HM&B Prevails on Motion for Summary Judgment in Slip and Fall Resulting From Water on the Floor

HM&B Prevails on Motion for Summary Judgment in Slip and Fall Resulting From Water on the Floor

The plaintiff, an invitee of the defendant grocery store, was injured when he slipped and fell in a puddle of water on the floor of the store. Plaintiff filed suit alleging the defendant negligently maintained its premises in an unreasonably safe condition and knew or should have known about the water’s existence yet failed to remove it. However, the undisputed evidence revealed no employee had actual knowledge of the water prior to plaintiff’s incident. Additionally, an employee inspected the water aisle one minute prior to plaintiff’s incident and did not observe any water on the floor. More importantly, all parties testified the water upon which plaintiff fell was clean, odorless and contained no footprints or track marks. The defendant filed for summary judgment on the basis that plaintiff failed to establish the defendant had actual or constructive notice of the water on the floor prior to plaintiff’s incident. Based upon the uncontroverted facts, the court granted the defendant’s motion for summary judgment.

HM&B Attorneys: Michael Dono, partner; Schuyler Smith and Patricia Concepcion, associates