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 Doors-Premises and the related topic of premises liability. For more information on premises liability issues see the pages on Wikipedia. 

Doors-Premises Cases

1995 Franconia Assocs. v. Clark, 250 Va. 444, 463 S.E.2d 670.

Doors-premises.Plaintiff injured when door malfunctioned striking him as he exited. Plaintiff presented evidence of witness who had similar experience with door two weeks before. In addition, employee of defendant testified that he had performed repair work on the door before plaintiff was injured. This was sufficient to establish constructive notice.

1978 Norfolk & W. Ry. v. Chrisman, 219 Va. 184, 247 S.E.2d 457.

Doors-premises.Freight car door fell on employee of consignee. No contributory negligence or assumption of risk as matter of law despite fact that plaintiff was using “come along” device to get door open. Court found that there was defect in upper track, which defendant had duty to discover and repair or warn of.

1978 Reliable Stores v. Marsh, 218 Va. 1005, 243 S.E.2d 219.

Plaintiff walked into glass door marked with decals and aluminum frame. She was previously familiar with this entrance. Contributory negligence as matter of law.

1968 Taylor v. Virginia Constr. Corp., 209 Va. 76, 161 S.E.2d 732.

Plaintiff’s right hand caught in door of common entrance way of apartment building in which his family resided. Landlord had duty to properly maintain common areas.

1964 Presbyterian Sch. v. Clark, 205 Va. 153, 135 S.E.2d 832.

Plaintiff injured when she mistook glass panel for open door. Contributory negligence as matter of law.

1960 Snyder v. Ginn, 202 Va. 8, 116 S.E.2d 31.

Plaintiff walked into door in department store. There were two sets of double doors made of glass, framed in metal with metal crossbar handle extending across middle of its full width. Plaintiff admitted on cross-examination that had she been looking straight ahead, she could have seen inside doors. Contributory negligence as matter of law.

1950 Holland v. Harrell, 190 Va. 613, 58 S.E.2d 1.

Plaintiff’s finger caught by swinging door. Since there was no evidence of negligence motion to strike was sustained.