SLIP-AND-FALL VICTIM LOSES HIS CASE BEFORE IT EVEN STARTS

Ben Glass

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A federal court in Richmond has thrown out a lawsuit against a NASCAR racetrack and another occupier of the property based on the plaintiff's "contributory negligence."

A federal court in Richmond, Virginia has thrown out a personal injury lawsuit against a NASCAR racetrack and another occupier of the property based on the plaintiff's "contributory negligence."

According to published reports the plaintiff tripped and fell over a metal barrier which was attached to a crowd control device which looked much like a bicycle rack. The court found that even if the barrier was negligently placed and presented as a hazard the plaintiff's case must be thrown out because of his own failure to see the barrier.

In Virginia, if the inured party is even 1 percent negligent, his case is dismissed no matter how egregious the defendant's conduct. Virginia is one of about four states in the entire country that will throw out a case even if the defendant was 99 percent negligent.

Comment from Virginia Personal Injury Attorney Ben Glass: in most states, the negligence of the two parties would be compared and if the plaintiff was 15% negligent, his verdict would be reduced. Virginia stands in the dark ages in barring recovery for any contributory negligence on the part of the injured victim.
. This is discussed in depth in my book, the Five Deadly Sins That Can Wreck Your Virginia Accident Case.