When someone slips and falls in public, they may be embarrassed and assume that their fall was 100% their fault. However, it is important for Washington, D.C. residents to remember that there are often times where a property owner is responsible for allowing a hazardous situation on their property—a situation that causes people to slip and fall. In fact, those injured in these types of accidents may even be able to bring a personal injury lawsuit against a property owner to claim monetary damages, which can cover past and future medical expenses, pain and suffering, and lost wages incurred due to the accident.
To be successful in a Washington, D.C. premises liability lawsuit, a plaintiff typically must prove that the hazardous situation that caused them to slip was not “open and obvious.” For example, if there were a large hole in a parking lot, but the hole is large, obvious, and roped off, then it is likely an open and obvious hazard, and someone who falls in may not be able to successfully recover.
Often, parties in these lawsuits will disagree about what constitutes an open and obvious danger. Take a recent state appellate case, for example. According to the court’s written opinion, the plaintiff was taking her children to get ice cream when she tripped on a small hole in the pavement outside the ice cream shop. She sued the property owners, but the defendants argued they could not be held liable because the small hole was open and obvious. The trial court agreed and granted judgment to the defendants without even allowing it to get to a jury, but the case was appealed.