Premises Liability

Because the results obtained in specific cases depend on a variety of factors unique to each case, past case results do not guarantee or predict a similar result in future cases undertaken by a lawyer or law firm.

$15 million for lifetime care compensation for drowning victim in storm water retention pond

A young mother starts searching for her son, who was playing with other children in the common area of their housing development. Neighbors join the hunt and one dashes into the storm water retention pond and pulls the drowning boy from the water. He suffered catastrophic brain injury, putting him on a ventilator for the rest of his life. Partner Gary Mims successfully proved that the absence of any fencing or warning signage was negligent; the home owner’s association failed in its duty to maintain safe conditions. The settlement compensated the family and provided lifetime care costs for the boy, as well as housing and transportation modifications.

$7.5 million for permanent disability due to faulty golf course design

As reported in The Washington Post.

$1 million settlement for teenage death due to unmarked cable strung across road

A teenage boy is riding his ATV through unimproved countryside areas when he turns down a road leading to property owned by a public utility. He proceeds a short distance but hits an unmarked cable strong across the road; he dies from injuries soon thereafter. Partners Steve Frei and Gary Mims successfully argued that the cable created a public nuisance which rendered the utility liable for the boy’s death.

$2 Million for Paralyzing Fall and Subsequent Wrongful Death

This premises liability case involved the tragic death of a man in his early seventies. The decedent went to a business located at a commercial building. The decedent attempted to sit on a bench on the outside of the building, and when he did, the bench tipped backwards and caused him to fall backwards. He hit his neck on the building, and unfortunately sustained a C5 fracture with spinal-cord injury. Despite surgery and extensive other medical treatment, the man developed partial paralysis of all four limbs. He remained in various in-patient facilities for about three months, and he eventually passed away due to an infection and complications of the paralysis.

Partners Matt Perushek and Matt Roberson filed a wrongful death suit on behalf of the family. They faced a vigorous defense on liability and damages. The bench in question had been moved from its usual location, raising questions about whether an independent contractor was liable. Our firm was able to minimize this issue by retaining a property-management expert, who opined that the bench itself should not have been used at that property. With respect to damages, the decedent had recently learned that he had metastatic, Stage IV cancer. This raised the question about his life expectancy had this injury not occurred.

The decedent left behind two adult children, both of whom were financially and emotionally dependent on their father. After extensive litigation, including compelling deposition testimony from the surviving family, our firm was able to earn a successful settlement for the family for the policy limits of $2,000,000.

All identifying details about the case remain confidential. (Learn more about confidential settlements here.)

$750,000 for deadly slip and fall

In this very tragic case, a man died while trying to reach the front door of his apartment building after snowfall, melting and refreezing conditions. The defendant claimed that the man was contributorily negligent, that is, that he should have known the parking lot was icy and should have been more careful. However, Partner Chuck Sickels and associate Matt Perushek succeeded in gaining a settlement based on the clear paths doctrine in Virginia law which states that the defendant needed to prove that a clear alternative path was available to the man, which was not.

$440,000 for permanent injury from uneven ramp, dangerous condition

The plaintiff was helping her daughter move into a new apartment in Alexandria, Virginia. As she stepped from the parking deck stairs to the ground, she fell and suffered a severely sprained ankle and fractured toe. Attorney Matt Perushek filed suit against the property owner, alleging that the staircase created an unsafe condition on the property. Perushek presented evidence to the court that the property failed to comply with building codes and that the victim suffered a permanent impairment to the joint. The award, including interest, exceeded $440,000. The property owner paid the judgment in full.

Property owner knew of hazardous condition that resulted in serious injury

Out playing golf one day, a woman slipped and fell on an older walking bridge connecting a golf fairway to the green. Her injuries were life threatening, requiring two surgeries and extended recovery time. At trial, the firm successfully proved that other golfers had previously fallen and notified the owner of the hazardous condition. The jury rejected the defendant’s argument that the golfer was contributorily negligent because she did not walk on a mat in the center of the bridge.