What We Do

Premises Liability - Slip and Fall/Falling Merchandise, Etc.

Next to vehicular accidents, premises injuries are the second most common type of personal injury.  Premises injuries can arise from a variety of circumstances:  slip and falls, trip and falls, falling merchandise accidents, injuries caused by code or regulation violations; and third party assaults.  Other types of premises claims can include false imprisonment; defamation, and assault and battery.

In Virginia, a premises owner owes a duty to warn of or correct dangerous conditions it knows, or should know about.  To prove that the premises owner was liable a plaintiff must prove that the owner had “actual” or “constructive” notice of a dangerous condition.  Actual notice is straight forward – did the premises owner actually know that a dangerous condition was present.  If there is no such evidence, a plaintiff must prove a case of constructive notice, that the premises owner should have known about the condition in the exercise of reasonable caution.  In general, this usually requires that a plaintiff prove when the dangerous condition occurred.

In some cases, however, a plaintiff need only prove that it was reasonably foreseeable that an accident could occur from the condition.  This standard applies where the premises owner’s affirmative conduct led to the creation of the dangerous condition.  

Premises liability cases are generally considered some of the most difficult cases to win.  They frequently require a significant effort in discovery.  Further, many cases are “removed” from state court to federal court.  “Removal” often occurs where the defendant is an out of state company (generally, where the company was incorporated in a state other than Virginia, and maintains its principle place of business in a state other than Virginia).  Federal court has additional procedural requirements that are very detailed and strictly enforced. 

 Our attorneys have extensive experience in this area.  In particular, Scott Bucci was trial counsel for Wal-Mart for over 7 years prior to founding Bucci & Dix.  He has tried a wide variety of cases involving premises liability issues.  Additionally, both Mark and Scott have litigated numerous cases in federal court, are familiar with the practices and procedures of federal court, and are occasionally requested to associate with other counsel to assist in federal court cases.