Washington DC Injury Lawyer Blog

Dealing with Difficult Insurance Companies after a Washington, D.C. Accident

March 13, 2020 | Lebowitz & Mzhen

Homeowner’s insurance policies can be very advantageous for Washington, D.C. residents. It can protect homeowners from claims brought against them for property damage or bodily injury arising out of their property or tortious conduct. However, insurance companies are notoriously difficult to work with when an incident does occur, because they have an interest in paying as little as possible, and so they often deploy expensive legal teams to reduce their liability. Because of this, Washington, D.C. accident victims who decide to file civil suits against a negligent party may find themselves involved in litigation with the defendant’s insurance company first.

A recent case considering insurance policy provisions in another state highlights the importance of what a policy does and does not cover. According to the court’s written opinion, the insured purchased a homeowner’s insurance policy from his insurance company, which provided coverage for both personal liability and property damage. The policy contained an exception and did not cover the insured if a claim was made against him for damages arising out of a premises owned or rented by the defendant but not insured under the policy. The insured owned a cabin in Maine that was not insured under the policy and was the location of the tragic incident that sparked this lawsuit.

In the summer of 2015, the insured’s two children, along with two of their friends, went to the cabin to celebrate an upcoming birthday. In the cabin, they plugged in the cabin’s small generator the insured kept at the property to charge power tools. They ran this generator inside the cabin without opening any windows or doors, and ultimately all four died of carbon monoxide poisoning.

Proving a Defendant’s Knowledge of a Hazard in a Washington, D.C. Slip and Fall Lawsuit

March 5, 2020 | Lebowitz & Mzhen

In a Maryland slip and fall case, a plaintiff has the burden of proving several elements before they are entitled to recover for their injuries. Maryland slip and fall victims must prove that a dangerous condition existed, that the defendant had actual or constructive knowledge of the hazardous condition, and that the defendant had knowledge in enough time for the opportunity to remove the condition or to warn the plaintiff. This means that a plaintiff generally has the burden of proving what the defendant actually knew — or what the defendant should have known, given the surrounding circumstances. Thus, the knowledge requirement can be broken down into actual knowledge and constructive knowledge.

If a plaintiff claims the defendant had constructive knowledge, they must show how long the dangerous condition was present before their fall. If a plaintiff fails to prove that the defendant created or knew of the dangerous condition, or that it existed long enough so that the defendant should have known about it, the defendant is entitled to summary judgment.

In a recent appellate opinion, the court dismissed a slip and fall case against a grocery store after a woman slipped and fell while shopping. The woman claimed that she fell on a liquid on the floor while she was at the store that appeared to be from a squished grape. The store argued that there was no evidence that the store had actual or constructive knowledge that there was any liquid on the floor. The woman claimed that there was a dispute over whether the liquid was on the floor long enough that the store should have been aware of the substance.

Small Mistakes Can Have Large Impacts in Washington, D.C. Personal Injury Cases

February 25, 2020 | Lebowitz & Mzhen

Filing a personal injury case in Washington, D.C. is a complicated process, governed by strict and numerous rules. Even the most meritorious claim can be defeated solely due to a failure to abide by a particular rule, such as filing after the statute of limitations has expired or improperly pleading a case. While some plaintiffs may be able to successfully navigate these rules themselves, the likelihood of a mistake is much higher when a suit is filed without the assistance of an attorney.

Small mistakes in these cases can change the entire outcome of the suit. For example, a state supreme court recently considered a personal injury case resulting from a car accident, where the plaintiff, a world-ranked collegiate athlete, was injured, allegedly leading to hip surgery years later and negatively impacting his personal life and athletic career. The defendant acknowledged fault for the accident, although disputed the plaintiff’s expert witness’s testimony as to the extent of the harm and the amount of damage caused.

