Can I Sue My Neighbor if I Slip and Fall on Their Property?

How Do Slip and Fall Accidents Occur on a Neighbor’s Property?

According to the National Floor Safety Institute, slip and falls account for over 1 million visits to the emergency room each year. Slip and fall accidents are the second leading cause of injury-related death for those between the ages of 65 and 84.

There are multiple reasons why a slip and fall can happen on someone’s property, including:

• • Uneven surfaces, such as broken stairs or cracked walkways
  • Wet or icy conditions that haven’t been treated
  • Loose floorboards, rugs, or mats
  • Poor lighting
  • Transitions from one type of surface to another, such as carpet to wood
  • Obstacles such as children’s toys, power cords, or misplaced furniture

What Does Washington, DC Law Say About Slip and Falls on Your Neighbor’s Property?

You will need to keep two things regarding slip and fall accidents in Washington, DC — the statute of limitations and the contributory negligence rule.

Statute of Limitations

According to DC’s statute of limitations, those who received a personal injury or damage to property need to file a lawsuit within three years of the date of the accident. If you fail to file a claim within that time frame, the case will be dismissed.

Although three years seems like a long time, it goes by quicker than you realize, especially if you experience a severe injury. Memories fade, and evidence quickly disappears. Therefore, the sooner you file a premises liability claim, the better chance you have of getting the maximum amount of compensation.

Contributory Negligence Rule

According to the contributory negligence rule, if you are found to be partially at fault for the accident, even by one percent, you will not be able to recover any compensation for any other at-fault party.

For example, you are attending a party at your neighbor’s home. You slip on the icy stairs to your neighbor’s house and fall, breaking your hip. Later, you admit that you walked up the stairs while texting on your phone. The defense may use this information against you to prove that you weren’t paying attention while going up the stairs. If you had known the icy conditions of the stairs, you would have been more cautious.

Using this example, if the jury finds that you are partially at fault for the accident, your case will be dismissed, even though the neighbor failed to keep their premises safe.

What Evidence Will I Need to Gather to Prove a Slip and Fall Was My Neighbor’s Fault?

Although the property owner is responsible for keeping a safe and hazard-free property, you will need to gather evidence to prove they are accountable for your accident. Here are a few things that you can do to strengthen your slip and fall case:

• • • Make sure the property owner is aware of your accident and your injuries.
    • Take photos and video of the accident scene, including the hazards responsible for your accident. You may also want to take pictures of your injuries.
    • If there are any, talk to witnesses and get their contact information.
    • Visit the doctor as soon as possible. Even if the injuries seem minor, you will need to know the extent of the damage. Also, remember to record your medical expenses and any other payments related to the accident.

How Can Regan Zambri Long PLLC Help with My Case?

After a slip and fall, your neighbor should provide their insurance information so you can make a claim. However, that does not always happen. For the best settlement possible, your best option is to contact a premises liability attorney at Regan Zambri Long PLLC to help you with your claim.

For more than two decades, our Washington, DC personal injury law firm has been fighting for the rights of injury victims throughout the DC Metro area. Don’t fight the insurance company alone. Contact us today for a free consultation.