a suit later on. For instance, in a recent state appellate opinion, the court dismissed a plaintiff’s lawsuit against her doctor because she signed an AMA form.

Are Contracts that Limit a Washington, D.C. Statute of Limitations Enforceable?

November 12, 2019 | Lebowitz & Mzhen

A statute of limitations refers to the time period in which a lawsuit must be filed. Knowing the relevant statute of limitations is essential, and it varies depending on the type of claim and where the claim is filed. The general statute of limitations for Washington, D.C. personal injury lawsuits is three years, as explained in D.C. Code § 12-301. However, some types of claims have shorter or longer statute of limitations. For example, the statute of limitations for wrongful death claims is two years. In comparison, Maryland has a three-year statute of limitations for personal injury claims and wrongful death claims.

Failing to file within the applicable statute of limitations will likely result in a dismissal of the claim, regardless of the merits of the claim. In some cases, the statute of limitations can be tolled. In other cases, the statute of limitations may be shortened based on an otherwise-agreed upon limitation. In a recent case before one state’s supreme court, the court considered whether a statute of limitations still applied despite a shortened limitation period agreed upon in a contract.

In that case, a tenant fell in the common area of her apartment complex. She later filed a claim against the apartment complex, alleging negligence and negligence per se, claiming that the complex failed to repair a crumbling curb, despite being aware of its condition. The complex claimed that the claim was barred by a limitations period that was included in her lease. The tenant filed the lawsuit exactly two years after her injury, and the claim normally would have been subject to a two-year statute of limitations. However, the woman’s lease contained a clause which stated that any legal claim against the complex was required to be filed within one year.

Spoliation of Evidence in Washington, D.C. Personal Injury Claims

October 22, 2019 | Lebowitz & Mzhen

When someone is injured in a Washington, D.C. accident as the result of someone else’s negligence, the law allows them to file a claim to recover monetary damages for their injury. But, in order to be successful, the plaintiff must prove their case through evidence. However, in some cases, the defendant may negligently or intentionally destroy evidence that the plaintiff needs to win at trial. This is particularly true in products liability cases but can happen in other Washington, D.C. personal injury cases as well. When this happens, plaintiffs can bring a spoliation of evidence claim against the party who destroyed the evidence.

In Washington, D.C., plaintiffs can only bring a spoliation of evidence claim against a third-party. For an example of a third-party spoliation case, take a recent state appellate case in which a plaintiff was injured using a paint sprayer at work. According to the court’s written opinion, the plaintiff was injured when the paint sprayer activated whilst being cleaned, and injected paint and minerals into his right index finger. The plaintiff was transported to the hospital and underwent a series of painful procedures to try and save his finger. Ultimately, the plaintiff’s finger could not be saved and had to be amputated all the way down to this hand. The plaintiff then had to have another medical procedure at the amputation site and is now at great risk of developing additional painful conditions as a result of the injury.

The plaintiff wanted to bring a products liability case against the manufacturer of the paint sprayer, but unfortunately, the paint sprayer and all of its related parts were negligently lost by the plaintiff’s workplace. The plaintiff thus brought a third-party spoliation of evidence claim against his workplace, because their negligence in storing the evidence he needed for his claim impacted his ability to recover under a products liability case.

The Importance of Causation in Washington, D.C. Personal Injury Cases

October 14, 2019 | Lebowitz & Mzhen

When someone is injured as a result of another person’s negligence, Washington D.C. law allows the victim to seek monetary compensation from the party responsible for their injuries. The victim may file a negligence action, and if successful they may recover for lost wages, past and future medical bills, and even for the pain and suffering they suffered as a result of their injury. While this may sound like a simple process, the requirements for successfully bringing a negligence claim can at times be difficult to manage.

To be successful in a negligence claim, a plaintiff must show that the defendant had a duty of care towards the plaintiff, that the defendant breached that duty, that the breach was a proximate cause of the plaintiff’s injury, and that the plaintiff suffered damages as a result. When filing a claim, it is crucial to include all of these elements in the complaint. Without one of the above elements, the case can be dismissed before it even begins, and the plaintiff will not recover any compensation for their injuries.

