Boat Accident

Washington D.C. Boating Accident Lawsuits

July 10, 2021 | Lebowitz & Mzhen

For many Americans, boating is a popular and leisurely activity that people look forward to all year-especially this year as many are eager to meet up with friends and loved ones. While pleasure boating is fun for all ages, these seemingly relaxing activities can quickly turn dangerous. Washington D.C. boating accidents can result in serious injuries to individuals on board, in the water, or near docks. Those who embark on the water this summer should understand the real risks associated with these activities.

The U.S. Coast Guard released its recent reports on boating fatalities in the United States. The report revealed that boating accidents increased over 26%, and non-fatal injury victims increased nearly 25%. Further, the number of boating fatalities increased 25.1% from 2019 to 2020. While access to many activities was limited over the past year, recreational boating significantly increased. Researchers discovered this increase by examining boat sales, boat insurance policies, injury claims, and towing assistance calls. Understandably the increase in boaters, especially novice boaters, has led to more exposure to dangerous situations.

Boating in Washington D.C. requires the experience of those who can skillfully and safely handle these vessels. When a boat operator fails to engage in the safe operation of their boats, operate their boats while under the influence of alcohol or drugs, or fail to maintain their boats in safe working order, accidents are inevitable. The report indicates that the most common vessels involved in fatal accidents included open motorboats, personal watercrafts such as jet skis, and cabin motorboats.

Res Ipsa Loquitor in Washington, D.C.: Inferring Fault from the Fact that an Accident Occurred

July 28, 2020 | Lebowitz & Mzhen

In some personal injury cases, negligence may be obvious from the accident itself. In these situations, a plaintiff in a Washington, D.C. injury case may be able to invoke the doctrine of res ipsa loquitor. Res ipsa loquitor is a legal doctrine that applies in negligence cases where negligence is obvious from the occurrence itself. Under Washington, D.C. law, a plaintiff that invokes the doctrine is required to prove, 1.) the occurrence is one that normally does not occur in the absence of negligence; 2.) the occurrence was caused by an agent or instrument that was within the defendant’s control; and 3.) the plaintiff did not cause or contribute to the incident resulting in heir injuries.

Washington, D.C. courts have cautioned against the use of the doctrine. Courts have held that a plaintiff must show that negligence can be inferred based on matters of common knowledge or present an expert to explain that the accident generally did not occur in the absence of negligence. In a recent case, another state’s appeals court considered whether the doctrine absolved the plaintiff of proving that a defendant had notice of a dangerous condition after the plaintiff’s chair broke on a cruise ship.

The plaintiff in the noted case sat on a chair on a Carnival cruise ship and the chair collapsed. After she fell, she saw that a leg had fallen off the chair. At the medical center aboard the ship, they found her arm was not broken and she was given Tylenol, ice, and a sling. After the cruise, the plaintiff discovered that she was suffering from medial epicondylitis and ulnar neurapraxia, or tendinitis, and a nerve injury. The plaintiff filed suit against the cruise line, alleging in part that it had failed to inspect and maintain the cabin furniture. After a court dismissed her case, an appeals court considered whether the doctrine of res ipsa loquitor applied. The plaintiff argued that even if the cruise line did not have notice of the chair’s dangerous condition, it could still be held liable under the this doctrine.

What Happens When Washington, D.C. Residents Are Injured While on Vacation?

June 25, 2020 | Lebowitz & Mzhen

Many Washington, D.C. residents try to get away from their hectic and busy lives by planning a relaxing cruise vacation. These ships can travel all around the world and are generally a great way to unwind. However, just as in real life, accidents can happen on vacation. Sometimes a tragic incident can ruin a cruise and leave a plaintiff seriously injured. When this happens, Washington D.C. residents should remember that they may be able to file a personal injury lawsuit against the cruise line to recover for the harm they suffered.

Take for example a recent federal case against Carnival cruise lines. According to the court’s written opinion, the plaintiff was on vacation with her family aboard a Carnival cruise ship. Tragically, while on one of the decks of the boat, her three-year-old daughter fell off the deck onto the deck below, suffering head injuries. Eyewitness accounts report that the toddler was climbing the railing, although reports vary as to whether the toddler fell over or fell through the railing. The plaintiff sued Carnival cruise line, alleging negligence in the creation and maintenance of the guardrail.

Generally, to be successful in a personal injury claim, the plaintiff must prove three things: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant’s breach caused the accident or injury; and (4) that the plaintiff suffered actual harm as a result. The court in this case was focused on the first requirement—establishing the duty of care—because the defendant had filed a motion for summary judgment to dismiss the case, claiming that they did not have notice of the danger or hazard and thus had no duty to fix it.

Pursuing a Personal Injury Claim against a Negligent Washington, D.C. Employer

February 5, 2019 | Lebowitz & Mzhen

Washington, D.C. personal injury claims that are brought by an employee against an employer are rare, because the Washington, D.C. workers’ compensation program typically acts as an injured employee’s sole remedy against their employer. The good news is that workers’ compensation claims do not require an employee to show that their employer was at fault. This makes obtaining compensation easier in situations where an employer was not at fault, or even when an employee was at fault.

The problem with workers’ compensation claims is that they offer limited compensation to injury victims. Generally, a workers’ compensation claimant is only entitled to compensation for medical expenses and wages. This leaves an injured employee with no recourse for the emotional pain and suffering that frequently accompany these injuries.

Although rare, in some cases it is possible to pursue a Washington, D.C. personal injury claim against an employer. For example, if an employer caused an employee’s injury through intentional conduct, the employer may not receive protection from the workers’ compensation program. Additionally, if the injured worker is either a seaman or a railroad worker, federal law may explicitly allow for a claim to be filed against an employer.

Legal Liability for Accidents Occurring on Guided Tours in Washington, D.C.

May 23, 2017 | Lebowitz & Mzhen

There is a lot to do in Washington, D.C. and the surrounding area. From historical sites to breweries and wineries to nature and boating activities, there are a number of exciting activities that await anyone willing to hop in the car and go for a quick drive. In many cases, tour companies are eager to take visitors on guided tours of these areas.

While no one wants to think about getting injured while on a guided tour, the reality is that it does happen on occasion. When someone is injured on a guided tour, the tour guide, the tour company, and potentially several other parties may be legally responsible for the injuries to the guest, depending on the surrounding circumstances.

Of course, the mere fact that someone is injured while on a tour will not necessarily give rise to liability. However, if the surrounding circumstances suggest that the guide was somehow negligent, liability may be appropriate. Additionally, if a guide is aware of a danger but fails to warn tour-goers, there may also be a case for legal liability.