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Case Number: 2:23-cv-00004
Judge: James P. Jones
Court: United States District Court for the Western District of Virginia (Wise County)
Plaintiff's Attorney: Anthony Collins
Defendant's Attorney: Bill Stallard
Description: Big Stone Gap, Virginia personal Injury lawyer represented Plaintiff who sued Defendant on a premises liability negligence theory.
"This case was filed in the Wise County Circuit Court, CL23-53, and was removed to federal court by Walmart.
Premises liability law in Virginia is based on the concept of duty of care. This means that property owners have a duty to keep their property safe for visitors. If a property owner fails to uphold this duty of care, and someone is injured as a result, the property owner may be held liable for the injuries.
There are three main categories of people who can sue under premises liability law in Virginia:
Licensees: Licensees are people who are invited onto the property for their own benefit. For example, a customer in a store is a licensee.
Trespassers: Trespassers are people who are on the property without the permission of the property owner. For example, someone who sneaks onto a property is a trespasser.
Invitees: Invitees are people who are invited onto the property for the benefit of the property owner. For example, a delivery person is an invitee.
The duty of care owed to each of these categories of people is different. The property owner owes the highest duty of care to invitees. This means that the property owner must take all reasonable steps to keep the property safe for invitees. The property owner owes a lower duty of care to licensees. This means that the property owner must only take reasonable steps to keep the property safe for licensees. The property owner owes the lowest duty of care to trespassers. This means that the property owner only has to take steps to keep trespassers from being injured if they are likely to be injured.
If you have been injured on someone else's property in Virginia, you may be able to file a premises liability lawsuit. To win a premises liability lawsuit, you must prove that the property owner breached their duty of care, that the breach of duty caused your injuries, and that you suffered damages as a result of your injuries.
If you are considering filing a premises liability lawsuit, it is important to speak with an experienced attorney. An attorney can help you understand your legal rights and options and can represent you in court if necessary.
Here are some additional things to keep in mind about Virginia premises liability law:
Virginia follows the modified comparative negligence rule, which means that your recovery of damages will be reduced in proportion to your fault. For example, if you are found to be 20% at fault for your injury, your damages will be reduced by 20%.
Virginia also has a statute of limitations for premises liability lawsuits. This means that you have a certain amount of time to file a lawsuit after you are injured. The statute of limitations for premises liability lawsuits in Virginia is two years.
If you have been injured on someone else's property in Virginia, it is important to seek legal advice as soon as possible. An experienced attorney can help you understand your legal rights and options and can represent you in court if necessary."
Outcome: 08/03/2023 18 NOTICE OF CANCELLATION (Cancel Court Reporter) Jury Trial set for 10/3/23 and 10/4/23 at 9:00 a.m. in Abingdon, VA before Senior Judge James P. Jones. (flc)
08/03/2023 19 ORDER CLOSING CASE WITH Prejudice. Signed by Senior Judge James P. Jones on 8/3/2023. (flc)