On the last day that the parties were allowed to submit expert witnesses, the plaintiff submitted a new expert who would testify as to the plaintiff’s future lost wages and earnings as a result of the accident. The defendant, in response, was a week late in identifying a rebuttal witness, having missed the deadline supplied by the court. The trial court thus excluded the rebuttal witness’s testimony. At trial, the plaintiff’s expert provided extensive and unrebutted testimony to support the claim for future lost wages and earnings, and the jury ultimately awarded $2 million to the plaintiff. The defendant appealed to the court of appeals, who affirmed the decision to exclude the evidence, and the case was finally brought to the state supreme court.

The “Hazardous Condition” Requirement in Washington, D.C. Slip and Fall Claims

February 19, 2020 | Lebowitz & Mzhen

When someone slips and falls in Washington, D.C., they may believe that they are the only ones at fault for their accident and resulting injuries. They may be embarrassed to tell anyone, or to complain about a hazardous condition that caused them to fall. But Washington, D.C. law protects plaintiffs who fall under these circumstances by allowing them to file a civil negligence suit against a property owner if they are negligent or reckless in maintaining their property. This is true for landlords who own commercial apartment complexes or business owners maintaining a shop for the public. While not liable in every situation where someone is harmed on their property, these individuals have a duty to ensure that dangerous conditions are remedied or handled in such a way as to minimize the chance of injury.

Nevertheless, Washington, D.C. plaintiffs should be aware that not every injury on a property is the fault of the owners. There are many cases where a court may determine that the condition that caused the fall was “open and obvious,” such that the plaintiff should have reasonably seen it and avoided it. For example, a state supreme court recently held that a plaintiff was not entitled to relief when they tripped over a yellow speed bump in the defendant’s parking lot. According to the court’s written opinion, the plaintiff admitted she saw numerous yellow lines on the parking lot and that, since she had been in that parking lot many times, she must have previously noticed the speed bumps. The trial court entered judgment in favor of the defendants, finding that the plaintiff had not provided evidence that there was a hazardous condition in the parking lot, a requirement for her claim to succeed. The plaintiff appealed.

On appeal, the plaintiff argued that a speed bump is inherently dangerous and is only considered “open and obvious” if it is properly designed and maintained and it is marked with signs warning the public about its existence. According to the plaintiff, the speed bump was not properly designed because it was the same color as the lines marking individual parking spaces, and there were no warning signs. The court, however, disagreed, finding that the speed bump was open and obvious and the plaintiff could have reasonably been expected to be aware of its existence and avoid tripping over it. Ultimately, the court did not find any evidence suggesting that the bump constituted a dangerous condition under the meaning of the law, and the plaintiff’s suit was dismissed.

Expert Testimony in Washington, D.C. Product Liability Cases

February 11, 2020 | Lebowitz & Mzhen

When someone is injured in a Washington, D.C. accident, the law allows them to file a civil suit against the responsible party to recover monetary damages for their injuries. Generally, this process requires proving four things. First, that the defendant owed a duty of care to the plaintiff. Second, that the defendant breached that duty through some act or omission. Third, the plaintiff’s injuries were caused by the defendant’s breach. Lastly, the plaintiff suffered actual damages. Failure to prove one of these elements can be fatal to a plaintiff’s claim. In Washington, D.C. personal injury lawsuits, plaintiffs may bring in expert witnesses to help prove these elements; expert witnesses can help explain how an accident happened or the extent of the resulting injuries to the court.

While expert witnesses can be extremely helpful for plaintiffs, there are certain situations where expert witnesses can be used by the defense against the plaintiff. Defendants can also call expert witnesses who may provide testimony stating that a plaintiff’s claim is false. This can damage the plaintiff’s claim, sometimes even ending it altogether; if a defendant has a reliable expert witness and a plaintiff has none, the plaintiff might automatically lose.

Take, for example a recent state appellate case against Johnson & Johnson. According to the court’s written opinion, the plaintiff used Johnson & Johnson talc-based products—specifically Shower to Shower and Baby Powder—regularly for years. In 2016, she was diagnosed with malignant mesothelioma, and filed suit against Johnson & Johnson and their talc supplier, alleging that the company’s Shower to Shower and Baby Powder contained asbestos, causing her illness. In response, Johnson & Johnson produced the testimony of an expert witness, a geology Ph.D. specializing in characterizing asbestos in raw materials and the development of asbestos analytical methods. Based on his specialized knowledge and a review of various governmental and academic studies, the expert concluded that the talc sourced from the specific mines providing for the two products was asbestos-free.

