Ever NOTICE how hard a slip and fall case is in Virginia ?
Because they are so hard to win, many so-called “personal injury” law firms do not handle, and certainly do not go to court and try “slip and fall” or “trip and fall” cases. In these “premises liability claims, the injured victim must show “Notice” in the Commonwealth of Virginia. I am reminded of a particular case we filed in Prince William County. The 7-11 manager shouted “I told them to fix that month’s ago,” after my client, a nurse, had her shoe caught by a missing chunk of concrete that had been painted over in front of the convenience store. As our client lay on the sidewalk, with her mouth bleeding and other injuries causing pain throughout her body, the manager’s words would not soon be forgotten. Yet the 7-11 defense lawyers asserted that the nurse could not bring her personal injury case unless she could show:
- that their premises was dangerous (that there was some defect that could cause harm), AND
- that the store had NOTICE of this defect such that they had a reasonable amount of time to fix it, warn about it or replace it.
My client’s testimony as to the manager’s excited utterance showed that the store management KNEW and had notice as to the defect on their property. The chunk of concrete that formed a “V” on the curb leading from the parking lot to the store entrance had not only been there for a significant period of time, but it had been painted over by the 7-11 maintenance crew! So this ABRAMS LANDAU client was able to show that her case satisfied the “notice requirement” and would go to a jury. The case settled before trial. Proving “NOTICE” can be supported by:
- prior similar incidents in the past,
- work orders to repair the defect in the property,
- other, prior claims by people injured in a similar manner,
- statements by employees, managers, owners or others.
If you or someone you care for has been injured in a trip and fall, slip and fall or other injury caused by a dangerous building or other structure, let our Herndon law firm help you prove NOTICE and the other important aspects of your injury or disability case. You may reach ABRAMS LANDAU by e-mail or by phone at 703-796-9555.