After any Washington, D.C. slip-and-fall accident, the injured party is entitled to pursue a claim for compensation against the party they believe to be responsible for their injuries. These Washington, D.C. premises liability claims must be brought within the timeframe set forth in D.C. Code § 12-301(8), which is three years from the date of the injury. If an accident victim fails to file their complaint on time, the court will dismiss the claim without reviewing it on the merits. This almost always results in the victim being completely prevented from recovering compensation for their injuries.
While it may seem simple to determine what the applicable statute of limitations is, that is not always the case. In some situations, a plaintiff believes that their claims are subject to a longer statute of limitations, only to find out that a shorter time period applies. This was the case in a recent Georgia appellate court opinion.
The Facts of the Case
The plaintiffs were the parents of a young boy who was injured while the family was living in a rental property owned by the defendant. One day, the plaintiffs’ son leaned up against a brick wall and the wall collapsed, resulting in the boy sustaining serious injuries. He was hospitalized as a result and incurred significant medical expenses.