Virginia Injury Lawyer Blog

Family of suburban D.C. man gets $1.5 million after fatal fall

The Fauquier County city of Warrenton in suburban Washington, D.C. is paying $1.25 million to the family of a man who tripped – and subsequently died – on a hazard the city knew about but had not fixed.

Harold Spencer tripped over a 16-inch wall built around an old cistern at the Warrenton-Fauquier Visitor Center, The Washington Post reported.

Spencer – who was on the board of a foundation that helped erect the center – died three days after the Jan. 8, 2007 fall. Spencer was a Warrenton native who raised five children in the community.

Spencer’s family subsequently learned “that the visitor center had failed its final inspection four times for not putting a guardrail around the cistern,” the Post reported. “They also found that the town had moved into the center without an occupancy permit.”

The cistern was discovered during the building’s construction, and officials decided to preserve it. However, no one bothered to put up a guard rail until after Spencer’s death – despite detailed internal discussions among officials about the potential hazard.

"I feel very uncomfortable with the Visitor Center operating," Christopher Bogert, the town engineer, e-mailed another official in 2006. "And no handrail around the cistern. Wet/winter weather is coming quickly and if someone slips and falls in the Town will be liable."

Spencer’s family subsequently sued the city of Warrenton, as well as the foundation that owns the visitor center site. While the city has settled without admitting any liability, the litigation with the foundation continues. 

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Labels: accident attorney Fauquier County Harold Spencer lawyer Warrenton