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Fairfax

  • 3915 Old Lee Highway Suite 22-B
    Fairfax, VA 22030
  • Phone: (703) 584-7277
  • Fax: (703) 783-0686
  • This office is open M-F, 9-5.
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Alexandria

  • 1010 Cameron St
    Alexandria, VA 22310
  • Phone: (703) 688-3944
  • xThis is a satellite office that is staffed several days a month. Please always call before dropping by!
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Arlington

  • 1655 Fort Myer Dr #700
    Arlington, VA 22209
  • Phone: (703)591-9829
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Dumfries

  • 17932 S. Fraley Blvd Suite 400-F
    Dumfries, VA 22026
  • Phone: (703) 988-7607
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Herndon

  • 13800 Coppermine Road 1st Floor
    Herndon, VA 20171
  • Phone: (703) 544-7868
  • Fax: 703.783.0686
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Fredericksburg

  • 1135 Heatherstone Dr
    Fredericksburg, VA 22407
  • Phone: (540) 227-4571
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Lexington

  • PO Box 530
    Lexington, VA 24450
  • Phone: (540)300-2716
  • Lexington attorney Van Hardenbergh graciously allows the use of his office for clients meetings at this location and, with client permission, serves as co-counsel in cases in this area.
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Manassas

  • 10432 Balls Ford Rd. Suite 300
    Manassas, VA 20109
  • Phone: (703) 988-7656
  • Fax: 703.783.0686
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Newport News

  • 11836 Canon Blvd Suite 100
    Newport News, VA 23606
  • Phone: (757) 932-9683
  • Newport News attorney Scott Wash is the BenGlassLaw team member at this office.
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Petersburg

  • 1658 Berkeley Avenue
    Petersburg, VA 23805
  • Phone: (804) 601-1179
  • Petersburg attorney Van Hardenbergh graciously allows us the use of his office for clients meetings in Petersburg and with client permission acts as co-counsel in cases in this area.
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Quantico - Stafford

  • 800 Corporate Drive, 3rd Floor
    Stafford, VA 22554
  • Phone: (540) 358-1371
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Reston

  • 12020 Sunrise Valley Dr. Suite 100
    Reston, VA 20191
  • Phone: (703) 988-7721
  • Fax: 703-783-0686
  • This is a satellite office that is staffed several days a month. Please always call before dropping by!
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Richmond

  • 1506 Willow Lawn Dr. Suite 121
    Richmond, VA 23230
  • Phone: (804) 597-0119
  • Richmond attorney Bob Battle graciously permits us to use this office for client meetings and, with client permission, co-counsels with us on Richmond area cases
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Virginia Beach

  • 4164 Virginia Beach Blvd Suite 204
    Virginia Beach, VA 23452
  • Phone: (757) 302-7527
  • Virginia Beach attorney Kellam Parks graciously permits us to use this office for client meetings and, with client permission, co-counsels with us on Virginia Beach area cases
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Williamsburg

  • 809 Richmond Road
    Williamsburg, VA 23185
  • Phone: (757) 296-0594
  • Willaimsburg attorney Stu Spirn graciously permits us to use this office for client meetings and, with client permission, co-counsels with us on Williamsburg area cases
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If your tree falls on a public road and seriously injures someone are you liable?

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Matt Cline was seriuosly injured when a tree in Albermarle County fell on a public road, crushed his car and fractured his neck. He filed suit against the properly owners where the tree was located, and claimed that this tree was dying, dead or rotten with visible signs of decay and that the owners knew or should have known of the tree's condition and done something about it before it fell.

They didn't and it fell across a public road.

The question was: "do these set of facts even allege a claim in Virginia?" In other words, even if you prove every word as true, can you win?

The Virginia Supreme Court said "based on the common law of England, which we follow if there isn't a contrary Virginia law in place, the answer is no."

There is no duty to even inspect a tree on your own property to determine that it may pose a grave danger to others passing on a public road.

This was a 4-3 decision (Cline v. Dunlora Sourth, LLC, June 7 2012.)

What do you think?

 

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
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