For instance, it is not enough to establish that the defendant had a duty of care toward the plaintiff, that they breached this duty, and that the plaintiff was injured. Missing in this example is the critical element of causation. To succeed, the plaintiff must show that their injuries were a direct result of the defendant’s breach of duty. This cannot be implied but must be explicitly stated.

How a Plaintiff’s Fault Plays into a Washington, D.C. Personal Injury Case

October 7, 2019 | Lebowitz & Mzhen

A state appellate court recently considered a case highlighting the importance of local contributory negligence laws in Washington, D.C. slip and fall cases. According to the court’s decision, the defendant, an auto car dealership, hired a cleaning company to clean the dealership. The plaintiff was an employee of the cleaning company and was covering for another employee janitor while cleaning the dealership one night. While cleaning, the plaintiff decided to take out the trash before scrubbing the floors of a certain area of the dealership. On his way to the dumpster, however, he slipped in a puddle of oil and transmission fluid that he had not seen previously.

As a result of his slip and fall accident, the plaintiff suffered a severe knee injury, and he eventually brought suit against the defendant dealership to seek monetary compensation. In his suit, he argued that the dealership was negligent by breaching their duty to maintain reasonably safe premises for him and that he suffered injuries as a result.

Under Washington, D.C. law in this situation, the defendant dealership might be able to argue that the plaintiff was partially at fault for his injuries, because he knew there was likely to be oil and transmission fluid on the floor and he thus should have been more careful. Employers do have a duty of care to provide reasonably safe working conditions for those who work for them, but employers faced with this type of liability may want to argue that the victim was contributorily negligent and thus partially responsible for the accident.

The Effect of Unforeseeable Causes in Washington D.C Personal Injury Lawsuits

September 26, 2019 | Lebowitz & Mzhen

In Washington D.C., injury victims may be able to recover for their damages if they can establish that their injuries were the result of another’s negligence. Lawsuits based on another’s negligence are appropriate when the accident victim can prove that the other party’s negligent action or inaction caused their injuries. Favorable outcomes are only possible when the victim successfully meets the following four elements of a Washington D.C personal injury action: duty, breach, causation, and damages. The first two elements require the victim to prove that the other party owed them a duty to act responsibly, and that they breached this duty. Victims often face challenges when they reach the causation element.

In Washington D.C., plaintiffs must prove that the defendant’s actions were either the cause-in-fact or proximate cause of the plaintiff’s injuries. Cause-in-fact is when the injury would not have occurred but-for some action of the defendant. Whereas, proximate cause is a legal theory where the plaintiff argues that the defendant engaged in some action that set in motion the sequence of events that ultimately led to the plaintiff’s injury.

Proximate cause is broken down into two further elements; policy, and cause-in-fact. Washington, D.C specified these two distinctions in an attempt to limit a defendant’s responsibility. Most frequently, the defense occurs in instances where a defendant claims that the chain of events that led to the plaintiff’s injuries was unforeseeable or extraordinary.

Contributory Negligence in Washington, D.C. Slip and Fall Lawsuits

September 12, 2019 | Lebowitz & Mzhen

Washington, D.C. slip and fall lawsuits are based on the traditional theory of negligence and fault. Thus, when a pedestrian slips and falls due to an issue with a walking area or path, the property or landowner may be liable for the pedestrian’s injuries. Most frequently, slip and fall lawsuits stem from injuries that occur on slippery surfaces, uneven walkways, unsecured rugs, or liquid spills. However, Washington, D.C. slip and fall lawsuits may also arise from injuries sustained from short steps, inappropriate lighting, and unstable handrails. For some, the damages that result from these dangerous conditions may not be significant; however, others suffer severe injuries after premises liability accidents.

Under Washington, D.C. premises liability law, property owners or occupiers must take specific steps to ensure that their property is safe for visitors. The standard of care that a property owner owes their visitor depends on the type of person who is visiting the property. In business situations, visitors are often considered “invitees.” These are individuals who enter a property for the benefit of the property owner. Property owners must use reasonable and ordinary care to correct and warn their visitors of any dangerous conditions. Although, Washington, D.C. law requires property owners to provide safe environments for customers and passersby; the law also requires invitees to engage in safe behavior.

