Virginia Slip and Fall Cases

Premises Liability Cases in Virginia

Virginia is not a plaintiff’s friendly Commonwealth.Consequently, Virginia is a commonwealth where contributory negligence applies. Essentially, where a plaintiff has contributed to their own injury, it may be a complete bar to any recovery. That said, you should take advantage of a free consultation from an Attorney (434) 660-9701. Often clients will take advantage of a free consultation not knowing they have a claim for compensation. Clients have called before when they have a claim for compensation for something they did not contemplate. Lynchburg Slip and Fall Attorney

Slip and Fall Cases in Virginia

There are several factors that go into whether an injured party has a claim for compensation with regards to a premises liability case or slip and fall case. The court will examine several factors in order to determine if the case will even make it to a jury.

It is well established in Virginia that “store owners must maintain reasonably safe facilities for their invitees” or patrons. Specifically, the storeowner “owes an invitee the duty of using ordinary care to maintain its premises in a reasonably safe condition and to warn…of any hidden dangers.”

Courts Analysis:

Dangerous Condition:

“The plaintiff in a premises liability case must prove the existence of and unsafe or dangerous condition on the premises.” For example, “Virginia courts have typically recognized that certain conditions are unsafe as a matter of course, such as a wet or slippery substance on the floor of the premises, or the presence of an unexpected object lying on the floor."

Knowledge:

"To recover against the owner, an injured invitee must show that the owner had knowledge, actual or constructive, that a defect existed and that such defect created an unsafe condition.":

    1. Actual knowledge, or: Actual knowledge is exactly that, that the storeowner knew the condition was dangerous and did nothing about it.
    2. Constructive knowledge: "Constructive knowledge or notice of a defective condition of a premise ... may be shown by evidence that the defect was noticeable and had existed for a sufficient length of time to charge its possessor with notice of its defective condition." Furthermore, "if the evidence fails to show when a defect occurred on the premises, the plaintiff has not made out a prima facie case."

Proximate Cause:

"A plaintiff must show why and how the incident happened.... If the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover. The general rule in Virginia is that a plaintiff must, in order to establish a defendant's negligence, prove why and how the incident happened; if the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover. Negligence cannot be presumed from the mere happening of an accident.... The evidence produced must prove more than a probability of negligence and any inferences therefrom must be based on facts, not presumptions."

Contributory Negligence:

The Plaintiff must not have contributed to their own injury.

Conclusion

Virginia Law on Premises Liability cases have a strict standard. The Court will set aside verdicts on a broad standard. This includes that if the verdict was based on as “the result of surmise, speculation and conjecture." If you have been injured on someone else’s property, you may be entitled to compensation and you should call me for a free consultation (434) 660-9701.

It must be noted that all of the quoted information is from Virginia Case Jefferson v. Kroger, L.P. I, 2014 (United States District Court for the Eastern District of Virginia, Richmond Division November 3, 2014, Filed). This case is still good law as of the date of posting this article.

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitter, LinkedInTumblrBloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

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