Premises Liability Lawyers DC, MD, VA

Two defenses decide almost every fall case.

The first is notice: the owner says it did not know about the hazard and had no reasonable opportunity to find it. The second is open and obvious: the owner says the danger was there for anyone to see, so you should have avoided it.

Beating the first means proving the condition existed long enough that a reasonable inspection would have caught it, or that the owner created it. Beating the second usually means showing the hazard was not visible at all.

A result

$375,000. Our client, an older woman, went to sit down in a restaurant booth when the bench slid out from under her. The bench had never been bolted to the booth, but it looked identical to every other seat in the room, so there was nothing to warn her. She fractured her hip, had surgery the next day, and went from living independently to needing a wheelchair and then a walker. A latent defect is how you answer “you should have seen it.”

How premises law differs in D.C., Maryland, and Virginia

The biggest difference is what the owner owed you, and that can depend on why you were on the property.

D.C. Owners owe a standard of reasonable care under all the circumstances to lawful visitors, whether they came on business or as guests. Trespassers are different: they generally recover only for willful or wanton injury (Holland v. Baltimore & Ohio R.R., 431 A.2d 597 (D.C. 1981) (en banc)).
Maryland. Maryland still sorts visitors into categories. A business invitee is owed ordinary care to keep the property safe; a social guest is owed only a warning of dangerous conditions the owner knows about that are not easily discoverable; a bare licensee or trespasser is owed far less (Baltimore Gas & Electric Co. v. Flippo, 348 Md. 680 (1998)). Whether you were a customer or a guest can decide the case. See Maryland premises liability and fall claims.
Virginia. Virginia fall cases are especially sensitive to notice and open-and-obvious arguments, and Virginia allows only two years to file suit (Va. Code § 8.01-243(A)), compared with three years in D.C. (D.C. Code § 12-301(8)) and Maryland (Md. Code, Cts. & Jud. Proc. § 5-101). See Virginia premises liability and fall claims.

All three apply contributory negligence, so the open-and-obvious argument often doubles as a claim that you were at fault. And if the property was public, a short notice deadline may apply first: six months for the District of Columbia (D.C. Code § 12-309), one year for Maryland local governments (Md. Code, Cts. & Jud. Proc. § 5-304), and six months for Virginia counties, cities, and towns (Va. Code § 15.2-209). See claims against the District of Columbia.

Frequently asked questions

What do I have to prove in a slip-and-fall case?

Usually that the owner created the hazard or knew or should have known about it in time to fix it or warn you, and that it caused your injury. Owners commonly argue they had no notice. We answer with evidence of how long the condition existed, inspection and cleaning records, video, and witnesses.

What if the owner says the hazard was open and obvious?

That defense can fail when the danger was not actually visible, as with a latent defect like a bench that looked secure but was never bolted down. Because D.C., Maryland, and Virginia apply contributory negligence, the open-and-obvious argument is often also an argument that you were at fault, so it needs a direct answer.

Does it matter whether I was a customer or a guest?

In Maryland, yes. A business invitee is owed ordinary care to keep the property safe, while a social guest is owed only a warning of known dangers that are not easily discoverable (Baltimore Gas & Electric Co. v. Flippo, 348 Md. 680 (1998)). In D.C., owners owe reasonable care under the circumstances to lawful visitors generally, with trespassers treated differently (Holland v. Baltimore & Ohio R.R., 431 A.2d 597 (D.C. 1981)).

How long do I have to file a premises liability lawsuit?

Generally three years in D.C. and Maryland and two years in Virginia (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101; Va. Code § 8.01-243(A)). If the property is owned by a government, a written notice deadline as short as six months can apply first.

I fell on a public sidewalk. Who is responsible?

It depends on who controls the sidewalk and what caused the fall. The adjoining owner, a contractor, or a government may be responsible. Claims against the District of Columbia require written notice to the Mayor within six months (D.C. Code § 12-309), and Maryland and Virginia local governments have their own notice rules, so do not wait to find out.

Talk to a DMV injury lawyer today

Store video and inspection logs are often overwritten or discarded quickly, and a fall on public property can carry a notice deadline as short as six months. Call us soon after the fall.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

See the results →

These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.