The New York State Appellate Division, First Department, determined that summary judgment was properly denied in a recent case involving a slip-and-fall accident. The Plaintiff, Sentina Brown, and a co-worker provided testimony to the effect that, at the time of the accident, Ms. Brown slipped in water, that no warning signs were in place, that it was not raining and no water was leaking from the ceiling, and that Defendant’s employee was standing nearby with a mop and bucket.
Ms. Brown’s co-worker further testified that he saw the management company’s employee mop the lobby at around the time of night the accident occurred. The First Department held that this evidence presented triable issues as to whether the management company created the condition upon which Plaintiff slipped. Defendant’s presentation of evidence about its general cleaning practices and the schedule of its employee was insufficient to overcome Plaintiff’s arguments. The management company had taken the position that the employee did not mop the lobby until three hours after the accident.
If you or a loved one has been injured in a slip and fall accident, please contact the New York Personal Injury Attorneys at the Law Offices of Thomas L. Gallivan, PLLC.