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 Falls Guardrails and the related topic of premises liability.  For more information on premises liability see the pages on Wikipedia.

Falls Guardrails-Statutes

See Va. Code § 18-2-316 as to duty of persons causing well or pit to be dug to fill it in before abandonment.

Falls Guardrails-Cases

1973 Gumenick v. United States, 213 Va. 510, 193 S.E.2d 788.Falls guardrails. Plaintiff fell off porch after contact with rotted railing. Plaintiff rendered quadriplegic. Verdict against defendant landlord for $650,000 not excessive.

1971 McDowell & Wood, Inc. v. Kilby, 211 Va. 476, 178 S.E.2d 497.State trooper fully aware that deep ditch had been dug across closed lane of major highway. Nevertheless, he elected to use closed lane rather than open lane. Trooper assumed risk.

1965 Wagman v. Boccheciampe, 206 Va. 412, 143 S.E.2d 907.Infant plaintiff injured playing on and around handrail. Held: no negligence on defendant since handrail was not being used for its intended purpose.

1960 Virginia Beach v. Roman, 201 Va. 879, 114 S.E.2d 749.Plaintiff fell in hole caused by erosion. No showing of notice.

1958 Reese v. Holloman, 199 Va. 939, 103 S.E.2d 5.Defendant was installing furnace in plaintiff’s home. In doing such, grate in floor was removed and replaced with cardboard. Plaintiff stepped on cardboard and was injured. Jury question presented.

1955 Edmonds v. Mecklenburg Elec. Coop., 197 Va. 540, 90 S.E.2d 188.Plaintiff fell into unguarded hole left on her property by defendant. Plaintiff was rendered unconscious by fall and did not know how accident occurred. Case was properly submitted to jury; error to set aside verdict for plaintiff.

1952 Pioneer Constr. Co. v. Hambrick, 193 Va. 685, 70 S.E.2d 302.Plaintiff fell in trench in street.

1951 Revell v. Deegan, 192 Va. 428, 65 S.E.2d 543.Plaintiff leaned on handrail and it gave way, plaintiff’s claim of negligence not supported by evidence.

1948 Virginia Stage Lines v. Newcomb, 187 Va. 677, 47 S.E.2d 446.Falls guardrails.Plaintiff claimed defendant negligent in not providing guardrails or chains at bus terminal. Plaintiff presented no evidence that such would make terminal safe. Verdict for defendant.

1945 Smith v. Willey-Hall Motors, 184 Va. 49, 34 S.E.2d 233.Plaintiff customer, at gas station in search of rest room, entered dark grease pit room. Plaintiff fell into pit. Contributory negligence as matter of law.

1942 VEPCO v. Thomas, 180 Va. 292, 23 S.E.2d 148.Plaintiff stepped off bus and into hole filled with water. Because of presence of water, hole was not readily visible. Held: no negligence on part of common carrier for not seeing hole.§ 7.09