Winters in Washington, D.C. can be unpredictable, with some years being relatively mild and others filled with heavy snowfalls and deep freezes. Snow and ice are common hazards in the winter months, and slipping and falling on these dangerous conditions can lead to painful and costly injuries. If your fall happened because someone failed to clear snow or ice properly, you may have grounds to sue or file a personal injury claim. Continue reading for more information and speak with a knowledgeable Washington, D.C. snow & ice accident lawyer today.
Can I Sue if I Fell on Snow or Ice in Washington, D.C.?
Washington, D.C. law requires residential and commercial property owners to remove snow and ice from the sidewalks directly surrounding their property within the first 8 hours of daylight after a storm ends. If an owner fails to comply, they can be fined by the government and considered negligent if someone is injured as a result.
Negligence is the key concept in determining whether you can sue for your injuries. A property owner can be considered negligent under premises liability if they knew or should have known about a hazard and failed to take action to rectify the situation in a reasonable timeframe.
How Can I Prove Negligence?
If you are trying to prove a property owner’s negligence after your slip and fall, it is crucial that you gather documentation, including:
- Photos of the ice, snow, or hazardous area before conditions change and your proof melts away
- Accident reports
- Medical records linking your injury to the accident
- Witness information
These types of evidence and more can help establish the four elements of negligence. You must be able to prove that the owner owed you a duty of care, that they breached the duty of care, that the breach caused your accident, and that you sustained real damages like financial or other losses.
How Long Do I Have to File My Lawsuit?
If you were injured as a result of snow or ice buildup on another person’s property, you must take legal action within the constraints of the statute of limitations. A statute of limitations is a legal timeframe in which you have the right to take legal action for an incident. Under D.C. law, you have three years from the date of an accident to file a personal injury lawsuit.
If you fail to initiate legal action by the time the deadline expires, you will lose your right to compensation. It is important to note that legal action against government agencies has stricter rules. If you fell on government property, you must file a notice of claim within six months of the accident.
It is crucial that you file your claim or lawsuit within the statute of limitations to protect your right to compensation and justice. Work with a skilled attorney for legal counsel and representation during your case.