Premises Liability Attorney in Washington DC

Caution wet floor sign on the floor

If you were hurt at little to no fault of your own while visiting someone else’s property, you may be entitled to significant compensation for medical bills, lost wages, pain, suffering, and more. To make sure you do not lose your right to seek compensation in court, you should consult with a premises liability attorney as soon as possible after your injury. In Washington, D.C., you may have as little as six months to file a claim.

With over 100 years of experience fighting for the rights of injury victims, the legal team at Marks & Harrison is ready to evaluate and handle your case from start to finish. Contact us today for a free consultation with a knowledgeable, compassionate premises liability lawyer in the District of Columbia.

What Is Premises Liability?

“Premises liability” is lawyerly jargon referring to the responsibility of property owners for injuries sustained by visitors to their property. It is helpful to think of premises liability as a specialized subset of negligence. That is, just as we all have a legal duty to take reasonable care to avoid harming others through our actions, property owners have a legal duty to keep their properties reasonably safe for lawful visitors. Injuries caused by a failure to uphold this duty can result in premises liability.

What are Some Common Scenarios That Can Lead to Premises Liability?

Again, premises liability arises when a visitor to someone else’s property is injured at little to no fault of their own. At the end of the day, there are as many unique scenarios that may give rise to premises liability as there are properties. No matter the circumstances, the premises liability lawyers at Marks & Harrison are ready to evaluate your case.

Among other things, our premises liability attorneys have experience handling cases involving:

How Is Fault Established in a Premises Liability Claim?

Establishing fault in a premises liability claim requires more than simply showing that you were injured on someone else’s property. You must also demonstrate that the property owner failed to keep the property reasonably safe for visitors.

Normally premises liability requires proving that:

  • You were on the property legally at the time of injury, as trespassers will normally be compensated only for injuries intentionally inflicted by the property owner.
  • The property owner or manager was in control of the property or otherwise responsible for the property’s condition at the time of injury.
  • The property owner failed to remove hazards they knew or should have known about and/or failed to warn visitors of a known hazard.
  • You were reasonably careful to avoid injury given the circumstances but were hurt anyway.

The specific responsibilities of property owners may vary slightly depending on the purpose of an injured victim’s visit. If they visited for the owner’s benefit (e.g., customers in a grocery store), the owner generally has a duty to scan the property regularly for unknown hazards. If a visitor stopped by for their own benefit (e.g., guests at a dinner party), the owner normally only has to remove or warn visitors of known hazards.

What If I Was Partly Responsible for the Accident?

One significant obstacle plaintiffs may face in Washington is the doctrine of contributory negligence. This rule prohibits plaintiffs from recovering any compensation if they contributed even slightly to the cause of the accident. As you might imagine, the results of this harsh rule can leave injured plaintiffs with the short end of the stick.

Unfortunately, the District of Columbia is one of the few jurisdictions in the United States that still adheres to this archaic rule. Therefore, it is very important that you work with a skilled Washington attorney who can push back hard when the at-fault party tries to pin the blame on you.

What Damages Are Available Through a Premises Liability Claim?

If you can show that a property owner’s failure to keep their property reasonably safe caused your injuries, you may be entitled to a wide range of legal compensation.

In general, you may be compensated for both the economic and non-economic impact of your premises injuries, including things like:

  • Medical costs you incur due to your injuries
  • Incidental costs, like travel expenses for doctor appointments
  • Lost wages from time missed at work
  • Projected loss in earning capacity
  • Physical pain and suffering
  • Emotional distress
  • Loss of consortium
  • Wrongful death
  • Funeral and burial expenses

Though some items on this list are more subjective in nature and, therefore, more difficult to express with hard-and-fast numbers, their potential value in your case should not be underestimated. This is especially true since, unlike many jurisdictions, Washington places no limit on the amount of non-economic damages a jury may award.

At Marks & Harrison, we are ready to aggressively pursue the full and fair compensation you deserve. To explore the results we have secured on behalf of our clients, follow this link.

What Is the Deadline for Filing a Premises Liability Claim in Washington DC?

For personal injury claims against private parties, Washington sets a filing deadline of three years after the date of injury. However, as we all know, there are hundreds of government properties scattered throughout the District of Columbia. If you are injured on one of these properties, a different deadline will apply.

For example, if you want to sue the federal government for personal injury, the Federal Tort Claims Act gives you two years to file a claim. By contrast, if you want to file a claim against Washington’s local government, you have only six months from the date of injury to give written notice. Because building a strong claim takes time, you should consult with an experienced attorney as soon as possible after your injury.

Also, remember that failure to comply with the governing deadline in your case will most likely destroy your right to seek compensation in court. With the threat of a lawsuit eliminated, you will then have little to push back with when the at-fault party makes an unfair settlement offer.

Contact a Washington DC Premises Liability Lawyer

If you were injured at little to no fault of your own while visiting someone else’s property, do not hesitate to have your case reviewed by a premises liability attorney. The sooner you do, the more time they will have to build a strong claim on your behalf. The legal team at Marks & Harrison is standing by to help. Contact us today to schedule a free consultation with an experienced Washington, D.C., premises liability lawyer.

Resources available to help victims in Washington DC. Here are some organizations and resources that may be helpful:

  1. District of Columbia Department of Consumer and Regulatory Affairs (DCRA): The DCRA is responsible for regulating and inspecting buildings and properties in Washington, D.C. They may have information regarding building code violations, property maintenance standards, and resources for premises liability accidents. You can visit their website for more information: https://dcra.dc.gov/
  2. Washington, D.C. Mayor’s Office of Victim Services and Justice Grants: This office provides support and assistance to victims of various crimes, including premises liability accidents. They may offer counseling, legal services, and other resources to help victims navigate the aftermath of an accident. You can find more information on their website: https://ovsjg.dc.gov/