Landlord Liability in Washington, D.C. Rental Home and Apartment Accidents

February 4, 2020 | Lebowitz & Mzhen

As more and more Washington, D.C. residents live in apartments, issues of landlord liability for injuries suffered on the property is of increasing importance. All residents expect to be safe when they are at home and may not worry as much about accidents in their living spaces as they do out in public. But a recent report out of New York City highlights that accidents can truly happen anywhere—including in individuals’ apartments—and how injured plaintiffs can recover against their landlords in some cases.

According to a major news source covering the New York incident, a landlord in the East Village decided to save some money and install a faulty gas system, rather than spending more money to ensure the system was safe. In 2015, the gas line caused an explosion on the landlord’s property, resulting in the tragic death of two men. In addition, the blast destroyed two buildings and injured over 12 other people.

Instances like the tragic story above are fortunately rare, but injuries caused by landlords’ negligence are not. While typically on a smaller scale than the large gas explosion, Washington, D.C. residents may be injured in or around their apartments from a variety of things, such as tripping over built-up garbage and litter on the walkways or stepping through a faulty stair. What many D.C. residents might not realize is that their landlord may be held liable for their injuries in these cases.

Washington, D.C. Johnson & Johnson Baby Powder Lawsuits

January 28, 2020 | Lebowitz & Mzhen

Individuals in Washington, D.C. who use Johnson & Johnson baby powder might have been exposed to serious risks by using the company’s talc-based baby powder. The company, which produces a wide range of household products, is currently being sued by the state of New Mexico for misleading consumers about the safety of its baby powder and other talc-based products. If true, the allegations could have a serious impact on Washington, D.C. consumers who use the company’s products.

The lawsuit against Johnson & Johnson accuses them of concealing the dangers of their talc-based products, which allegedly contain carcinogenic asbestos. According to a major news report covering the suit, the products at issue have been associated with certain types of cancer and lung disease. The suit, brought by New Mexico’s Attorney General on behalf of the state, alleges that Johnson & Johnson is continuing to market these products to consumers, despite their dangers. This type of suit is what is commonly called a “failure to warn” case. All companies, regardless of size, are generally required by law to warn consumers about any potential dangers posed by their products. For example, a company producing hairdryers must include a warning about how the product can cause electric shock if dropped in water while turned on, and cigarette companies are required to include warnings about lung cancer on the boxes of their cartons.

Similarly, if talc-based products pose a danger to consumers, Johnson & Johnson has a legal duty to warn consumers of such. If instead of warning consumers, companies conceal information or fail to disclose it, they can be held liable under tort law. These lawsuits are typically high profile and can be very expensive, sometimes resulting in penalties of over one billion dollars.

Public School Liability in Washington, D.C. Injury Cases

January 21, 2020 | Lebowitz & Mzhen

Filing a claim against a public school and its employees can be an uphill battle. This is particularly true because of the doctrine of qualified immunity. In a Washington, D.C. injury case, if a plaintiff files a claim against government officials, the officials are generally immune from suit as long as they are performing “discretionary functions.” Discretionary functions generally involve an element of judgment or choice.

Local schools are afforded extremely broad protection. In general, local schools are protected from liability for conduct that does not violate clearly established constitutional rights at the time of the conduct at issue and that is not carried out in bad faith. If qualified immunity is established, it acts as an absolute bar to the lawsuit.

In a recent state appellate court opinion, the plaintiff encountered immunity as a bar to their case. According to the decision, the plaintiff was a high school junior at a military school and was caught plagiarizing her homework. She admitted that she violated the school’s honor code, and was given a punishment of ten hours of physical exercises, which had to be completed one hour each day. The full hour of exercises had to be completed or the day would need to be repeated.

