As a general rule, landowners in Virginia have an affirmative duty to ensure that their property is safe for visitors. Of course, the level of the duty imposed on a landowner depends greatly on the reason for the guest’s visit. For example, trespassers are owed a trivial duty compared to customers or those who are visiting for commercial reasons. In fact, customers are owed the highest level of care.
When a store fails to take the necessary precautions to keep their property safe, and a visitor is injured as a result of that failure, the landowner may be held liable for any injuries through a Virginia premises liability lawsuit. In order to prevail in a Virginia slip-and-fall case against a grocery store, the plaintiff must be able to prove certain elements. One of the most commonly contested elements in premises liability cases is that of the defendant’s knowledge of the hazard. A recent case shows how one plaintiff was able to establish sufficient evidence to survive a store’s motion for summary judgement.
The plaintiff slipped and fell on a “brownish, oily substance” while shopping with her husband at the defendant grocery store. According to the plaintiff and her husband, the spill originated from a bottle of juice they had put into their cart. In support of her claim, the plaintiff presented evidence showing that at the time of her fall, a store employee was cleaning up a similar spill in an adjacent aisle.