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Can Common Sense Prevail in a Condo Collapse?

Posted by Alfredo Vasquez | Jan 17, 2024 | 0 Comments

A recent decision by the District of Columbia Court of Appeals in a case involving a condominium collapse provides new perspective on negligence claims and the role of expert testimony. The Court grappled with whether expert testimony was necessary to prove negligence in the maintenance of a foundation wall. The Court raised important questions about when such testimony is required and when common sense should prevail.

The Condo Collapse

The case originated from the collapse of a foundation wall in a multi-unit condominium, rendering one unit uninhabitable for nearly a year. The affected owner sued the condo association, alleging negligent failure to perform necessary maintenance. Despite clear evidence that the association had been aware of structural deficiencies for over two years without taking remedial action, the trial court ruled in favor of the condo association based on the owner's failure to present expert testimony on the standard of care and causation.

Is Expert Testimony Always Necessary in a Condo Collapse Case?

The heart of the recent decision relates to whether expert testimony is a prerequisite for proving negligence. The trial court found that given the complexities of condominium associations, expert opinions were essential to establish both the standard of care and the causal link between negligence and harm. The appellate court, however, took a different stance. It argued that, in this case, the issues at hand were within the realm of common knowledge and everyday experience. The court emphasized that the board members responsible for the association were laypeople themselves, and the urgency of repairs had been clearly communicated by hired experts. It concluded that expert testimony was unnecessary to establish the association's breach of duty and causation.

A Call for Common Sense

This decision challenges the notion that expert testimony is a universal requirement in negligence cases. It underscores the importance of considering the nature of the allegations and whether the issues are readily understandable by laypeople. In cases where negligence is apparent from common knowledge and clear evidence, the court suggests that reliance on expert testimony may be unnecessary.

Striking a Balance

While legal complexities often demand expert insights, the Court's decision may spur new considerations when considering whether such testimony is truly necessary. As the legal landscape continues to evolve, landlord-tenant lawyers working on condo collapse cases with their clients should carefully consider all available options when balancing the need for expert testimony with a reliance on the court's common sense.

About the Author

Alfredo Vasquez

Alfredo Vasquez is an experienced civil attorney licensed in Washington, D.C. and Virginia.  Born and raised in Peru, Alfredo is a fully bilingual lawyer in English and Spanish. He has experience working closely with clients from a wide range of backgrounds. His pragmatic approach and determined...

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