In Washington D.C., property owners are responsible for clearing their parking lots, sidewalks, and other areas where pedestrians will walk of all snow and ice hazards within a reasonable amount of time. When they fail to do so, people can sustain very serious injuries as a result. Please continue reading and speak with our knowledgeable Washington D.C. personal injury attorneys to learn more about snow and ice accidents in Washington D.C. and how our firm can help you recover the financial compensation you deserve and need to heal. Here are some of the questions you may have:
Snow and Ice Removal Requirements Under D.C. Law
During the winter months, D.C law mandates that snow on private and commercial sidewalks must be removed within the first 8 hours of daylight once the storm ends. Additionally, property owners are required to provide a 36-inch pathway through the snow.
For District and federal sidewalks, the 8 hours of daylight rule also applies. In the event ice cannot be fully removed, sanding or salting is required.
What to Do After a Snow and Ice Accident in Washington D.C.
If you are injured in a snow and ice accident, you should do the following:
At the Scene
- Call the police and notify the property owner of your injury (for public sidewalks, log it through 311)
- Ask anyone who saw your accident for their name, phone number, and email address.
- Take pictures of the snowy/icy conditions that caused you to slip and fall
- Screenshot the time and temperature to show the weather conditions at the time of the accident
- Take photos of the shoes you were wearing and the tread pattern
Within 24-48 Hours
- Ensure you receive medical attention, and ask your doctor for all medical documentation/bills associated with your injury
- Keep the shoes you were wearing at the time of the accident
- Start a journal to document your pain and the limitations you experience
- Keep all documentation you receive related to your accident
Who Can Face Liability for Injuries?
Liability for injuries will depend on who owns the property where the accident occurred and whether or not another party assumed control of the maintenance.
Private Property Owners
Owners of private property are responsible for ensuring that their property is reasonably safe. As such, this means snow must be cleared from sidewalks within 8 daylight hours. Failure to clear can show that the owner created, knew, or should have known about the unsafe conditions on their property
Municipalities
The office of the Mayor is responsible for ensuring sidewalks and crosswalks adjacent to District property are cleared within 8 daylight hours. Similarly, the federal government is responsible for ensuring that sidewalks near federal buildings, parks, and reservations are also cleared under the 8 daylight hours rule.
Snow or Ice Contractors
In the event a property owner hires a contractor to plow snow or salt their property, they can face liability if they perform their duties negligently, like missing a cycle or inadequately salting. This is because they assume the duty. As such, a contractor can face liability with the property owner.
Landlords vs. Tenants
In some instances, a lease or rental agreement will shift who is responsible for snow or ice removal from a landlord to a tenant, so determining who is ultimately responsible for this task is critical. As such, if you are injured in front of a rental property, you should send control and preservation notices to both the owner and occupant of the property.
D.C.’s Contributory Negligence Statute
It is vital to note that D.C. adheres to the contributory negligence statute. This means anyone who is found to contribute even 1% to the injuries they suffered will be barred from collecting compensation for their damages. As such, contacting an attorney as soon as possible is critical.
What Is the Statute of Limitations for Snow and Ice Accidents?
Depending on the owner of the property on which you were injured, you will have to file your personal injury claim within a certain timeframe, known as the statute of limitations.
Private Property
In the event you are injured on a sidewalk adjacent to a private residence or commercial business, the standard statute of limitations will apply. Under D.C. law, you have three years from the date on which the accident occurred to file a claim against the appropriate party.
Municipal Property
If you were injured on property owned by the District, you will have to file a Notice of Claim within six months. This is a letter that is sent to the Office of Risk Management that details your information, information about the accident, and the damages you have suffered. However, if you were injured on federally owned property, you are required to file a Federal Tort Claims Act.
SPEAK WITH AN EXPERIENCED WASHINGTON, D.C. PERSONAL INJURY ATTORNEY
The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.