Recently, a state appellate court issued a written opinion in a premises liability case, illustrating a common difficulty many Virginia premises liability plaintiffs face when attempting to establish a defendant’s liability. The case presented the court with the task of determining whether the plaintiff’s awareness of the slick patch of ice that caused her to slip and fall was fatal to her claim against the defendant shop owner. Ultimately, the court concluded that the evidence was undisputed that the plaintiff was aware of the hazard and that she was not forced to leave out the same door she entered. Thus, the court held that the plaintiff’s case was properly dismissed.
The Facts of the Case
The plaintiff was visiting the defendant’s store on an errand for her employer. As the plaintiff approached the front door to the store, she noticed that a water spigot had been left on and that water was spilling onto the pavement and freezing. The plaintiff negotiated the ice without issue and, believing that the ice was a hazard to other customers, let an employee know as soon as she entered the store.
The employee informed the plaintiff that she could leave out a set of rolling doors on the side of the building. The employee gave the plaintiff directions, but instructed the plaintiff not to tell anyone he told her to exit through the door, otherwise he could get fired. The plaintiff found the rolling doors, but they were locked.