Washington DC Injury Lawyer Blog

Filing Claims Against the Federal Government in Washington, D.C. Personal Injury Cases

November 5, 2019 | Lebowitz & Mzhen

Bringing a claim against the federal government complicates what may seem like a simple Washington, D.C. (D.C.) personal injury case. If the federal government is a defendant in a D.C. personal injury case, it will almost always argue that it is protected from suit for claims brought under the Federal Tort Claims Act (FTCA).

The Federal Tort Claims Act allows individuals to file claims against the federal government and its agencies for certain wrongful conduct committed by federal officials. In an FTCA claim, a plaintiff must show that their injury was caused by a federal employee, that the employee was acting within the scope of his employment, that the employee acted wrongfully, and that the act caused the plaintiff’s damages.

Certain claims can be barred, depending on the nature of the act. If a claim is based on the act or failure to act in a discretionary function or duty, the claim is barred. Determining whether an act was a discretionary function or duty requires a determination first of whether the actions involved an element of judgment or choice. If so, the second determination is whether the judgment is one that the discretionary function was intended to protect, as a decision based on public policy considerations. It is only if both determinations are answered affirmatively that an act would fall under the discretionary function, and the government would be protected from suit. If the government claims that it is immune from suit under the FTCA, the government has to prove that an exception applies

Third-Party Liability in Washington D.C. Medical Malpractice Lawsuits

October 28, 2019 | Lebowitz & Mzhen

Washington, D.C. and Maryland doctors who negligently treat a patient may face liability for a patient’s injuries caused by their negligence. Courts will hear and rule on medical malpractice lawsuits as long as the injury victim meets specific threshold requirements. Washington, D.C. medical malpractice victims must show that they had a medical professional-patient relationship with the provider. The victim must then prove that the medical professional was negligent in the diagnosis or treatment of their condition. Further, the patient must prove that it is “more likely than not” that the medical professional’s negligence caused their injuries. Finally, patients must show that they suffered physical, mental, or financial damages.

Proving the first element of a Washington, D.C. medical malpractice lawsuit is straightforward when there is a doctor-patient relationship between the parties. In those cases, the law is clear that doctors who enter into a physician-patient relationship owe their patients specific duties. These duties include providing a certain level of care and reasonably informing their patients of their treatment. Challenges arise when the injury victim is a third-party and not the doctor’s actual patient.

For example, a state appellate court recently issued an opinion dealing with issues in third-party Washington, D.C. medical malpractice lawsuits. In that case, a man injured four people and killed one when he struck a horse-drawn carriage. About a year before the accident, the man visited an eye institute, and a doctor determined he was legally blind and should not drive. A few weeks before the crash, the man visited another doctor at the same facility, and the doctor told him that his vision was improving and that he could drive with some restrictions. The victims filed a lawsuit against the driver and were awarded a judgment that the man could not satisfy. The man filed a medical malpractice lawsuit against the facility and assigned his claim and potential award to the plaintiffs in the car accident case against him. The medical facility moved to dismiss the case, arguing among other issues, that medical malpractice does not extend to third non-patient parties. In this case, the court found that although doctors may face third-party liability, it does not extend to situations where a doctor fails to warn a third-party about their patient’s driving risks.

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 Laws in Washington, D.C. Wrongful Death Claims

September 19, 2019 | Lebowitz & Mzhen

Anyone who has been injured or lost a family member in a Washington, D.C. personal injury accident may be entitled to monetary compensation. However, before pursuing a claim for compensation it is important for accident victims to keep in mind the role that their own negligence could play in barring recovery, even if that role was a slight one.

In Washington, D.C. wrongful death and personal injury cases, the doctrine of contributory negligence bars recovery for the plaintiff, if the victim was at all at fault in causing the accident. States and localities have various laws surrounding contributory negligence, so cases may play out differently depending on where in the country the suit is brought. The Washington, D.C. law is one of the harshest for accident victims, so navigating a suit with a potential contributory negligence defense can be incredibly risky without the aid of an attorney.

A recent state appellate opinion serves as a good example of how a plaintiff’s own fault can affect their ability to recover. According to the court’s opinion, a sixteen-year-old boy was murdered after leaving his high school early and without permission. While the details of his departure and subsequent murder are largely unknown, the evidence establishes that he was leaving to engage in either a firearms deal or to buy marijuana. When he was found later, he was in an apartment complex known for illegal activity and with a large amount of money. His estate brought suit against his high school in a wrongful death action, claiming that the school was negligent in not monitoring and supervising the victim.

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.