Accident question

[adjusterjack]

Virginia has a contributory negligence law which would make recovery for general damages (pain & suffering) very difficult. You would need to prove that the slip and fall was 100% caused by the carpeting being loose.

The injured party would also have to prove that the apartment owner/management knew or should have known that the carpet was loose and failed to remedy the defect. Without actual or constructive notice of a defect, there is no negligence involved in the defect's injury to others. Therefore, no recovery.

 

[geneseehill]

Those are issues of fact. Duty owed is high in a business invitee situation vs a trespasser. Since stairwells are subject to regular usage the duty to maintain is also high. The typical insurer agreement is that "we will pay all sums owed arising out of the ownership, maintenance or use".

I'm in agreement, it would be a very difficult recovery in this situation but it is not a complete defense that they did not know of the defect.

 

[adjusterjack]

The typical insurer agreement is that "we will pay all sums owed arising out of the ownership, maintenance or use".

That implies that the insurance pays for somebody's injury on the steps just because it happened. That's not the case nor is that quoted portion the "typical insurer agreement."

The Commercial General Liability Coverage Form CG0001 has an Insuring Agreement that starts with the following:

We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies.

Emphasis mine.

 

[Ron Van D]

Call this guy. He's a Virginia lawyer.
https://www.benglasslaw.com/?utm_so...e2b433e4524c3906ab0187ce6e581a47a22949984ab88