Krieger v. American Maintenance Company, Inc.
Civil Action No. 2017-0386
| D.D.C. | May 2, 2017Background
- Plaintiff Mark Krieger, a D.C. resident and Hamilton restaurant employee, sued American Maintenance Co. after slipping on a floor washed by defendant without a "wet floor" sign on January 18, 2015.
- Complaint filed in D.C. Superior Court on January 3, 2017; defendant removed to federal court based on diversity jurisdiction.
- Complaint alleges two counts: Count 1 — common-law negligence/breach of industry standards; Count 2 — violation of the D.C. Safe Workplace Act (D.C. Code § 32-808(a)).
- Defendant moved to dismiss Count 2, arguing the Safe Workplace Act does not create a private cause of action and only serves as evidence of negligence, not an independent claim.
- Plaintiff argued the counts must remain separate to preserve the distinction that contributory negligence is not a defense to a Safe Workplace Act-based claim.
- The Court denied the motion to dismiss Count 2, holding the statutory Safe Workplace claim is distinct from common-law negligence in duty scope and available defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Count 2 (Safe Workplace Act) may stand as a separate cause of action | Kreiger: the Act-based claim is distinct and must be pleaded separately to preserve that contributory negligence cannot bar recovery under the Act | American Maintenance: the Act creates only a duty of care; violations are evidence of negligence and not an independent cause of action | Court: Denied dismissal — Act-based negligence is a separate theory with distinct duty and defenses |
Key Cases Cited
- Velasquez v. Essex Condominium Assn., 759 A.2d 676 (D.C. 2000) (Safe Workplace Act sets a statutory duty of care and Act-based claims are analogous to negligence)
- Brown v. 1301 K Street Ltd. Partnership, 31 A.3d 902 (D.C. 2011) (actions under the Safety Act are analogous to negligence for some purposes)
- Martin v. George Hyman Const. Co., 395 A.2d 63 (D.C. 1978) (contributory negligence is not a defense to a negligence claim premised on the Safe Workplace Act and the Act’s duty can extend beyond common-law employer duties)