A young lady worked in a building along Third Avenue in New York City. One rainy day, she came to the office soaking wet. Her sneakers, raincoat and her umbrella were all soaked. When she got to the lobby of her building, she noticed that the building manger had already put out those yellow signs that warned people that the floor was wet. The building manager also put in square mats on the marble floor of the lobby to make a path for the occupants and visitors to the building to get to the counter of the lobby from the front doors and also from the front doors to the elevators.
A New York Injury Lawyer said the mats were placed on the floor with gaps in between them. The young lady walked on these mats to get to the elevators. As she was walking on the mats, her foot landed on bit of exposed marble floor in between the mats. She had a slip and fall. She stated that when she fell, her hand touched the floor and she did not feel anything wet.
She sued the owner of the building and the building manager for negligence. She alleged that they created a dangerous condition that caused her to slip and fall. She alleged that the mats placed by the building manager caused water to be trapped and to pool in the space between the mats right where the marble floor was very visible.
Both the building owner and the building manager moved for the summary dismissal of the complaint for damages filed by the young lady. They both claimed that there is no evidence that they created the condition that caused the young lady’s slip and fall accident. Further, they claim that there was not showing that they actually had actual or constructive notice of the existence of a dangerous condition that caused the young lady to slip and fall.
The building manager testified that on rainy days they usually spread the mats on the marble floor to provide a safe path for the occupants of the building. A Queens Personal Injury Lawyer said they also assigned a porter to inspect the lobby and to ensure that the lobby floor was mopped and cleaned regularly. He also testified that on the rainy day when the young lady fell, they did not have any complaints about water pooling and accumulating in between the mats.
The young lady vigorously opposed the motion for summary judgment filed by the building owner and manager. Specifically she claimed that they had actual or constructive notice of the water pooling on the marble floor; or else, why would they put up the yellow wet-floor signs; why would they put the mats if they were unaware of the potential for injury due to the wet and slippery floors; and why would they specifically assign a porter to always inspect the floor to make sure that it was mopped and clean if they were unaware of the dangerous condition posed by the marble floor?
The only question before the Court is whether or not the summary judgment motion of the building owner and manager should be granted.
The Court ruled that the motion for summary judgment should be granted. A Staten Island Personl Injury Lawyer said first, the young lady failed to prove that the building owner and manager themselves brought the slippery substance (rainwater) into the building; for this reason they cannot be said to have created the dangerous condition which caused the young lady to slip and fall.
Secondly, there is no evidence that the building owner and manager had actual or constructive notice of the dangerous condition: there has been no history of complaints regarding water pooling in between the mats. There has been no history of complaints that would suggest a recurring danger of water pooling in between the mats.
The plaintiff herself said in her deposition testimony that when after her slip and fall, she did not see a pool of water where she fell; she did not feel water on the place where she slipped and fell.
The Court held that the measures taken by the building owner and manager to put mats, signs and to assign personnel to check the floor for mopping during rainy days are a response to the general knowledge that floors could become slippery when wet. This general knowledge that wet floors may become slippery does not amount to constructive or actual notice of a dangerous condition.
Did you slip and fall at work your work premises? Are you wondering whom to sue? Are you wondering what legal basis you can avail of for your claim for damages? Call Stephen Bilkis and Associates today and ask to speak with any of their NYC Slip and Fall attorneys. Their New York City slip and fall lawyers can assist you and advice you as to how to present the facts of your case. Their New York Slip and Fall lawyers can help you decide which cause of action will be most viable. Come to any of the offices of Stephen Bilkis and Associates today and talk to their NY Slip and fall Lawyers to begin the process of claiming compensation for the injury you may have sustained.