Earlier this month, an appellate court issued a written opinion in a personal injury case that presents an important issue that comes up often in Washington, D.C. premises liability lawsuits. The case required the court to discuss the plaintiff’s own knowledge of the hazard that caused his injuries, and whether the plaintiff’s knowledge of the hazard should defeat his claim against the defendant. Ultimately, the court concluded that the plaintiff should have known about the dangers involved in moving a piece of broken glass, and it dismissed his claim.
The defendant was a homeowner who hired the plaintiff to perform some handyman work around his home. The defendant asked the plaintiff to remove a mirror from the basement that had been glued to the wooden framing along the wall. The defendant and the plaintiff decided the best way to remove the mirror would be to use a pry bar to pry the mirror off the wooden boards.
As the plaintiff pried the mirror from the boards, the mirror broke into several sharp pieces. The plaintiff was moving the glass shards out to the trash when the glass sliced his wrist, severing his ligaments.