Dip and Fall
Q: After showering alongside the pool, I walked down a corridor toward the locker room. Towards the corridor’s end, matting gave way to glossy ceramic floor tiles. I came to a central spot in the locker room, permitting me to access the showers, sinks and sauna. At this spot, I slipped and fell. While on the floor, I saw small puddles of water.
May I add that, at times, the showers would cause water to overflow and soak the carpeting at the entrance to the ‘VIP’ area. Periodically, staff would place towels on the floor, in order to protect that carpeting, and also wet-floor signs.
A: You were not in the shower area; you had left the pool area. So the club’s attorneys have no business arguing that the presence of water was ‘incidental’ to the use of the central spot.
The club is not an insurer of the safety of its floors. It can be held liable only if it knew or with reasonable care should have known that the floor was unreasonably slippery. Your attorney will argue that excessive water had existed for a sufficient length of time before the accident that it should have been discovered and corrected.
In a case like this, often the defendant will submit testimony like “the floor was mopped maybe every 15 to 20 minutes” – but is unable affirmatively to recall, or prove through a written record, when the area had actually last been mopped. Especially then – and what with the towels and the signs – you appear to have a very strong case.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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