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Date: 12-21-2023

Case Style:

Mildred Rohm v. Kroger Limited Partnership I

Case Number: 3:23-cv-00009

Judge: Joel C. Hoppe

Court: United States District Court for the Western District of Virginia (Albamarle County)

Plaintiff's Attorney:



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Defendant's Attorney: Charleottesville, Virginia insurance defense lawyer represented the Defendant.

Description: Charlottesville, Virginia personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liablity negligence theory.

Virginia premises liability law dictates the legal obligations of property owners and occupiers to maintain their premises in a reasonably safe condition and to avoid foreseeable injuries to visitors. Here's a breakdown of the key points:

Duty of care: Property owners have a duty of care to all lawful visitors, which means they must take reasonable steps to keep the premises safe from hazards. This duty varies depending on the type of visitor:

Invitees: These are people who come onto the property with the express or implied permission of the owner for the owner's benefit, such as customers in a store. Owners owe the highest duty of care to invitees, which means they must actively inspect the premises for hazards and fix them promptly.
Image of customer slipping and falling in a store Opens in a new window
www.dorelawpllc.com
customer slipping and falling in a store
Licensees: These are people who come onto the property with the owner's permission but not for the owner's benefit, such as social guests. Owners owe licensees a general duty of care to warn them of any known dangers on the property.
Image of person slipping and falling at a friend's house Opens in a new window
florinroebig.com
person slipping and falling at a friend's house
Trespassers: Owners generally have no duty to warn trespassers of dangers on the property, but they cannot intentionally injure them. However, there are some exceptions to this rule, such as child trespassers.

Breach of duty: To succeed in a premises liability lawsuit, the injured person must prove that the owner breached their duty of care. This means that the owner must have done one of the following:

Created the hazard that caused the injury
Image of pothole in a sidewalk Opens in a new window
dolanlawfirm.com
pothole in a sidewalk
Knew about the hazard but failed to fix it
Image of torn carpet in a store Opens in a new window
www.slipandfall.com
torn carpet in a store
Should have known about the hazard but failed to inspect the property for it

Proximate cause: The injured person must also prove that the owner's breach of duty was the proximate cause of their injury. This means that the injury would not have happened but for the owner's negligence.

Damages: If the injured person can prove both breach of duty and proximate cause, they may be entitled to damages for their injuries, such as medical expenses, lost wages, and pain and suffering.

Common examples of premises liability cases in Virginia:

Slip and fall accidents on wet floors or icy sidewalks
Image of person slipping and falling on an icy sidewalk Opens in a new window
www.exclusivelyinjurylaw.com
person slipping and falling on an icy sidewalk
Injuries caused by falling objects, such as defective ceiling tiles or collapsing shelves
Image of ceiling tile falling on a person in a store Opens in a new window
www.reddit.com
ceiling tile falling on a person in a store
Inadequate security leading to assaults or robberies
Image of robbery happening in a store Opens in a new window
www.thehour.com
robbery happening in a store
Swimming pool accidents
Image of person getting injured at a swimming pool Opens in a new window
www.edgarsnyder.com
person getting injured at a swimming pool
Dog bites

If you have been injured on someone else's property in Virginia, you should consult with a qualified premises liability attorney to discuss your legal options.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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