Washington, D.C. Criminal Cases May Lead to Civil Personal Injury Cases

January 15, 2020 | Lebowitz & Mzhen

The difference between civil law and criminal law is important to understand. While both generally try to protect individuals from harm and deal with harm once it has occurred, they do so in very different ways. Criminal law deals with punishment of criminal offenses, such as murder, burglary, or assault. A defendant in a criminal law case, if found guilty, may be subject to incarceration. On the other hand, civil law deals with disputes between two different parties, usually issues of negligence. For example, medical malpractice, slip and falls, and car accident claims may all be brought in civil court. While civil law can hold a defendant responsible for monetary damages, a defendant cannot be sent to jail in a civil trial. However, it is important for Washington, D.C. residents to understand that, despite the distinction between these two areas of law, one incident or accident can lead to both a civil and criminal trial.

When someone is injured by a criminal act, such as an assault, there is typically a criminal investigation. Many victims make the mistake of thinking that the criminal investigation is the only possible response in that situation. In fact, in many of these situations, a plaintiff can also bring an individual civil suit against the person who harmed them or another responsible party. For example, if someone is hit and killed by a drunk driver, there will likely be a criminal investigation and the driver may be charged with manslaughter. However, regardless of how the criminal trial goes, the victim’s family can also bring a negligence action against the intoxicated driver to recover for pain and suffering, medical bills, lost wages, funeral expenses, and more. Unlike a criminal trial, this civil trial can provide monetary compensation directly to those individuals most impacted and harmed by the accident.

Sometimes, the civil suit can be brought not against the alleged “criminal” but another party. This is most common in premise liability cases. In Washington, D.C., property owners are responsible for taking reasonable precautions to protect those they invite onto their property. Failure to do so can result in liability. For example, a recent state appellate case considered the wrongful death of an apartment complex’s resident. The resident was headed to work when he was robbed and shot, ultimately dying from the gunshot wound. While a criminal case was opened against the men who shot him, the victim’s family also brought a civil case against the apartment complex owner. In some cases, an apartment complex can be found negligent for not doing more to protect its residents from crime. Failure to install security cameras or patrol known dangerous areas can be evidence of negligence in this type of case. Thus, Washington D.C. plaintiffs should keep in mind that events leading to a criminal case may also lead to a civil case, allowing them to recover for the injuries suffered.

When Does the Statute of Limitations Begin to Run in a Washington, D.C. Medical Malpractice Case?

January 6, 2020 | Lebowitz & Mzhen

A medical malpractice case in Washington, D.C. generally must be filed within three years of the accrual of the cause of action. Under D.C. law, the cause of action accrues, and the statute of limitations begins to run, not when the injury occurs but when the plaintiff knows of the injury or should know of the injury through the exercise of due diligence. A recent decision from a state appeals court illustrates the potential complexities involved in determining when a plaintiff knew or should have known of an injury.

In that case, when the plaintiffs’ minor son was born in September 2009, the parents were told that the baby suffered from an infection, and he remained in the hospital for 10 days after his birth. When the baby was discharged, the mother was told that the baby was healthy and normal. However, she soon began noticing that he was not meeting certain developmental milestones. In April 2010, a CT scan showed that the baby had suffered a fractured skull injury. Almost two years afterward, the baby was diagnosed with spastic cerebral palsy. The mother was told that this type of cerebral palsy is usually caused by a lack of oxygen to the baby’s brain during labor and delivery. The parents filed the complaint in November 2013, claiming that the son’s neurological injury was caused by improper care by the hospital and medical professionals at the hospital.

The defendants claimed that the case was barred by the statute of limitations. Under applicable state law, the claim had to be filed within two years of the time when the incident was discovered or should have been discovered with due diligence. The parents argued that the statute of limitations did not begin to run until November 2012, when the parents were informed that the spastic cerebral palsy might have been related to the delivery. The defendants argued that the statute of limitations began to run in May 2010, when the family should have discovered that medical negligence had occurred. The family met with an attorney at the time, who requested the baby’s medical records. A trial court agreed with the defendants and dismissed the case, and the parents appealed.