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 Distractions and the related topic of premises liability. For more information on premises Liability see the pages on Wikipedia.
Falls Distractions-Cases
1977 West v. City of Portsmouth, 217 Va. 734, 232 S.E.2d 763.
Pedestrian found guilty of contributory negligence as matter of law for tripping and falling over water meter box in sidewalk; danger was open and obvious. Defense that plaintiff was distracted not sufficient under circumstances. Not error to strike plaintiff’s evidence.
1974 Town of Hillsville v. Nester, 215 Va. 4, 205 S.E.2d 398.
Plaintiff fell on crack in sidewalk that was open and obvious. Plaintiff guilty of contributory negligence as matter of law. No distraction shown.
1964 Miracle Mart, Inc. v. Webb, 205 Va. 449, 137 S.E.2d 887.
Clerk led plaintiff through aisle pointing things out to her; she fell on slippery substance. Clerk had duty to warn.
