Slip and Fall Dismissed in Charlottesville

In a recent decision, Kitts v. Boddie Noel Enterprises (Hardees), by Federal District Court Judge Moon in Charlottesville, Virginia, the perils of slip and fall claims are well illustrated. In brief, the court found that the condition which caused the fall was open and obvious and so granted summary judgment to the defendant. The plaintiff had fallen while exiting her car. She did not see a concrete wheel block underneath the running board of her car. The wheel block was painted orange and was a permanent part of the parking lot. The plaintiff's husband had parked the truck parallel to the wheel block instead of heading in to the parking space because a trailer was attached to the truck. The key legal justification for the decision rests on the legal principle that a plaintiff should see what an ordinary person should see if they are exercising reasonable care. It was undisputed that the plaintiff did not actually see the block, but that fact was not relevant to the court's decision. The court reasoned that if the plaintiff had been paying attention, she would have seen the condition because it was open and obvious. This finding negated the plaintiff's contention that the block was a hazardous condition. This decision tracks Virginia case law in this area of the law and shows that just because you slip and fall at a business, it does not mean that you have a claim. An experienced injury lawyer can help you determine if the facts of your case have merit.

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