Legal Question in Civil Litigation in District of Columbia

This incident occurred in 2009 in Washington DC in a public alley way.

I work as a DJ and recently when I was leaving the hotel I played (1st time there) my equipment that was being carted to my vehicle was severely damaged ($800) when it fell off the cart due to a 9? inch deep pot whole. The incident was observed by hotel security. I filed claim with the hotel and the District of Columbia, both denied the claim. The hotel denied because the alleyway is District property, stating the District should be contacted, and the District denied the claim because they had no prior knowledge of the pot hole (it was not reported). I would like to know which party I should file against for damages.

The District is liable for the pot hole. It had been a hazard for more than a year and from what I have read their prior knowledge rule doesn?t hold water. The hotel is also liable under the reasonable care standard for negligence. The hotel instructed me to use the alley way entrance, they did not warn me of the hazard, they didn?t protect against the hazard and they even failed to report the hazard to the District (the District repaired the pothole in 1 week after I reported it). If the hotel had reported the hazard, the District would have repaired it and the incident would not have occurred. Moreover, the hotel uses the alley as if it were its own property, blocking it will for several hours.

Your assistance on who is the most liable is greatly appreciated. Is this too complicated for small claims court?

Thank you

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