Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Control of Common Areas and the related topic of premises liability. For more information about common areas and premises liability see the page on Wikipedia. Control of common areas bestows on the landlord or owner the duty to exercise reasonable care in the maintenance and supervision of the area. 

Control Of Common Areas-Cases

1974 Gulf Reston, Inc. v. Rogers, 215 Va. 155, 207 S.E.2d 841.Landlord owes duty to tenants to exercise ordinary care and diligence to maintain, in reasonably safe condition, areas over which he has control. Not insurer of tenant’s safety. As general rule, landlord does not owe duty to protect his tenant from criminal act of third person.

1972 Aragona Enters, v. Miller, 213 Va. 298, 191 S.E.2d 804.Plaintiff’s decedent infant fell into drainage ditch near apartment building and received injuries which proved fatal. Landlord not liable to tenant or members of tenant’s family, whether adult or infant, for injury resulting from open and obvious condition existing at inception of tenancy and that tenant knew or had means of knowing equal to landlord.

1968 Taylor v. Virginia Constr. Corp., 209 Va. 76, 161 S.E.2d 732.Plaintiff caught right hand in defendant’s apartment building door. Landlord had duty of ordinary care to keep reserved common areas in reasonably safe condition.

1966 Langhorne Rd. Apts., Inc. v. Bisson, 207 Va. 474, 150 S.E.2d 540.Control of common areas. Landlord is under duty to maintain, in safe condition, those parts of premises which he reserves for common use of tenants; it follows that it is his duty to use reasonable care to remove accumulations of ice and snow from walkways, so reserved, within reasonable time after storm ceases.