Legal Question in Personal Injury in Virginia

Person was in hotel (5 star) abroad operated & managed by corp hdq'd & incorp. in US. Plaintiff noticed tub floor did not have any anti-skid surface or strips and no guard rail on wall. He asked bathmat from room maid. told there weren't any. asked at front desk, told there weren't any. for 4 days person showered w/o incident be very careful. person soaked in tub (no soap). when stood still water in tub. foor slid/slipped out from under him causing injury (was able to exit tub) & 2d concussion few minutes later when collapsed on floor.

Under VA law, if plaintiff 1% negligent, no recovery. do these facts indicate plaintiff assumed the risk?


Asked on 10/26/12, 8:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you are correct regarding Virginia law on the issue of contributory negligence but it would be premature to make a judgment(my opinion) on the facts as you've related them as to whether this particular doctrine would absolutely NOT apply in the scenario you've outlined.

For greater certainty, I would suggest that the injured one seek a

consultation with a Virginia attorney who handles personal injury

claims for further advice on this particular matter.

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Answered on 10/26/12, 9:02 am


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