Autumn in Virginia is gorgeous—and risky. As leaves fall, temperatures dip overnight, and rain arrives more often, sidewalks and entryways can become accident traps. When these hazards aren’t addressed, serious slip-and-fall injuries follow. Here’s what to watch for and when a property owner can be held responsible.
Wet leaves hide dangers and reduce traction. Leaf-covered sidewalks can conceal cracks, holes, and uneven slabs. When soaked, leaves become slick—much like ice—and make walking treacherous. Local agencies warn that leaf piles reduce traction and create hazards for people using the street and sidewalks. See Arlington County’s guidance on keeping leaves out of the right-of-way and gutters and why leaf piles interfere with traction, and Montgomery County, MD’s reminder that slippery leaf conditions are dangerous for pedestrians.
Early frost and “black ice.” In the fall, clear nights can produce early-morning frost or an invisible glaze of ice on shaded sidewalks, stairs, and bridge decks. The National Weather Service explains how freezing fog and black ice form and why these thin, hard-to-see layers are so dangerous for foot traffic.
Rain and tracked-in water at entrances. During fall storms, water is tracked into lobbies and storefronts, creating slick floors. In Fobbs v. Webb Building Ltd. Partnership, Virginia’s Supreme Court confirmed that property owners owe invitees a duty to use ordinary care to keep premises reasonably safe and to warn of hidden dangers; the case specifically involved rainwater and a slippery lobby.
When is a Virginia property owner liable?
1) Knowledge of the hazard (actual or constructive). An owner isn’t automatically liable for every fall. But if the owner knew—or should have known—about a dangerous condition and failed to fix it or warn visitors, liability can follow. In Memco Stores, Inc. v. Yeatman, the Virginia Supreme Court held that constructive notice exists when a hazard has been present long enough that a reasonably careful owner should have discovered and remedied it.
2) Local sidewalk-clearing rules. Some jurisdictions impose duties after storms that often begin in late fall. For example, the City of Alexandria requires adjacent owners to clear snow and ice from sidewalks within set timeframes (24–72 hours, depending on accumulation), and Arlington County sets 24–72-hour deadlines and may issue citations for noncompliance. Violating such ordinances can support a negligence claim. Note: rules vary—Fairfax County, for instance, doesn’t legally require clearing public sidewalks but strongly encourages residents to help.
3) “Open and obvious” hazards & Virginia’s strict contributory negligence. Owners typically aren’t liable for dangers that are open and obvious—think a plainly visible pile of leaves or a clearly icy patch—because invitees must use reasonable care for their own safety. The Virginia Supreme Court has held that encountering an open-and-obvious condition can bar recovery as contributory negligence. And because Virginia follows pure contributory negligence, a plaintiff who is even 1% at fault can be barred from recovery.
What to do after a fall
- Photograph the scene (showing leaves, frost/ice, pooled water, or blocked drains).
- Report the incident to the property owner/manager.
- Seek medical care.
- Preserve your shoes and clothing.
- Speak with an attorney promptly—premises claims turn on evidence of notice and local rules.
If you were hurt on a leaf-covered, icy, or rain-slicked walkway, Hilton & Somer can help you evaluate liability under Virginia law and local ordinances. Contact us for a free consultation.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://www.weather.gov/wrn/fall2019-winter-sm
https://law.justia.com/cases/virginia/supreme-court/1986/830796-1.html?
https://law.justia.com/cases/virginia/supreme-court/1991/900699-1.html?