Washington, D.C. law allows defendants to use contributory negligence as a defense to the claims against them. Washington, D.C. is one of only four states that follows the theory of pure contributory negligence. Pure contributory negligence bars plaintiffs from recovery if the courts find that they possessed any fault for the accident. This means that if the plaintiff were even 1% at fault, their claim would be barred entirely. There are ways to overcome a contributory negligence defense, but they require a thorough understanding of premises liability laws.

Statutes of Repose in Washington, D.C. Construction Accident Claims

September 5, 2019 | Lebowitz & Mzhen

When someone buys a home, especially one that is newly built, they assume that it will be safe. However, that is not always the case. Construction companies routinely cut corners as they approach deadlines, or as other jobs start coming in. On occasion, these shortcuts will affect the structural integrity of the home or the home’s safety.

Generally, home builders can be responsible when someone is hurt as a result of their negligence through a Washington, D.C. personal injury case. However, under D.C. Code § 12–310, there is a ten-year statute of repose that applies to these claims. A statute of repose is a law that imposes a deadline by which a plaintiff must file their claim. Unlike a statute of limitation, a statute of repose cannot be tolled or extended, even if the plaintiff has no idea they may have a case against the defendant until the statute has expired.

D.C. Code § 12–310 provides that claims resulting from the defective or unsafe condition of an improvement to real property must be filed “within the ten-year period beginning on the date the improvement was substantially completed.” A recent state appellate decision illustrates how courts analyze construction claims.

Washington, D.C. Slip and Fall Accident Victims Should Be Aware of Recreational Use Statutes

August 28, 2019 | Lebowitz & Mzhen

Washington, D.C. personal injury law imposes a duty on landowners to take certain precautions to ensure that their property is safe. Generally, when someone is hurt on another’s property due to the landowner’s failure to fulfill this duty, the injury victim can hold the landowner responsible for their injuries. However, if a recreational use statute applies, the landowner may be immune from liability. A recent case illustrates this concept.

According to the court’s opinion, the plaintiff and her boyfriend planned a camping trip at a state park. The two camped at a campground that was accessible from a parking lot. There were two paths to the campsite, a stone staircase and an Americans with Disabilities (ADA)-complaint handicapped ramp. After spending one night, the plaintiff tripped on some uneven pavement while climbing up the stone steps to the campground’s parking lot. The plaintiff filed a premises liability lawsuit against the state, as the operator of the park.

The state where the case arose has a recreational use statute, providing that any public entity is not liable for injuries occurring on “any unpaved road which provides access to fishing, hunting, camping, hiking, riding . . . water sports, recreational or scenic areas . . . [or] any trail used for the above purposes.” The state argued that the steps constituted a “trail” under the statute, and that the court should dismiss the plaintiff’s case. The trial court agreed, dismissing the plaintiff’s claim.

Why Leases Can Be Important in a Washington, D.C. Premises Liability Case

August 22, 2019 | Lebowitz & Mzhen

As a general matter, those who own or lease property owe a duty to those whom they allow onto their property. If a guest can establish that their injury was due to the property owner’s negligence, the injured party may be able to pursue a Washington, D.C. premises liability lawsuit.

Washington, D.C. premises liability rules apply to both owners of the property as well as those that lease the property. Technically, the laws apply to anyone or any company that exercises possession over the area where the injury occurred. Thus, some District of Columbia slip and fall claims require the court to take a detailed look at the lease between two parties to determine whether a party possesses the location.

In a recent federal appellate decision, the court was tasked with determining whether an insurance company that insured a church could be liable for the plaintiff’s injuries that occurred while at a bible camp at a resort. Ultimately, the court concluded that the insurance company was not on the hook for the plaintiff’s injuries because the lease between the church and the resort did not mention the attraction that caused the plaintiff’s injuries.