If you sustained injuries in an accident and believe someone else is to blame, you could sue them and win compensation. But this is easier said than done. “In D.C., if you had anything to do with the incident, the law might completely bar you from pursuing a claim, thanks to its contributory negligence rules,” says criminal attorney Tony Munter of Price Benowitz, LLP.
This blog will discuss the four primary liability theories under which most personal injury claims in D.C. fall. By reading, you’ll know your rights and responsibilities, DC’s legal environment, and even gain insight into the theory you’ll use for your case. Keep reading for more information.
Negligence
Most personal injury cases rely on negligence. Think of car accidents, truck collisions, slips and falls, and medical malpractice. These claims stem from a lack of care, in which someone fails to act reasonably or as expected, thereby harming someone else. To win, you must prove the following key elements:
- Duty of Care: The defendant was legally obligated to act with reasonable care.
- Breach of Duty: You must show how they violated this mandate, like a driver ignoring traffic rules or a doctor administering substandard care.
- Causation: Show either cause in fact (their actions directly caused your injury) or proximate cause (the accident was a foreseeable outcome of their actions).
- Damages: Show that you suffered actual harm due to their actions.
Intentional Tort
Someone may deliberately choose to harm you by assaulting you. If you get injured as a result, you could file a personal injury lawsuit for intentional tort. Here is what you need to do to win:
- Show Intent: If someone hits you with a bat, that’s intent; they picked it up and chose to swing it, knowing fully well it would hurt you. This intent is the first element you must prove to win your case.
- Act: Show that the act was deliberate, not accidental. They voluntarily chose to do it.
- Causation: Their deliberate act, whatever they did, whether they hit you with a bat, punched you, or ran at you, caused actual harm, for which you sought medical attention.
Strict Liability
It’s possible that a person or entity could be responsible for your accident, whether they did it intentionally or were negligent. Imagine buying a microwave from the store only for it to explode and burn down your house. The theory to use here is called strict liability. Here’s what you must prove to win:
- Strict Liability: The activity or product must be subject to strict liability, such as an abnormally dangerous activity or a defective product.
- Causation: Show a direct link between the product or activity in question and your injury.
- Damages: Demonstrate that you suffered actual harm.
Premises Liability
Imagine tripping on a puddle of water or drink at the store. If you suffer an injury, you could sue the management. Under premises liability, owners of establishments must ensure the safety of invitees (customers, patrons, tenants, event visitors, etc.) and licensees (social guests, neighbors, acquaintances, and even tenants’ family members). This theory is a subset of negligence, so the elements you must prove are the same.
Conclusion
By now, you understand the most prominent theories of liability used in personal injury lawsuits: negligence, intentional tort, strict liability, and premises liability. A personal injury attorney can evaluate the circumstances of your case and advise you on the theories to use. Occasionally, a single case might involve several theories of liability, especially when the incident involves multiple defendants.
An experienced attorney with a trusted reputation can make a considerable difference in your claim. With experience comes networks and access to resources crucial to pursuing your claim, such as firm funding and expert witnesses. Also, the more reputable your attorney is, the more the court will perceive your case as credible.
