According to published reports, in 2008, an Abingdon woman was outside in an apartment complex common area one evening while walking her dog and talking on her cell phone when she fell in a hole. The hole was formed by a corrugated pipe and was partially covered by grass. The hole was discovered to be part of a drainage system installed back in 1993 and was unbeknownst to the defendant and the maintenance man responsible for the complex.
The most serious injury sustained was a compound fracture below the plaintiff’s right knee which lead to $52,250.46 in medical bills. On top of this the plaintiff was unable to care for herself while recovering and spent 13 weeks in her sister’s basement while recovering from the surgery repairing the breaks. For the first month of this stay the plaintiff was unable to use the bathroom without assistance and was unable to shower at all. The plaintiff’s recovery was a success and she was able to return to work with only a slight limp and no vocational impairment.
On top of her hardships the plaintiff missed four months of work resulting in lost wages of $8,492.12. After mediation by Magistrate Judge Michael Urbanski, the apartment complex agreed to settle the matter for the amount of $240,000.
When asked about the outcome, Virginia personal injury attorney Ben Glass said “Slip and fall cases in Virginia are very difficult. The key point is whether or not the hazard was open and obvious and whether or not it was man-made. In this case it turned out that the hole was man-made and that it was hidden enough to not be obvious. While the press release makes the case seem simple I assure you it was very complex and it’s important to have someone with experience on your side, such as a veteran personal injury attorney, to guide you through the issues of premises liability.”
