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Board denies notice of claim in Sam’s Club slip-and-fall; county attorney cites limits of local authority
Summary
A notice of claim filed by Eric Knapp on behalf of his wife Jean Knapp alleging county failure to enforce plumbing/maintenance codes and failure to act on unsafe conditions at a Bristol Sam's Club was denied by the board after the county attorney explained that maintenance inspections are optional under the statewide building code and property owners/occupiers bear maintenance responsibility.
The Washington County Board of Supervisors voted to deny a notice of claim filed by Eric Knapp on behalf of his wife, Jean Knapp, stemming from a July 2023 slip-and-fall incident at the Sam’s Club in Bristol located in Washington County.
Mr. Knapp told the board the incident left his wife injured and described what he called inadequate responses from the store and VDOT contacts. He said the store’s restroom had a sewage backup and suggested the county had responsibility for enforcement. He also said attempts to get VDOT or the warehouse operator to respond had been unsuccessful.
County staff and the county attorney responded that the claim did not show a failure of county enforcement under Virginia law. Mr. Snodgrass explained that the Virginia Uniform Statewide Building Code governs construction inspections and that routine maintenance inspections are optional; absent a local maintenance ordinance, the county has no authority to send building officials into privately owned commercial properties for maintenance enforcement. He advised the strongest claim would lie against Sam’s Club/Walmart as the property owner or occupier.
Following the explanation, a motion to deny the claim for the reasons set out in the meeting memorandum carried on a voice vote recorded as 7-0.
The board’s action is recorded for the legislative record; county staff offered to provide names of private counsel and to follow up on procedural steps for Mr. Knapp.
