“‘Trip & Fall,’ and ‘Slip & Fall’ cases in Virginia are unusually difficult,” notes premises liability lawyer Doug Landau, “but with the right evidence, meritorious cases can get to the jury.”
While trip and fall cases can be difficult to win in Virginia, when there is a difficult-to-see “tripping hazard” AND independent eyewitness testimony, an injured customer can win his or her case against a “big box retailer.” This is true even when the victim has significant pre-existing health issues.
Loudoun and Prince William County premises liability lawyer Doug Landau notes with interest a
Virginia Lawyers Weekly case report involving these issues. The plaintiff shopper went to Wal-Mart to pick up medicine to treat her Crohn’s disease, which is incurable and causes inflammation of the intestines, among other problems. (Doug Landau has actually tried Crohn’s Disease cases, including a winning Social Security Disability case in Delaware for a very young Virginia government contractor.) In the Wal-Mart case, steroids had been prescribed to reduce the inflammation. As a consequence of long-term steroid use, plaintiff’s skin was very thin and frail.
Wal-Mart had placed an inflatable beer can in the entrance area in one of its Supercenters. It was plugged into an electrical outlet so that it would light up. The black electrical cord stretched from the beer can across a dark carpet to the wall where it was plugged in. There were no warning signs. The cord was not taped down.
As plaintiff was leaving the store she tripped over the cord and fell on her knees resulting in gaping wounds. She developed deep
venous thrombosis (DVT) and now requires lifetime anticoagulation. She spent several weeks in the hospital.
The injuries alleged included:
- severe cuts to both knees
- blood clots requiring lifetime anticoagulation
- permanent scars on knees
Wal-Mart’s defense counsel denied liability and claimed that plaintiff should have seen the cord, despite the fact that an independent witness testified that he was right behind plaintiff before she fell and also did not see the cord. Wal-Mart’s lawyer also emphasized plaintiff’s poor health before the fall.
Special damages (which are usually medical bills, lost wages, medications and other items that have a bill or receipt) of $121,995.49 were not contested. Plaintiff’s counsel’s demand was for $370,000 and Wal-Mart’s offer was for $165,000. The jury returned a verdict in about 30 minutes for $500,000, plus two years of prejudgment interest on $121,995.49. Lawyer Landau notes that many lawyers do not pursue pre-judgement interest. Further, this case also demonstrates how quickly the Virginia Circuit Courts can move, as this kind of case would have taken many more years to get to trial in other East Coast states. While the Commonwealth of Virginia has many archaic and outdated rules, it has one of the fastest court systems in the country. If you or someone you know or care for has been injured as the result of a slip and fall or trip and fall accident, and there are questions about what laws apply,
e-mail or call us at
ABRAMS LANDAU, Ltd. (703-796-9555) at once.
