This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Falls Aisles and the related topic of premises liability. For more information about premises liability see the pages on Wikipedia.
Falls Aisles-Cases
1972 Tazewell Supply Co. v. Turner, 213 Va. 93, 189 S.E.2d 347.
Plaintiff tripped and fell over box left in grocery store aisle. While customer is not required to be on lookout for dangers not open and obvious, box on floor in aisle was open and obvious danger. Plaintiff did not look; sister saw box and easily avoided it. Plaintiff guilty of contributory negligence as matter of law.
1958 Gottlieb v. Andrus, 200 Va. 114, 104 S.E.2d 743.
Plaintiff fell in supermarket as result of boxes placed in aisle. Contributory negligence as matter of law.
1954 Montgomery Ward & Co. v. Young, 195 Va. 671, 79 S.E.2d 858.
Plaintiff stepped on lawn mower handle which flew up and hit him. Handle was sticking out into aisle of defendant’s warehouse. Judgment for plaintiff invitee upheld; no contributory negligence as matter of law. Evidence presented of poor lighting conditions (question for jury).
