There are times when contributory negligence laws can become a gift to the plaintiff.

You need to recognize the signs and, of course, have a strong case, but if the facts are there, the defense's own arguments can help shape your win.

Ben Rand's firm recently took on a trip & fall case in Virginia that, on the surface, had strong facts, yet was a certainty to run headlong into Virginia's contributory negligence laws. In Virginia, this means that if it can be demonstrated that the plaintiff was even 1% responsible for the situation, then the case will likely be dismissed.

As a result, Ben and Sharif were repeatedly warned by colleagues that the case had little hope of succeeding.

And yet, the facts were strong, the evidence was there, the witnesses would prove to be outstanding, and as the trial unfolded, it became clear that the defense's approach was starting to backfire.

Ben, Sharif and guest co-host Nathan Hittle talk about the mindset of approaching cases such as this, how to stay focused, unflustered, use "negative space" cross-examination, and recognize, in real time, a trial evolving in your direction.

The result? A $1.5m verdict in the plaintiff's favor.

It's so much easier when they don't make an offer that's respectable. It's hard when they make an offer where you're like, "Can we beat this at trial? I don't know." And then if we don't beat it, we've left all this money on the table." - Ben Rand

In this episode, we discuss:

◼️ Why Virginia’s 'pure contributory negligence' rule makes premises cases especially high-risk for plaintiffs.
◼️ The reaction when a key witness called the store's entrance mat a “booby trap.”
◼️ What happened when the defense challenged the medical bills.
◼️ What is "negative space” cross-examination, demonstrating a witnesses' bias, lack of knowledge, and weak foundation.
◼️ Why the trial was deliberately streamlined and completed in one day.
◼️ The importance of slowing down, staying focused on core themes, and not chasing every defense argument.

Chapters

00:00 Introduction: When Settlement Offers Matter
06:19 Why Trip-and-Fall Cases are Hard in Virginia
14:51 The Flipped Mat, Sliding Doors, and the Mechanics of the Fall
18:51 Trying the Case in One Day
23:21 The Cross-Examination Strategy That Exposed the Billing Expert
31:41 When Defense Arguments Backfire
39:59 Trial Advocacy: Slow Down and Stay Focused
45:10 Setting Boundaries so the Job Does Not Take Over Your Life

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

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Thank you!

Sharif Gray and Nael Abouzaki