Legal Memorandum: Claim of Negligence in VA

Issue: Under Virginia law, what are the elements for a claim of negligence?

Area of Law: Personal Injury & Negligence
Keywords: Claim of negligence; Failure to exercise; Degree of care
Jurisdiction: Virginia
Cited Cases: 249 Va. 549; 457 S.E.2d 97; 227 Va. 317
Cited Statutes: None
Date: 02/01/2015

The Virginia Supreme Court has “defined simple negligence as the failure to exercise ‘that degree of care which an ordinarily prudent person would exercise under the same or similar circumstances to avoid injury to another.'”  Gossett v. Jackson, 249 Va. 549, 553-554, 457 S.E.2d 97, 100 (1995) (quoting Griffin v. Shively, 227 Va. 317, 321, 315 S.E.2d 210, 212-13 (1984)). 


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