Premises Liability

Jan 22, 2021

Store sanctioned for not preserving footage of slip/fall

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost video and the store was precluded from eliciting testimony about the video’s contents. Background Diane […]

Aug 3, 2020

Jury to decide grape slip and fall case

Where it was undisputed that a grape or multiple grapes were present in the area of store where the plaintiff fell, and testimony suggested the store had actual or constructive notice of grapes in that area, the motion for summary judgment was denied. Background On May 10, 2018, Angela Patterson was shopping at Sam’s Club […]

Jun 29, 2020

Retail store fall results in fractured ankle, bodily disfunction and pain — $700,000 settlement

The plaintiff suffered a fractured ankle, neck pain, back pain, shoulder injury, as well as severe bowel and bladder disfunction as the result of falling in a retail store. Type of action: Premises liability (fall in a retail store). Injuries alleged: Neck and back pain, left foot metatarsal fracture, left arm carpal tunnel syndrome and […]

Dec 24, 2019

Woman missed a year of work after blow to head at store – $1.3 million settlement

Plaintiff was a customer in a retail store that was undergoing renovations. A contractor was performing work above a display case when he accidentally kicked a cardboard sign that was framed with steel while climbing down a step ladder. The construction area was not roped off and there were no signs warning of overhead work. […]

Jul 8, 2019

Woman claimed dog knocked her down – $202,500 Settlement

In September 2015, plaintiff was on a walk with her dog in her neighborhood. As she was going past her neighbor’s house on the sidewalk, the neighbor’s large dog, a 200-pound English Mastiff, was laying in the yard. There was disagreement between both parties about whether the large dog was on a leash and whether […]

May 28, 2019

Fall at apartment building leaves man a paraplegic – $4 Million Settlement

The plaintiff suffered multiple level spinal cord fractures when he fell over a railing and landed on a parking area below the stairway. A spinal cord fusion was performed, but he never regained use of his lower extremities. [19-T-052] Type of action: Premises Liability (Fall in a common area at a commercial apartment building) Injuries […]

Mar 31, 2019

Woman partially paralyzed after fall down shaftway – $6.5 Million Settlement

Plaintiff was partially paralyzed when she fell five stories down an open shaftway in a residential apartment building in which she was a guest of a resident. Plaintiff and a companion opened an unlocked closet door, stepped over a 36-inch metal railing and stood on a platform which, unbeknownst to them, had a 24×24-inch shaftway […]

Mar 31, 2019

Merchandise fell on boy, breaking his arm – $350,000 Settlement

Plaintiff was a 3-year-old boy shopping in a retail store when merchandise fell from the top shelf, breaking his arm. He underwent surgery and had a closed reduction and intramedullary nailing of left radius shaft fracture, an open reduction and intramedullary nailing of left ulna shaft fracture, and long arm cast application. He also had […]

Mar 8, 2019

Plaintiff was licensee and can amend complaint

Where a plaintiff was injured on a defendant’s property while performing work that did not provide any special benefit to the defendant, the plaintiff could not sue the defendant on the ground that he was an invitee at the time of his injury, but he may have been able to state a claim against the […]

Mar 1, 2019

Tetraplegic settles premises case – $1.5M Settlement

Client fell approximately 20 feet to the ground, landing on his neck on a friend’s hunting property. Client could not feel or move his legs or his arms, nor take a deep enough breath to call for help. It took law enforcement between eight and 10 hours to find client. Meanwhile, ants were nibbling on […]

Nov 25, 2018

Elderly woman slipped on slick restaurant floor – $750,000 Settlement

On Dec. 11, 2016, the 83-year-old plaintiff went to lunch with her family at a Richmond area restaurant after church services. Shortly after checking in at the hostess stand, the hostess asked the plaintiff and her party to follow her to their table. As soon as the plaintiff began to walk from the hostess stand […]

Aug 24, 2018

Student hurt when column at state school fell on her – $1.6 Million Settlement

Plaintiff, a student at a Virginia public university, tied her hammock to two concrete columns in an open, public area on campus. One of the 800 pound columns fell on her, crushing her abdomen and pelvis. Two people were injured several years earlier when a similar column in the same location fell on them. The […]